Time off for dependants is the right employers most often get wrong over the school holidays. Six weeks in the summer, a week at each half-term and two at Christmas all put a particular strain on a small team. Parents and carers need cover for children who are usually at school, and their requests tend to fall in the same weeks. Emergencies still happen too: a child taken ill, a childminder off sick, or an older parent who suddenly needs help.
Behind those requests sit different rights that do different jobs. Time off for dependants is the right to deal with an unexpected emergency involving a dependant, and it applies all year. Planned time off is a separate matter, covered by annual leave, unpaid parental leave or carer's leave.
These rights apply to every employer, regardless of how many people they employ. One of them changed in April 2026, when unpaid parental leave became a day-one right, so more of your staff may now qualify. This guide explains what each right covers, how they differ, and how to handle the requests fairly.
What time off for dependants covers
Any employee can take a reasonable amount of time off to deal with an emergency involving a dependant. It is a day-one right, with no minimum length of service. A dependant is a spouse, partner or civil partner, a child or a parent. It can also be someone who lives in the household, though not a tenant or lodger. Someone who relies on the employee for care counts too, such as an older neighbour.
The right is for the unexpected. That includes a dependant who falls ill or is injured, or a child whose school closes without warning. A sudden breakdown in childcare counts, and so does the death of a dependant. Acas lists the situations the right covers. The employee should tell you as soon as they can, with the reason and how long they expect to be off.
The law sets no fixed limit. The time allowed is whatever is reasonable to deal with the immediate problem and put other arrangements in place. That usually means a day or two rather than an open-ended absence. It is unpaid unless the contract or your own policy says otherwise. Importantly, it is automatically unfair to dismiss someone for taking it or asking for it. You must not treat them less favourably for it either.
Where the school holidays catch employers out
The distinction is between the emergency and the plan. A childminder suddenly off sick or a holiday club cancelling at short notice is exactly what the right exists for. Six known weeks of summer childcare are not, and neither is a half-term week everyone knew was coming.
A parent who needs the holidays covered is not dealing with an emergency, so time off for dependants does not apply. In practice, it is easy for the whole summer to drift into being treated as dependant leave. It helps to explain the difference to staff before the requests start arriving, rather than at the point of refusing one.
The routes for planned time off
For planned time, there are four routes. Knowing all of them lets you point staff in the right direction.
Annual leave
Annual leave is the obvious one. Every worker is entitled to at least 5.6 weeks a year. You can decline particular dates for a sound business reason, such as too many people wanting the same week. You cannot refuse the entitlement itself. The usual notice rules apply on both sides.
Unpaid parental leave, a day-one right
The second route is unpaid parental leave. It is easy to mix it up with time off for dependants, because both are unpaid and both now apply from day one. The difference is timing. Time off for dependants covers an emergency and runs to a day or two. Parental leave is planned time with a child, booked ahead. It suits settling a child into new childcare or covering part of the holidays.
Eligible parents can take up to 18 weeks per child before the child's 18th birthday, with a limit of 4 weeks per child each year. They normally take it in whole weeks and give 21 days' notice, unless you agree otherwise. Since 6 April 2026 employees can take it from their first day. Anyone who joined within the last year may now qualify, and some will not know the option exists.
Carer's leave
Carer's leave gives every employee up to one week of unpaid leave a year to arrange or provide care for a dependant with a long-term care need. That covers a disabled child, or an older parent who needs care because of age. Staff can take it in half days, days or a whole week. You cannot refuse it, though you can ask to move it if the absence would cause serious disruption.
Flexible working
Flexible working can also take the pressure off, through adjusted hours or remote days across the busy weeks. Every employee has been able to request flexible working from their first day since April 2024.
Handling the requests fairly
A clear, written policy settles most of this before it becomes a problem. It should explain how staff request leave and how much notice you need. It should also say whether you limit how many people can be off at once, and how you choose between clashing requests. Keep it in the staff handbook and cover it at onboarding, so people understand it in advance.
A few practical steps keep it fair and consistent:
- Put the policy in writing. Cover notice, approval, any limit on numbers off at once and how you settle clashes, and apply it to everyone in the same way.
- Separate the emergency from the plan. Allow the genuine emergency as time off for dependants, and handle planned childcare as annual leave, parental leave or carer's leave.
- Choose one method for clashes. First come, first served is simple and easy to defend. A rota that rotates priority is fairer where the same people always want the school holidays.
- Never refuse the genuine emergency. You cannot turn down a reasonable amount of time to deal with an unexpected emergency. It is for the immediate problem, though, not ongoing cover.
- Plan cover early. Use a holiday planner to spot the thin weeks, and cross-train staff so no task depends on one person being in.
How we can help
Most business owners want to treat staff fairly and stay on the right side of the law. What they lack is the time to keep up with changing leave rules, and the certainty to handle an awkward request in the moment. That is where we come in.
At Bespoke HR, we write clear leave policies that cover time off for dependants, annual leave, parental leave and carer's leave in one place. Your managers then know what to allow and what they can decline. When a difficult request comes in, our team is on hand to talk it through and keep your decision consistent. Whether you need a one-off steer or ongoing HR support, we can take the uncertainty out of it.
Final thoughts
The school holiday squeeze comes round several times a year, which makes it worth a little preparation. Know which right covers what, write it down once, and apply it the same way for everyone. Do that, and each holiday becomes a scheduling exercise rather than a scramble.
Common questions
Is time off for dependants paid?
Not automatically. Time off for dependants is unpaid unless the employment contract or the employer's own policy provides for pay. Some employers choose to pay it as a matter of goodwill, but there is no legal requirement to.
Can an employer refuse time off for dependants?
An employer cannot refuse a reasonable amount of time off to deal with a genuine emergency involving a dependant. It is also automatically unfair to dismiss someone for taking it. The right is for the unexpected, though, not for planned childcare. Staff should book planned time as annual leave, parental leave or carer's leave instead.
How much time off for dependants can an employee take?
The law says the amount must be reasonable rather than setting a fixed limit. In practice this is usually a day or two. That is enough to deal with the immediate emergency and arrange other cover, but not to provide ongoing care.
Does time off for dependants cover school holiday childcare?
No. Planned childcare over the summer, a half-term or Christmas is not an emergency, so time off for dependants does not cover it. Staff should take planned childcare as annual leave or, where they are eligible, unpaid parental leave. A sudden breakdown in holiday childcare, such as a holiday club cancelling at short notice, can count as an emergency.
Who counts as a dependant?
A dependant is the employee's spouse, partner or civil partner, child or parent. It can also be someone who lives in the same household, but not a tenant or lodger. Someone who relies on the employee for care counts too, such as an older neighbour.
What is unpaid parental leave and who can take it?
Unpaid parental leave lets eligible parents take up to 18 weeks off per child before the child's 18th birthday. There is a limit of 4 weeks per child each year, normally taken in whole weeks with 21 days' notice. Since 6 April 2026 it is a day-one right, so an employee no longer needs a year's service to take it.
Can staff use carer's leave over the school holidays?
Only to arrange or provide care for a dependant with a long-term care need, such as a disabled child or an older parent who needs care because of age. Every employee can take up to one week of unpaid carer's leave a year, from their first day. It does not cover ordinary holiday childcare for a child without that kind of need.
Can an employer refuse an annual leave request in the school holidays?
An employer can decline particular dates for a genuine business reason, such as too many staff wanting the same week, provided it gives the correct notice. What it cannot do is deny the underlying entitlement of at least 5.6 weeks a year.
