1. Statement and Purpose of Policy

• Balham Community Centre (the Employer, we, our or us) recognises that employees may sometimes need to take time off work to deal with emergencies involving dependants.

• This policy sets out employees’ statutory and contractual rights to take time off for dependants, the procedures for notifying the Employer, and the pay arrangements that apply.

• The Employer may amend this policy from time to time to reflect changes in legislation or business needs.

2. Application and Definitions

This policy applies to all employees, regardless of length of service or hours worked.

Note: statutory rights do not extend to agency workers or self-employed contractors.

For the purposes of this policy, a dependant includes:

• A spouse or civil partner.

• A child.

• A parent.

• A person living in the same household as the employee (excluding tenants, lodgers, or employees of the household); or

• Any person who reasonably relies on the employee for care or assistance in emergencies (e.g. an elderly neighbour or relative with a disability).

3. What Counts as an Emergency

An emergency is an unexpected event involving a dependant, including:

• Illness, injury, or assault (including mental health crises);

• Going into labour unexpectedly;

• The death of a dependant;

• The breakdown or unexpected interruption of care arrangements (e.g. a child’s school closure or a carer not turning up); or

• An incident involving a child during school or childcare hours (e.g. an accident or disciplinary issue).

The right to time off applies only where the employee needs to take immediate action — for example, to provide short-term assistance or make longer-term care arrangements. It is not intended for ongoing care responsibilities.

4. Statutory Entitlement

• Under section 57A of the Employment Rights Act 1996, employees are entitled to take a reasonable amount of unpaid time off to deal with emergencies involving their dependants.

• The amount of time considered “reasonable” will depend on the individual circumstances, but typically this will be one or two days per incident.

• The statutory right is unpaid, and there is no minimum service requirement.

5. Contractual Enhancement (Paid Leave)

In addition to the statutory right to unpaid leave, the Employer offers a contractual enhancement:

• Employees who have completed 12 months of continuous service may receive their normal basic pay for up to 5 working days in any rolling 12-month period for dependants' time off.

• Any additional time off beyond 5 days will be unpaid, unless exceptional circumstances apply and are approved by the Employer at its discretion.

• The Employer will apply discretion fairly and consistently, ensuring decisions do not amount to discrimination or bias.

6. Parental Bereavement Leave and Pay

• Employees who suffer the loss of a child under 18, or a stillbirth after 24 weeks of pregnancy, are entitled to statutory parental bereavement leave of up to two weeks (either in one block or two separate one-week blocks) under the Parental Bereavement Leave Regulations 2020.

• Employees with at least 26 weeks’ continuous service and average weekly earnings above the Lower Earnings Limit are entitled to Statutory Parental Bereavement Pay (SPBP).

• Parental bereavement leave and pay are in addition to time off for dependants. Employees may take both types of leave consecutively if applicable.

7. Relationship with Other Leave Types

Employees may also be entitled to:

• Compassionate leave where offered under company policy.

• Unpaid parental leave (up to 18 weeks per child, under the Maternity and Parental Leave etc. Regulations 1999), subject to eligibility; and

• Annual leave, for extended caring responsibilities beyond emergencies.

Employees may combine different types of leave if eligible. For example, they may take unpaid parental leave after an initial period of emergency time off for dependants.

8. Notification Requirements

Employees must notify the Employer as soon as reasonably practicable if they need to take time off for a dependant.

Employees should inform their line manager (or HR) of:

• The reason for their absence; and

• The expected length of time off, if known.

In urgent circumstances where immediate departure is necessary, employees must contact their line manager as soon as they are able, even if this is after leaving work.

The Employer may request reasonable evidence of the reason for absence (e.g. a hospital appointment card or letter), but this will not be required before granting time off.

9. Refusals and Grievances

The Employer will not unreasonably refuse a request for time off for dependants that meets the statutory definition of an emergency.

If an employee believes that time off has been unfairly refused, they may raise the matter through the Employer’s Grievance Procedure.

10. Pay and Benefits During Leave

During unpaid statutory time off for dependants, normal contractual benefits (e.g. accrual of annual leave, pension contributions) will continue in line with employment law.

During paid contractual time off for dependants, employees will receive their normal basic pay (excluding overtime or bonus).

11. Protection from Detriment and Dismissal

Employees are legally protected from:

• Dismissal,

• Selection for redundancy, or any detriment for taking or seeking to take time off for dependants under section 57B of the Employment Rights Act 1996.

The Employer will always ensure fair treatment in accordance with the Equality Act 2010 and our Equal Opportunities Policy.

12. Abuse or Misuse of Policy

Misuse of this policy (e.g. providing false information about an emergency) may result in disciplinary action under the Employer’s Disciplinary Procedure.

13. Review and Further Information

• This policy will be reviewed regularly to ensure compliance with UK employment law and best practice.

• Employees can obtain copies of related policies (Parental Leave, Compassionate Leave, Bereavement Leave, Annual Leave, Grievance and Disciplinary Procedures) from HR.

• Clarified statutory unpaid entitlement under s.57A ERA 1996.

• Confirmed no minimum service for unpaid leave, but added 12 months’ service requirement for contractual paid enhancement.

• Added reference to statutory protection from detriment/dismissal (ERA 1996 s.57B).

• Incorporated Parental Bereavement Leave and Pay Regulations 2020.

• Clarified that agency workers do not have statutory rights to time off for dependants.