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This is a right which allows you to take a reasonable amount of time off work to deal with certain unexpected or sudden emergencies and to make any necessary longer-term arrangements. The emergency must involve a dependant of the employee. An employee who uses this right is protected against unfair dismissal or victimisation. The right to time off described here applies to most employees including employees on fixed-term contracts - although there are a few exceptions, (self-employed, members of the police force etc). You are entitled to this right from day one of starting your job. The right enables you to take action, which is necessary: If a dependant falls ill, or has been injured or assaulted When a dependant is having a baby To make longer term care arrangements for a dependant who is ill or injured To deal with a death of a dependant To deal with an unexpected disruption or breakdown of care arrangements for a dependant To deal with an unexpected incident involving the your child during school hours
There may be times when both parents want to take time off work under this right and it may be reasonable, or even necessary, to do so, in this situation it should be dealt with using common sense (although no guidelines are set). A dependant is either your husband, wife or partner, child or your parent. It also includes someone who lives in the same household as a member of the family. In cases of illness, injury or where care arrangements break down, a dependant may also be someone who reasonably relies on you for assistance. This may be where you are the primary carer or the only person who can help in an emergency. The legislation does not specify the amount of time off which it is reasonable that an employee 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. The right is intended to cover genuine unforeseen emergencies. No limit on the number of times an employee can be absent from work under this right has been set. If you know in advance that you are going to need time off, you should ask for annual leave in the usual way. Or, if the reason they need leave relates to your child, you may be entitled to take parental leave. You need to advise your employer as soon as practicable, the reason for your absence and how long you expect to be away from work, however there may be exceptional circumstances where you return to work before it was possible to contact the company, but you should still tell the company the reason for the absence on returning. It is not necessary to give the notice in writing and there is no statutory requirement for you to produce evidence (although you may be asked to). The right does not include an entitlement to pay, so whether or not you will be paid is left to the employer's discretion, or to the contract of employment between you and your company. If the company believe that the situation is being abused, it should be dealt with using the disciplinary procedure. If you believe you have been unreasonably refused time off, or subjected to detriment for taking it, you may make a complaint to an employment tribunal.
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