Domestic Leave
All employees have the right to take a reasonable period of time off work to deal with an emergency involving a dependant.
Circumstances
Domestic leave is to enable employees to deal with an unexpected or sudden problem and make any necessary longer term arrangements. This includes:
- If a dependant falls ill or has been involved in an accident or assaulted, including where the victim is hurt or distressed rather than injured physically;
- when a dependant is having a baby;
- to make longer term care arrangements for a dependant who is ill or injured;
- to deal with the death of a dependant; for example, to make funeral arrangements or to attend a funeral (see also special/compassionate leave);
- to deal with an unexpected disruption or breakdown in care arrangements for a dependant; for example, when the child-minder or nurse fails to turn up;
- to deal with an incident involving the employee’s child during school hours; for example, if the child has been involved in a fight or is being suspended from school.
The above criteria referring to the granting of domestic leave is very specific with regard to the definition of dependants.
For guidance on leave for bereavement and serious domestic/family circumstances please consult the University’s Compassionate Leave policy in the first instance.
Dependants
A dependant is the partner, child or parent of the employee, or someone who lives with the employee as part of their family. For example, this could be an elderly aunt or grandparent who lives in the household. It does not include tenants or boarders living in the family home or someone who lives in the household as an employee, for example, a live-in housekeeper.
In cases of illness, injury or where care arrangements break down, a dependant may also be someone who reasonably relies on the employee for assistance. This may be where the employee is the primary carer or is the only person who can help in an emergency.
Time Off
The amount of leave will be one or two days at the most, but will depend on individual circumstances, although an employee may be able to take a longer period of leave under other arrangements with the Head of Department. For example, if a child falls ill, the leave should be enough to help the employee cope with the crisis - to deal with the immediate care of the child, visiting the doctor if necessary, and to make longer term care arrangements. It does not mean that the employee may take two weeks leave to look after a sick child.
Qualifying Period
Employees do not have to complete a qualifying period in order to be able to take time off in an emergency.
Pay
There is no statutory right to be paid for Domestic Leave. It is at the discretion of the Head of Department whether it should be paid or unpaid and whether the situation arisen is of a nature to come under the guidelines of Special/Compassionate leave. The Head of Department may wish to consult with Human Resources where the circumstances do not fall clearly within the guidelines.
Notice
Employees need to tell their Head of Department as soon as practicable about their absence, the reason for it and how long they expect to be away from work.
There may be exceptional circumstances where an employee returns to work before it was possible to contact their Head of Department, but they should still tell the Head of Department the reason for the absence on returning.
Time Off Refused
Employees who think that they have been unreasonably refused time off, or victimised for taking it, may follow the grievance procedure to make a complaint.
Longer Time Off
This new right is intended to cover unforeseen matters. If employees know in advance that they are going to need time off, they may be able to arrange with their employer to take this time as part of their annual leave entitlement. Or, if the reason they need leave relates to their child they may be entitled to take parental leave (see guidelines).
Recording Leave
The Head of Department will record the amount of Domestic Leave taken locally.
Claiming Leave Dishonestly
If an employee is found to be claiming leave dishonestly they may be dealt with under the University’s disciplinary procedures.
August 2008
