Introduction
At least six weeks of school summer holidays put a particular strain on a small team. Parents and carers need cover for children who are usually at school, and requests for time off all fall in the same weeks. Emergencies still happen too, holidays or not: a child taken ill, a childminder off sick, or an older parent who suddenly needs help.
Behind those requests sit two different legal rights. Both are unpaid, but they do different jobs. Time off for dependants is the general right to deal with an unexpected emergency involving a dependant, and it applies all year, not only over the holidays. Unpaid parental leave is planned time a parent books ahead to spend with their child. Ordinary annual leave covers the rest of the planned time off.
These rights apply to every employer, regardless of how many people you employ. One of them has also just changed: since 6 April 2026, unpaid parental leave is a day-one right, so more of your staff may qualify this summer than did last. This guide explains what each of these covers, how they differ, and how to handle the requests fairly.
What Time Off for Dependants Actually Covers
By law, any employee can take time off to deal with an emergency involving a dependant, under the Employment Rights Act 1996. 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, and can also be someone who lives in the household or relies on the employee, such as an older neighbour.
The right is for the unexpected. That includes a dependant who is ill or injured, a child whose school closes without warning, a sudden breakdown in childcare, or the death of a dependant. ACAS lists the full range of situations the right covers. The time allowed is whatever is reasonable to deal with the immediate problem and put longer arrangements in place, usually 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 or penalise someone for taking it, or for asking to.
Where the School Holidays Catch Employers Out
The distinction is between the emergency and the plan. If a childminder is suddenly off sick or a holiday club cancels at short notice, that is exactly the kind of unexpected event the right is designed for. Six or more known weeks of summer childcare are not. A parent or carer who needs the holidays covered is not dealing with an emergency, so time off for dependants does not apply. It is easy to treat the whole summer as dependant leave, so it helps to be clear with staff about the difference before the requests start arriving.
How Planned Childcare Time Off Works
For planned time, there are two main routes, and it is worth knowing both so you can point staff in the right direction.
Annual leave
Annual leave is the obvious one. Every employee is entitled to at least 5.6 weeks a year (GOV.UK). You can decline a specific request for a sound business reason, such as too many people wanting the same week, but you cannot refuse the entitlement itself, and the usual notice rules apply on both sides.
Unpaid parental leave, now a day-one right
The second route is unpaid parental leave, and this is where the law has changed. It is easy to mix up with time off for dependants, since both are unpaid and both now apply from day one. The difference is timing. Time off for dependants covers an unplanned emergency and runs to a day or two. Parental leave is planned time with your own child, booked ahead, useful for settling them into new childcare or covering the holidays. Eligible parents and guardians can take up to 18 weeks per child up to the child's 18th birthday, capped at 4 weeks per child a year, normally taken in whole weeks with 21 days' notice (GOV.UK). Since 6 April 2026 it is a day-one right, so an employee no longer needs a year's service to use it. Anyone who joined within the last year now qualifies where they would not have before, and some will not know the option exists.
Flexible working
Flexible working can also take the pressure off, through adjusted hours or remote days across the peak weeks. Every employee has had the right to request flexible working from their first day since 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, how much notice you need, whether there is a cap on how many people can be off at once, and how you decide between clashing requests. Keep it in the staff handbook and cover it at onboarding, so it is understood in advance rather than raised for the first time at a refusal.
A few practical steps keep it fair and consistent:
- Put the policy in writing. Cover notice, approval, any cap on numbers off at once, and how clashes are settled, and apply it to everyone the same way.
- Separate the emergency from the plan. Allow the genuine emergency as time off for dependants; handle planned childcare as annual leave or parental leave.
- Choose one method for clashes. First come, first served is simple and defensible; a rota that rotates priority is fairer where the same people always want the school holidays.
- Never refuse the genuine emergency. The day-one right to deal with an unexpected dependant emergency cannot be turned down, though it is for the immediate problem, not ongoing cover.
- Plan cover early. Use a holiday planner to spot thin weeks, and cross-train so no single task depends on one person being in.
How We Can Help
Most SME owners want to treat staff fairly and stay on the right footing legally. What they lack is the time to keep on top of shifting leave rules and the confidence 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 and parental leave in one place, so your managers 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 and defensible. Whether you need a one-off steer or ongoing HR support, we can take the uncertainty out of it.
Final Thoughts
The summer squeeze is predictable, 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 the holidays become a scheduling exercise rather than a scramble.
Frequently Asked Questions
Is time off for dependants paid?
No, 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, and it is automatically unfair to penalise someone for taking it. The right is for the unexpected, though, not for planned childcare, so an employer can expect planned time to be booked as annual leave or parental 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, enough to deal with the immediate emergency and arrange longer-term cover, not open-ended time off to provide ongoing care.
Does time off for dependants cover school holiday childcare?
No. Planned summer childcare is not an emergency, whether the holidays run six weeks or longer, so it is not covered by time off for dependants. Planned childcare over the holidays should be taken as annual leave or, for eligible parents, unpaid parental leave.
Who counts as a dependant?
A dependant is a spouse, partner or civil partner, a child, or a parent of the employee. It can also be someone who lives in the same household, or someone who relies on the employee for care, such as an older neighbour, but not a tenant or lodger.
What is unpaid parental leave and who can take it?
Unpaid parental leave lets eligible parents and guardians take up to 18 weeks off per child, up to the child's 18th birthday, capped at 4 weeks per child a year and normally taken in whole weeks. It is unpaid, and since 6 April 2026 it is a day-one right, so an employee no longer needs a year's service to use it.
Can an employer refuse an annual leave request over the summer?
An employer can decline a specific set of dates for a genuine business reason, such as too many staff wanting the same week, provided the correct notice is given. What an employer cannot do is deny the underlying entitlement of at least 5.6 weeks a year.
Do employees still need a year's service to take parental leave?
No. Until April 2026 unpaid parental leave required a year's continuous service. Since 6 April 2026 it is a day-one right, so eligible parents and guardians can take it from their first day of employment.