Time off for Dependants

Time Off for Dependents

Introduction

Time off for Dependants is unpaid leave. It allows employees to take time off work to deal with certain unexpected or sudden emergencies and to make any necessary longer term arrangements. It is a statutory right, introduced by the Employment Relations Act 1999 and is separate from the discretion which Heads of Department already have in respect of compassionate leave. The circumstances which allow unpaid leave to be taken are as follows:-

• To provide assistance on an occasion when a dependant falls ill, gives birth or is injured or assaulted;
• To make arrangements for the provision of care for a dependant who is ill or injured (illness or injury includes mental illness);
• In consequence of the death of a dependant;
• The unexpected disruption or termination of arrangements for the care of a dependant (this would cover the employee for providing assistance in making other arrangements);
• To deal with an incident which involves a child of the employee and which occurs unexpectedly in a period during which an educational establishment which the child attends is responsible for him/her.

For example -

• when the child is distressed for some reason;
• where the child has a committed a serious misdemeanour which could lead to expulsion.

Entitlement

Employees are entitled to take Time off for Dependants from day one of employment. In order to qualify for the right, the employee must tell their manager as soon as they know they may be absent, the reason for the absence and how long it is expected to last.

How much time can an employee take off

The legislation does not specify the amount of time off which it is reasonable that an employer should allow, since this will vary with the differing circumstances of an emergency. For most cases, one or two days should be sufficient to deal with the problem. For example, if a child falls ill with chicken pox, the leave should be enough to help the employee cope with the crisis – to deal with the immediate care of the child, visiting the doctor if necessary, and to make longer term care arrangements

Definition of a dependant

• Spouse-Husband or wife;
• Child-This could mean a child of any age;
• Parent- Including step-parents;
• Someone who lives in the same household. This includes:- parents or elderly relatives living with the family but does not include an employee, tenant, lodger or boarder.

Does an employee have to supply evidence

There is no statutory requirement for employees to produce evidence, either of the actual incident or their relationship to a dependant.

Misuse of the Time off for Dependants Scheme

Any misuse of the scheme will be dealt with under the Council’s Disciplinary Policy.

Parental Leave

1. Introduction

1.1 Parental leave is unpaid leave that can be taken for ‘caring for a child’ by a person who has responsibility for a child. It is a statutory right, introduced by the Employment Relations Act 1999 and the Maternity and Parental leave Regulations 1999.

2. Entitlement

2.1 An employee is entitled to take up to 18 weeks unpaid parental leave (ordinary parental leave) to look after their child up to their 18th birthday.

2.2 In order to qualify for parental leave an employee must have at least one years’ continuous employment.

2.3 An employee cannot take Parental Leave with one employer and then start again with a new employer. The entitlement is per child only, not per contract of employment.

3. Definition of a parent

3.1 A parent includes the following:

• The mother;
• The father;
• The father of the child if he was married to the mother at the time of the birth or he is registered as the child’s father;
• The father (if not covered by the above) if he has acquired parental responsibility under the Children Act 1989;
• Adoptive parents;
• A spouse or partner of any of the above (of either sex) if he or she is living with the child;
• Foster parents

3.2 On application for Parental Leave, the employee must produce a copy of the child’s birth certificate, or other evidence, for example, adoption papers.

4. Taking Parental Leave

4.1 Parental leave can only be taken in one week blocks and up to a maximum of four weeks per child in one year. If an employee wishes to take less than a week's parental leave, then this will still be recorded as a whole week (a week is an employee’s normal working week).

4.2 An employee can take parental leave more flexible if their receiving disability living allowance or a personal independence payment for their child. For example, they may take parental leave in one day blocks, up to a maximum of four weeks per disabled child.

5. Obligations on the employee

5.1 The employee must formally write to their Head of Department and give at least 21 day’s notice of taking parental leave in writing. It must state when they wish to start and finish the period of parental leave.

5.2 If the leave is to be taken immediately after the birth/adoption of a child then the employee should give 21 days notice of the expected date.

6 Postponement

6.1 A Head of Department may postpone a request for Parental Leave, but must discuss this with the employee and give notice of the postponement in writing no later than seven days after the employee’s notice to take leave was given. The Head of Department must state the reason for the postponement and suggest alternative dates when the Parental Leave can be taken. The length of the leave should be equivalent to that in the employee’s original request.

6.2 Parental Leave may be postponed in the following circumstances:

• Where more time is needed to make arrangements for covering the employee’s work;
• Where there is a peak in the workload;
• Where the particular employee’s skills are needed at a particular time and the work cannot be easily covered

6.3 If an employee has leave postponed it should be for no longer that is necessary and the employee must be allowed to take it within six months after the beginning of the period that the employee originally wanted to start the leave.

6.4 Parental Leave cannot be postponed if the leave immediately follows childbirth or placement for adoption.

7. Public/Bank Holidays and extra-statutory days

7.1 Where a public or bank holiday or an extra-statutory day falls during Parental Leave, normal pay for that day will be provided where the employee has specified that they do not wish to take that day as parental leave.

8. Multiple Contracts

8.1 Where an employee has more than one employment contract with the Council, the entitlement to Parental Leave is still only 18 weeks.

8.2 If the Head of Department of one post postpones Parental Leave, this will postpone the leave in the other post. It is up to a Head of Department and the employee to agree a convenient time for Parental Leave to be taken, so long as this is within six months.

9. Pensions

Employees on Parental Leave, will be treated the same as other employees on unpaid absence, contributions must be paid for the first 30 days of absence.

When the leave is for more than 30 days, contributions will be optional for the remainder of the leave. The employee must elect to repay the contributions.

10. Misuse of the Parental Leave Scheme

10.1 Any misuse of the scheme will be dealt with under the Council’s Disciplinary Policy. The following will constitute misuse:

• Taking leave for purposes other than for caring for a child. This will generally be in circumstances where someone other than the employee is taking primary responsibility for the child;
• Making a false statement as to entitlement to Parental Leave, for example the age of the child, the relationship with the child or the amount of Parental Leave take with a previous employer

11. How to Apply

11.1 Employees should complete the Parental Leave Application form (See Appendix A) and send it to their Head of Department with all relevant documentation.

Heads of Department are responsible for:

• Authorising or postponing parental leave and for maintaining all documentation;
• Ensuring that one copy of the Parental Leave Application Form goes to Exchequer, and one back to the employee;
• Entering parental leave on the Council’s Absence Database in the same way as any other employee absence

11.2 A year starts from the date the first block of Parental Leave is taken, and becomes a rolling year from that date.

11.3 New employees applying for Parental Leave should be asked if they have taken any Parental Leave with a previous employer, as this will from part of their entitlement.

12. Advice and Guidance

If there are any queries relating to the interpretation of this document please contact Human Resources.

Appendix A

Application for Parental Leave Form

[see attached PDF document]