Many parents and carers seek flexibility from their place of work, so they have the time to do school drop-offs and pick-ups, or to attend their child’s before and after school activities.

For parents and carers alike, employment laws exist that offers them rights to various flexible working arrangements and, if necessary, time off work to deal with certain situations that their dependents rely on them for. Many of these rights exist as part of the Employment Rights Act 1996 (ERA).

Important rights included as part of the Employment Rights Act 1996

Some of the more important legal rights that are likely to be of particular interest to parents and carers seeking flexible working and leave options include the following:

Flexible working for parents and carers

Flexible working is a type of working arrangement that provides some degree of flexibility on working hours - such as how long, where, when, and at what times. The term encompasses most working arrangements that could be considered unordinary, and includes working from home, part-time, or compressed hours - which is when a worker works their regular quota of hours within fewer days than normal.

An employee with at least 26 weeks of service with their employer is entitled to request a flexible working arrangement. The employer is required to at least consider the request, and should they choose to refuse it they must do so on the basis of one of eight reasons permitted under the ERA. These reasons include things such as the proposed flexible working arrangement incurring additional costs or that it would negatively impact the business’ ability to successfully meet customer demands or quality or performance aims.

Read: Common questions about contract of employment

Taking time off work for dependants

Employees have the right to take a reasonable amount of time off work when deemed necessary to allow them to assist one of their dependants with an unexpected or sudden emergency. This time off could be used to provide immediate assistance, such as picking a child up from school, or to make ongoing arrangements for support, such as by arranging a carer. What actually qualifies as a “dependant” and as an “emergency” can be fairly broad. For example, a vulnerable neighbour who depends on the employee for assistance could be deemed a dependant, and emergencies don’t always need to occur suddenly.

Taking unpaid time off work

Those with parental responsibility, including biological parents, adoptive parents, and legal guardians, have the legal right to take unpaid leave from work once they have accrued at least 12 months of service with their employer. This leave is designed to help the employee care for a child at any point up until the child’s 18^th birthday.

Employers can postpone a request for the leave, though employees must be allowed to take it. Unpaid time off work can be used for looking after children during school breaks, caring for them while they are ill, or even attending events or going on holiday with them.

Here at Fonseca Law, we offer a wide range of legal services, including expertise in all things related to employment law. If you’d like advice or guidance, don’t hesitate to get in touch with our team of lawyers so that we can discuss your case in more detail. Contact us by calling 01495 303124, e-mailing enquiries@fonsecalaw.co.uk or by completing our online contact form.