Time off for family emergency

Short answer

Yes, in principle. Being a student does not affect your rights as a worker. What matters is your employment status, not the fact that you are studying. If you are legally classed as an employee, you have two separate statutory rights that can cover a family emergency or a caring responsibility: the right to time off for dependants in an emergency, and the newer right to unpaid carer’s leave for planned caring. There is also compassionate leave, though that is largely a matter for your employer.

The important qualification is that a “student worker” is not a legal category in itself. The rights below apply to employees. If you are genuinely self-employed, a casual worker who is not an employee, or on a contract that does not create employee status, the statutory position can be different, so your actual status matters.

Time off for dependants in an emergency

Under section 57A of the Employment Rights Act 1996, an employee is entitled to take a reasonable amount of unpaid time off to deal with an unexpected emergency involving a dependant. A dependant is usually a spouse or partner, child, parent, or someone who lives in your household as a member of the family, and in some situations someone who reasonably relies on you for care.

This right covers situations such as a dependant falling ill, being injured or assaulted, giving birth, dying, or an unexpected disruption in their care arrangements, for example a carer failing to turn up or a childminder cancelling. It also covers dealing with an incident involving your child at school.

Key features:

There is no set amount of time. You are allowed what is reasonable to deal with the immediate emergency, which is often only a day or two to sort out longer-term arrangements, not to provide the care yourself indefinitely.

There is no limit on how many times you can use it, although an employer may raise it with you if they think it is affecting your work.

It is unpaid by law, although your contract, staff handbook or intranet may provide for payment, so it is worth checking.

It does not cover situations you knew about in advance, such as a booked hospital appointment. Planned situations may instead fall under carer’s leave or parental leave.

You should tell your employer as soon as reasonably practicable why you are absent and, if possible, how long you expect to be away.

Unpaid carer’s leave

Since 6 April 2024, under the Carer’s Leave Act 2023, employees have a separate right to unpaid carer’s leave to give or arrange care for a dependant who has a long-term care need. This is designed for planned or ongoing caring, rather than sudden emergencies.

A dependant qualifies if they have a physical or mental illness or injury meaning they are expected to need care for more than three months, a disability within the meaning of the Equality Act 2010, or care needs connected with old age. The dependant does not have to be a family member, just someone who relies on you for care.

Key features:

You can take up to one week of leave in any rolling 12-month period. A week means your normal working week, so it is pro-rated for part-time hours, which is relevant if you only work limited hours around your studies.

It is available from your first day of employment, with no minimum service requirement.

It can be taken as full or half days, or as a continuous week.

You need to give notice of either twice the length of the leave requested, or three days, whichever is longer. The employer cannot refuse the request outright but can postpone it in limited circumstances if the business would be unduly disrupted, and must allow it within a month.

Your employment rights are protected during the leave, and you are protected from detriment or dismissal for taking or seeking to take it.

Compassionate and other leave

There is no general statutory right to paid compassionate or bereavement leave for most relatives, so this is usually governed by your contract or your employer’s policy. Many employers offer paid compassionate leave, so check the handbook.

One important exception is parental bereavement leave and pay, which gives parents who lose a child under 18, or suffer a stillbirth after 24 weeks, up to two weeks of leave. If your circumstances involve the loss of a child, that separate right may apply.

If you personally become unwell because of the situation, ordinary sick leave and, if eligible, Statutory Sick Pay may be more appropriate.

How your status and contract affect this

The statutory rights to time off for dependants and to carer’s leave both apply to employees. If you are an agency worker, casual or zero-hours worker, or otherwise not an employee, you may not have these particular statutory rights, though the label on your contract is not decisive. What matters is the reality of the working relationship, including mutuality of obligation and control.

If your work is through your university, for example as a student ambassador, hall assistant or research assistant, check whether the university treats you as an employee and what its own leave policies say. A university’s own staff policies are authoritative for its own staff.

Practical next steps

1. Check your contract, staff handbook or intranet for any policy on emergency time off, carer’s leave, compassionate leave and whether any of it is paid.

2. For a sudden emergency, contact your manager as soon as you can, explain that you need time off for a dependant emergency, and say roughly how long you expect to be away.

3. For a planned caring responsibility, consider whether carer’s leave fits, and give the required notice in writing, keeping a copy.

4. Keep a written record of your request and the employer’s response, in case there is any later dispute.

5. If your employer refuses a valid request, penalises you, or dismisses you for taking or seeking this time off, you may have a claim for unlawful detriment or unfair dismissal, and you can raise it first through your employer’s grievance procedure and then, if needed, through Acas early conciliation before an employment tribunal. Strict time limits apply to tribunal claims, generally three months less one day from the act complained of, so act promptly.

What would change the answer

The position could differ if you are not actually an employee, if your contract provides more generous rights, if the situation was foreseeable rather than a genuine emergency, or if it involves bereavement of a child, which engages a distinct statutory scheme. If you tell me your exact employment arrangement, who the dependant is, and whether the need was sudden or planned, I can give a more tailored answer.