legal updates
Wednesday, 13 May 2009
being reasonable when it comes to emergencies
The summer months can cause enough problems for employers trying to find holiday cover without the strain of unplanned absences. One common complaint from employers is employees who repeatedly take time off work because their children are ill or their normal childcare arrangements have broken down.
Employees have a right to unpaid leave to deal with emergencies that concern a ‘dependant’. A dependant is a spouse, civil partner, child or parent of the employee (but not grandparent), a person who lives in the same household as the employee and those who reasonably rely on the employee for assistance. If there is a sudden or unexpected problem with someone who depends on the employee’s help or care for example, because they are ill or injured then a reasonable amount of time off is to be given to the employee to deal with the immediate crisis and to make longer term arrangements for care. The risk of dishonesty for this type of leave can increase during the summer holidays.
The risk is compounded by factors such as child care arrangements posing problems or good weather enticing workers away from another day in the office to spend time with their family.
Employers are faced with a dilemma, trying to avoid the risk of a tribunal claim whilst maintaining good attendance levels and ensuring this right is not being abused.
It can be unfair to refuse the employee time off to deal with an emergency involving a dependant however the right only applies to genuine emergencies for a dependant. Neither planned medical appointments nor caring for a child during the period of her illness is covered by this statutory right.
In theory, there is no limit to the number of times an employee can exercise this right and it can be difficult to decide when the length of any absences has become unreasonable, but there are steps employers can take to prevent abuse of the right including:
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Put in place a clearly worded policy to inform employees of when this right can be exercised and the penalties for abuse and for failing to follow the notification procedures.
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State in the disciplinary procedure that abuse or breach of the policy will result in disciplinary action.
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Conduct a return to work interview as soon as an employee exercising this right is back at work and establish the reason for their absence and the steps taken to deal with the emergency to allow the employee to return to work as quickly as possible in the circumstances.
If you are experiencing any problems in this area or you would like us to review any policy you have on time off for dependants please contact Donna Reynolds in our employment team.