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TIME
OFF FOR DEPENDANTS
The EC Parental Leave Directive contains a right to time off
to deal with family emergencies. The Employment Relations Act
1999 insert new Ss.57A and 57B into the ER Act 1996 incorporating
this right into domestic law. Unlike many of the other time-off
rights contained in the ER Act 1996, there is no requirement
under Ss.57A and 57B for the time off to be paid.
THE RIGHT
The right provides that an employee is entitled to take a
reasonable amount of time off during the employee’s working
hours in order to take action which is necessary:
- 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;
- in consequence
of the death of a dependant;
- because of the unexpected
disruption or termination of arrangements for the care
of a dependant;
- 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 or her.
An employee is entitled, in
the case of such unforeseen emergencies concerning one
of his or her dependants, to take such reasonable
time off which is necessary to deal with the emergency (“Emergency
Time Off”).
NOTIFICATION
The employee must notify the employer as soon as possible
of his or her requirement for Emergency Time Off, and give
a full explanation of the emergency and its expected duration.
PAYMENT
Employees are not entitled to be paid for Emergency Time Off
except at the employer’s absolute discretion.
DURATION
The right to Emergency Time Off is to allow employees to deal
with an emergency concerning one of his or her dependants,
for example making alternative care arrangements for dependants.
If an employee is aware that he or she will need time off,
this will not be regarded as an emergency and should be taken
as annual leave in the normal way and not as Emergency Time
Off. Emergency Time Off generally will be for limited periods
not exceeding one to two days, to allow employees to deal with
the immediate emergency and make necessary longer term arrangements.
DEPENDANTS
The Emergency Time Off is to deal with an
emergency concerning a dependant. A dependant for these purposes
is:
- a partner;
- a child;
- a parent;
- someone who lives with the employee as part
of the family (i.e. not a lodger, boarder, tenant or employee);
or
- in the case of ill-health or where care arrangements
break down, it may include someone who reasonably relies
on the employee.
A dependant may also include any person who reasonable relies
on the employee for assistance on an occasion when the person
falls ill or is injured or assaulted, or to make arrangements
for the provision of care in the event of illness or injury.
Furthermore, a dependant may include any person who reasonably
relies on the employee to make arrangements for the provision
of care. A reference to illness or injury includes a reference
to mental illness or injury.
CIRCUMSTANCES
Emergency Time Off may be appropriate in
the following examples:
- providing assistance if a dependant
falls ill, gives birth, is injured or assaulted; or
- making
arrangements for the care of a dependant who is ill or
injured or where care arrangements are disrupted or
terminated; or
- if a dependant dies; or
- dealing with an incident involving
a child at school.
PROTECTION AGAINST DETRIMENT AND DISMISSAL
An employee is entitled not to be subjected to a detriment
because he or she took time off work. It will also be automatically
unfair to dismiss an employee for taking time off work.
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