Site guide
Employment Relations Act 1999
Here is a summary of your rights as a carer staying in employment from the 1999 Employment Relations Act.Right to time off for dependants
The Act gives all employees a right to take reasonable time off to attend to emergency situations or unforeseen circumstances involving dependants. Unfortunately the right does not include a statutory right to pay. That is left to the employer's discretion.
Who counts as a dependant?
A dependant could be any member of your family or friend or partner who lives in the same household, or somebody that lives in a different household but who reasonably relies upon you for assistance in cases of illness or injury, or where care arrangements break down. Household members who are employees, tenants, lodgers or boarders are excluded.
How much time is allowed off?
There is no set limit to the time off you can take. The Act refers to a 'reasonable amount of time' which in many cases will be one or two days. The leave should be enough for you to cope with a crisis, to deal with the immediate care of a person or to make longer term arrangements for their care. It does not mean that you are able to take two weeks off to look after a dependent who is unwell.
How much notice needs to be given to an employer?
You need to tell your employer as soon as possible about your absence, the reason for it and when you expect to return to work.
What if the request is refused?
If you think your employer has unreasonably refused you time off, or you have felt victimised for taking it you can take a complaint to an employment tribunal against your employer. Complaints must normally be made within three months of the date when the time off was refused or the victimisation took place. You should seek specialist employment advice to support you in this process, such as the Citizens Advice Bureau (CAB) www.citizensadvice.org.uk
What happens if I need to take a longer time off or know in advance that the problem is going to arise?
Rights under the Act are intended to cover unforeseen circumstances. If you know in advance that you are going to need time off you may be able to arrange with you employer to take time off as part of your annual leave entitlement.
You can get more information from:
Employment Relations Act 1999 - as published by Her Majesty's Stationery Office (HMSO)The Citizen's Advice Bureau - A national voluntary organisation providing free information and advice on a wide range of issues. The website contains a great deal of useful information on a huge range of topics.
There are people who can help:
West Sussex Carers Support Services (formerly West Sussex Carers Network)
Search
If you are having trouble finding the information you need on this website you could try using one of the following search options:Local Search
You can use this facility to search the Carers Online database for organisations in West Sussex that may be able to help you.
Search this Site
You can use this facility to search the website for a particular keyword or phrase.