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What must companies do by law with regard to giving people time off when they are caring, ill or recently bereaved.

This page takes around 10 minutes to read.

Legal information for HR and line managers

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Flexible working

The right to request flexible working was extended on 30 June 2014 to all employees with 26 weeks’ (six months) continuous employment by the Children and Families Act 2014. This includes reduced or compressed hours, job share, staggered hours, term-time working, flexi-time and home working arrangements.

The government set out new proposals in 2021 to make the right to request flexible working a day one entitlement for every employee in Britain.

Emergencies

The Employment Rights Act 1996 stipulates that employers must give someone ‘reasonable’ time off to deal with an emergency involving a dependent. For example, a breakdown in care arrangements.

This time off is likely to be short-term, around one or two days, but there is no legal definition of how long a reasonable amount of time off should be. View the Gov.uk website for further information. Employers do not have to pay their employees for emergency time off.

Carers

The Employment Act 2002 allowed certain carers the right to make a formal request for flexible working. The legislation initially gave the right to parents of children under six or disabled children under 18. It was some years later before the scope was expanded to include other carers.

The government set out new proposal in 2021 to introduce a day one right to one-week’s unpaid leave for carers balancing a job with caring responsibilities.

Bereavement

Female employees who suffer a stillbirth after 24 weeks are entitled to up to 52 weeks statutory maternity leave and/or pay.

Similarly the subsequent death of a child born alive would not affect the mother’s entitlement to maternity leave. There is more information on the Gov.uk website.

Legal and practical information for employees

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It can be very difficult losing someone and not knowing what steps to follow. Below are some of the key areas and resources to help make it easier.

The right to time off

Anyone classed as an employee has the right to time off work if a dependant including a spouse, parent and child dies. There is no law on how much time off a person can take or if this will be paid by the organisation. It is therefore important to check the employee’s contract and organisation’s policy for full details.

Legal support and guidance after a death

The National Bereavement Service offers practical and emotional support to guide you through the arrangements that need to be put in place after death. There is a helpful booklet which includes a list of the main tasks that need to be carried out after someone dies. For assistance in understanding the rules and guidance on how to register the death, notify government departments and deal with the estate, visit the Gov.uk website.

Assistance with deaths abroad

If a relative or friend who lives in the UK dies abroad you will need to understand what requirements they have in that specific country. Find out more about the initial steps about death abroad and how the Foreign, Commonwealth & Development Office can help

For information of country specific legal processes and the British Embassy’s list of translators and interpreters visit the Gov.uk website.

Please refer to the ‘Signposting’ section of the Compassionate Employers member’s hub where you will find resources on organisations that can provide support and information on coping with bereavement.

Legal and practical information for carers

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It can be difficult for a carer to juggle their caring role and their own health and wellbeing. There are a variety of services available to support carers, the person being cared for and a combination of both.

Carers’ assessment

A carers’ assessment is available for adult carers of adults (over 18 years) who are mentally and physically disabled, ill or elderly. Any carer who appears to have needs for support can have an assessment by the local council.

Working carers

There is support employers can offer their employees who are working carers. You can view a series of factsheets via the Carers Trust website.