WO toolkit 2012 complete.pdf - GMB

SECTION 5.23
23. Can I take time off to look after a dependant?
You can have a reasonable amount of unpaid time off work to take action which is necessary to deal
with an unexpected or sudden problem and make any necessary longer term arrangements.This covers
the following:
• To provide assistance when a dependant,or somebody who reasonably relies you,falls ill(whether
physically or mentally),is injured or assaulted; or a dependant gives birth(this may fall within
paternity leave).
• To make arrangements for the provision of care for a dependant,or any person who reasonably
you,who is ill or injured
• To make arrangements when a dependant dies–this could include funeral arrangements,executor
functions.
• To make arrangements when a dependant’s care unexpectedly breaks down–this could include
child,disabled or elderly care.It also includes making arrangements for the provision of care for
the illness or injury of any person who reasonably relies on the employee.
• To deal with an unexpected incident during the time when a school has responsibility for your
child.
Dependants are defined as:
• Spouse.
• Child(no age defined).
• Parent.
• A person who lives in the same household,but is not a lodger,employee or boarder(this would
include live-in unmarried partners,same sex partners,relatives).
A dependant also includes anyone who reasonably relies on you for assistance and may include the
following:
• Someone for whom you are the primary carer or the only person who can help in an emergency e.g.
a relative who you look after or an elderly neighbour living alone who falls and breaks a leg and you
are the closest on hand at the time of the fall.
You must tell your employer as soon as possible the reasons for your absence and how long you are likely
to be off.This may not,according to the circumstances,happen until after you return to work.The leave
is unpaid and it is envisaged that it will be no longer than one or two days in length.
You are protected against dismissal or any detrimental act,including denial of promotion,facilities or
training opportunities,by the employer for taking dependants’leave.
If your employer has unreasonably refused to allow you to take dependants’leave,you can make a
complaint to an employment tribunal.Although you should initially try to resolve the issue through the
grievance procedure,claims regarding dependants’leave are not covered by the statutory grievance
procedures.If the matter is not resolved internally you must make your tribunal claim within three
months of the refusal.
Negotiate to ensure that leave is paid; to extend coverage to special leave entitlements including
paid paternity leave,bereavement leave,hospital visits etc.
REMEMBER: there may be more than one person affected by this issue.
Consider calling a meeting to advise,recruit and organise.