TOFD (Time off For Dependants)

[Nomad]

The process regarding Time Off For Dependants often causes confusion.

It is not to be treated in the same way as emergency leave as described in SYA. Policy has changed regarding certain aspects of Domestic Absence in which the SYA Policy excludes the absence from the calculation to decide whether to move to a Disciplinary meeting.
However, the SYA states that they would be included in the review level calculation to understand the overall attendance.

Since April 2009, policies regarding Time off for Dependants have changed so that any such emergency leave taken is not included when calculating an employee's absence percentage.

For the members of VLH, this is the updated policy regarding Emergency Leave. Remember, read it, memorise it and use it when having to face Managers that are not aware of the policy. Forewarned is forearmed. Hope this helps. 

POLICIES FOR OUR PEOPLE 2.13

EMERGENCY LEAVE

Our Approach

In line with the Time Off for Dependants Legislation, our aim is to support employees who are faced with a "short-term", unexpected personal emergency that requires them to take a period of time away from work to care for someone who depends on them where they are the only person who can support e.g. if someone is ill and needs immediate help; is involved in an accident; needs the employee to arrange their longer term care; or goes into labour.

A dependant is normally:

- Spouse/civil partner/partner
- Parent/Child
- Brother/sister
- Grandparent
- Partner of parent

This is not a definitive list and a Manager's personal knowledge of the employee and their circumstances might lead to a decision to treat other family members as dependants.

The policy is not designed to cater for Maternity, Paternity, Adoption, Parental, Compassionate or Bereavement Leave for which separate policies apply.

Duration

In the first instance we will consider any request for holidays or other practical arrangements to best support the individual, for example shift swaps or making up the hours. Where this is not practical or appropriate, unpaid emergency leave is for the length of time required to deal with the immediate emergency. This is normally no more than 1 day, in exceptional circumstances it could continue to 2 days.

If a situation arises where an employee needs to be absent for a longer period, unpaid compassionate leave, normal or extended holiday or a lifestyle or career break should be considered. Parents may also be eligible for Parental Leave.

Procedure

Approval for emergency leave requests will be on the basis that:

-  The time off is reasonable and sufficient to deal with the immediate problem, but not 
   excessive. Where applicable the individual should be encouraged to make 
   arrangements to prevent a recurrence.

-  Employees are requested to make contact with their line manager to inform them of
   the emergency as soon as possible, and keep their manager informed as to when they
   will return.

In cases where the period of time requested exceeds 1 to 2 days, or the employee is unable to return to work after the agreed period, alternative types of leave must be considered.

Should a recurring problem become apparent, the line manager and staff member may need to discuss other solutions; for example a change in working hours to better accommodate family demands or making alternative care arrangements where care continually breaks down.

The contract of employment will remain continuous during this period of unpaid leave, which will be treated as authorised absence, therefore it is not included when calculating the employee's absence percentage. The reason for the emergency leave request should be recorded on the employee's file.

What The Law Says

Employees may take a reasonable amount of time off to take necessary action when there is an unexpected disruption to a dependant's care arrangements. They will not be penalised for taking the time off, providing the reason is genuine.

Case Law has demonstrated that 'unexpected' does not mean 'sudden' or 'in emergency'. So, even if someone has prior warning of a disruption to care arrangements, they are entitled to take time off.

For example, if an employee's child falls ill, time off can be taken to deal with their initial needs such as taking them to the doctor and arranging their ongoing care. If they are unable to arrange alternative ongoing care they may take a longer period off work in order to care for the child themselves - however, in this scenario, further time off in Tesco should be given via the other policies described.

The legislation does not obligate employers to give this as paid leave.