A 'reasonable' response to emergency
Every employee is entitled to a 'reasonable' amount of unpaid leave to cope with a crisis involving a dependant (whether child, parent, partner or other household member). This is enshrined in law under Section 57A of the Employment Rights Act 1996 - but this includes no definition of what is meant by 'reasonable'.
However, employees must be made aware that Section 57A is designed for emergency situations only, providing a short breathing space at a particularly difficult time - it is not designed to provide people with an alternative to longer term childcare arrangements.
In its guidance section, the Department of Business, Enterprise and Regulatory Reform (BERR) suggests that in most cases 'one or two' days should be enough.
Again, this is not a precise measure and common sense will usually determine the right length of leave, according to the individual circumstances of each crisis.
Employers should first simply ensure that an employee requesting such time off explains the reasons for the absence and its likely duration, and then should pay close attention to the actual length of leave taken. If it is felt that this is excessive, before taking any action the employer should first encourage the employee to find an alternative means of care to enable their return to work.
Professional advice can be invaluable when working with contracts or other documents related to employment law.
Contact
Judith Ellery Head of Employment
Bethan Southcombe Solicitor
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