Dependency leave

A. The right to dependency leave under section 57A of the Employment Rights Act 1996 includes “to provide assistance on an occasion when a dependant falls ill ... or is injured”; “to make arrangements for the provision of care for a dependant who is ill or injured”; and “because of the unexpected disruption or termination of arrangements for the care of a dependant”.

In the case of Royal Bank of Scotland v Harrison [2008] UKEAT/0093/08/2706 the Employment Appeal Tribunal noted that for this right to apply, the requirement is only for the time off to be “necessary”.

The need for care does not have to be “sudden” or an “emergency” (although if there’s enough time to make alternative arrangements, it won’t be necessary for the employee to take time off).

While the circumstances are not quite the same — that case concerned the disruption of childcare arrangements — the principle can be applied. This suggests that, so long as you can show that there was no reasonable alternative, you would be entitled to time off under section 57A.