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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