UK Family Right · 2026
What is dependant leave and when can I take it?
Statutory rights
Employment Rights Act 1996 — section on legislation.gov.uk">Employment Rights Act 1996 s.57A (time off for dependants); Carer's Leave Act 2023 + Carer's Leave Regulations 2024 (1 week unpaid Carer's Leave from April 2024); 'reasonable' time off, no fixed cap; day-one right.
How to exercise this right
1) For dependant emergencies (s.57A ERA): tell your employer as soon as practical (phone, text, email). State the emergency and expected duration. Take the time. Confirm duration in writing later. Unpaid unless contract enhanced. 2) For Carer's Leave (post-April 2024): give 3 days' notice OR twice the length of leave (whichever is greater). Up to 1 week per rolling 12 months. Day-one right. Unpaid. 3) Both can be combined for more complex situations.
Employer obligations
Allow reasonable time off without retaliation; not treat employees less favourably for taking dependant/Carer's Leave; not deduct pay if unpaid (i.e., don't double-deduct); preserve employment; acknowledge the protected nature of these absences.
If your employer refuses
Refusing dependant leave or Carer's Leave is automatically unfair if leading to dismissal under ERA s.99/s.103 and gives rise to detriment claim under s.47C. No service requirement. Tribunal claim within 3 months less 1 day; compensation includes injury to feelings.
Worked example
James's elderly mother had a fall on a Tuesday morning. He texted his manager at 8am stating he had a dependant emergency, would be absent that day, and would update later. He spent the day at A&E. The next day he returned to work. Manager later accepted the s.57A leave; James took 1 day unpaid. Two months later he used 5 days Carer's Leave (post-April 2024) to attend his mother's hospital appointments and home setup. Both rights covered different needs.
Recruiter pro tip
The April 2024 Carer's Leave (1 week unpaid per year, day-one right, 3 days' notice) is brand new and many employers haven't updated handbooks. It's distinct from emergency dependant leave — Carer's Leave is for planned caring (medical appointments, home adaptations, long-term care) whereas s.57A is for true emergencies. Use them in combination; reference the Carer's Leave Act 2023 explicitly when requesting.
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