Time off to care for sick child

A. Yes, but subject to various conditions.


Section 57A of the Employment Rights Act 1996 sets out that employees have a day one right to take a reasonable amount of time off work to care for a dependant. A dependant is someone who depends on the employee for care, so this could include children.


Guidance from Acas describes the right to time off under section 57A as being to deal with “unforeseen matters and emergencies” and gives a dependant falling ill as an example of when the right to time off will apply. 


Acas suggests that in most cases one or two days will be enough time off to deal with the immediate situation, but that what is a “reasonable “ time off will depend on individual circumstances.


There is no statutory right to payment while taking time off under section 57A, but some employers might offer payment. Indeed, this may be a contractual entitlement, so it’s important to check the contract of employment.


If an employer unreasonably refuses to give time off under section 57A, this gives rise to a potential employment tribunal claim and advice should be taken on limitation periods.


www.acas.org.uk/index.aspx?articleid=3235