Sometimes, factors outside of our control mean we need to take time off work to care for a spouse, child, or other relative. It may be that they have suffered a serious accident, injury, or become unwell, and have no one else to support them while they recover. This may become a full-time task if they are unable to look after themselves. If you need to take time off work to care for a relative, you may be concerned about your job and how this may affect your employment rights. If you are a migrant worker, you may also be concerned that your immigration status may also be affected. In this article, we will discuss the implications of taking time off to care for a sick family member or relative, and your rights as a migrant worker in the UK.
There are two main considerations of taking time off to care for a relative if you are a migrant worker; 1) the implications for your employment pay and 2) the implications for your immigration status. As we will discuss later in this article, there is an overlapping concern whereby having a reduced income for a temporary period may breach your immigration conditions.
Will I Be Paid By My Employer If I Need To Care For A Sick Relative?
Taking time off to care for a sick family member or relative is referred to as ‘compassionate leave’. Under the law, your employer cannot penalise you for taking time off for a genuine reason. You have the right to take reasonable time off to look after a dependant. Dependants include immediate family members who rely on you for care, including your partner, parents, and children. It may also include relatives who are dependant on you for care. It is recommended that you check whether there are any specific conditions attached to your employment contract covering compassionate leave. You can take compassionate leave in the following urgent circumstances:
- the death of a dependant
- when a dependant become unwell
- a dependant has been injured or assaulted
- a dependant is giving birth
- where there are problems with a dependant's care arrangements
- incidents involving children at school
Matters which are not urgent or unexpected may not give rise to compassionate leave, such as relationship problems, taking a pet to the vet, or taking a dependant relative to a pre-arranged doctor appointment.
Unfortunately, while you have the right to take time off for urgent situations, you are not legally entitled to receive pay while you are absent. This is at the discretion of your employer.
It is important to explain the situation to your employer as soon as possible. In most situations, as long as they understand the situation is genuine, and that you have a strong track history with them, they will allow you the time you request, and they may not stop or reduce your pay. The time you take off must be reasonable and unavoidable.
Will My Immigration Status Be Affected If I Take Time Off To Care For A Sick Relative?
The immigration rules state that sponsoring employers have to report certain events within ten working days to the Home Office. This may then lead to the Home Office curtailing the leave of the sponsored worker. One of these events is where a sponsored worker is absent for ten days; the guidance for employers says, “if a sponsored worker is absent from work for more than ten consecutive working days without permission – you must report this within ten working days of the 10th day of absence”. The key words to note here are “without permission”. If you have arranged a period of compassionate leave with your employer, you will have permission, and therefore there is no need to report this to the Home Office.
The immigration rules also state “Sponsored workers can take short periods of unpaid leave but, unless an exception applies, you must stop sponsoring a worker who is absent from work without pay for more than four weeks in total in any calendar year (1 January to 31 December)”. The exceptions are as follows:
- statutory maternity, paternity, parental, shared parental or adoption leave
- sick leave
- assisting with a national or international humanitarian or environmental crisis, with your agreement
- taking part in legally organised industrial action”.
What this means is that if you do take agreed compassionate leave, and you receive no pay, if this is for more than four weeks, your employer has to cease your sponsorship. For this reason, if you are not receiving pay, it is important to keep the absence to less than four weeks in the year.
Another consideration is where your employer agrees you can take compassionate leave, but with reduced pay. If your salary reduces, this must be reported to the Home Office by your employer. This does not mean your sponsorship will be withdrawn, however. But the rules do state that employers, have to stop sponsoring you if your revised salary no longer meets the salary or going rate required for your job. As such, it is important to work out with your employer the implications for you if you need time off for compassionate reasons, and your pay will be temporarily stopped or reduced.
Wrapping Up
If you are a migrant worker on a Tier 2/Skilled Worker visa in the UK, and you need to take time off to care for a dependant family member or relative, it is important to understand all of the implications outlined above. If you are unsure of the best way to proceed, and your employer is unable to provide the guidance you need, consider speaking to an immigration Solicitor who will be able to advise you. Even a short phone call with an immigration Solicitor may be enough to give you the confidence and assurance that you are taking the correct action, and that your employment and immigration status will be unaffected.
