Emergency Leave Policy UK: Employer Guide 2025

Overview

Emergency leave, more formally known as time off for dependants, is a statutory right under section 57A of the Employment Rights Act 1996. It lets an employee take a reasonable amount of unpaid time off to handle an unexpected situation involving someone who depends on them.

A dependant can be a spouse or civil partner, a child, a parent, or someone living in the same household who is not a tenant, lodger, boarder or employee. In some situations it also covers a person who reasonably relies on the employee for care or for making care arrangements.

The right is about dealing with the immediate problem, not ongoing caring responsibilities. Typical situations include a dependant falling ill or being injured, a breakdown in usual care arrangements, arranging care after a death, or an incident at a child's school.

There is no service qualification, which means the right applies from day one of employment. The time off is unpaid by law, although many employers choose to pay the first day or two as a matter of policy to support wellbeing and retention.

Key steps

1. Set out who counts as a dependant. Your policy should make it obvious who the right applies to. Use the statutory definition as your starting point, then give realistic examples so staff are not left guessing. Clarity here prevents awkward conversations later, particularly around household members, partners, and informal caring relationships that do not fit neatly into family labels.
2. Define what a qualifying emergency looks like. Spell out the kinds of situations that trigger the right, such as sudden illness, injury, unexpected school closures, a carer not turning up, or bereavement arrangements. Make clear that planned appointments and routine childcare do not fall within emergency leave, and signal which other policies, like parental leave or compassionate leave, may apply instead.
3. Explain how employees should notify you. Employees must tell their employer as soon as reasonably practicable, giving the reason and how long they expect to be off. Your policy should set out preferred contact methods, who to call if the line manager is unavailable, and what to do if the situation develops and more time is needed. Keep the bar low, no forms in the middle of an A&E visit.
4. Agree what is a reasonable amount of time. The law does not fix a set number of days because what is reasonable depends on the circumstances. Most emergencies are dealt with in a day or two while longer-term arrangements are put in place. Your policy should explain how you will approach this sensibly, and how to move onto other leave types, such as annual leave or unpaid parental leave, if the situation continues.
5. Handle returns, records and concerns consistently. Keep a simple record of each occasion, the reason given, and the length of time taken. Have a supportive return-to-work conversation rather than an interrogation. If a manager has genuine concerns that the right is being misused, deal with it through the normal disciplinary procedure with evidence, not assumptions, remembering that dismissing or penalising someone for taking this leave can be automatically unfair.

Common questions