Parents of Disabled Children: Time-off, Flexible Working & Protection
A practical guide to the extra rights and accommodations available in the UK if you’re caring for a disabled child — beyond those available to parents of non-disabled children.
1) Enhanced Parental Leave for Disabled Children
Key difference Parents of disabled children have more flexible unpaid parental leave.
- Entitlement: Up to 18 weeks unpaid parental leave per child until their 18th birthday.
- Flexibility: Can usually be taken in single days (not only week-long blocks) where the child is disabled (e.g., has DLA/PIP).
- No postponement: Employers cannot postpone parental leave where it relates to a disabled child’s care needs.
Tip: Employers can ask for evidence (e.g., DLA/PIP award letter). Check your workplace policy for how to book leave.
2) Carer’s Leave (from April 2024)
Since April 2024, employees can take up to 1 week of unpaid Carer’s Leave per year for a dependant with a long-term care need (including disabled children).
- Can be taken in full or half days.
- No minimum service requirement.
- Notice requirements are light (typically twice the length of leave requested).
3) Time Off for Dependants (Emergencies)
All employees have a statutory right to reasonable unpaid time off to deal with emergencies affecting a dependant.
- For parents of disabled children, what’s “reasonable” is often interpreted more generously due to the frequency and urgency of care needs.
- Typical uses: sudden illness, breakdown of care, urgent school meetings related to need.
4) Flexible Working & Adjustments
All employees can request flexible working. For carers of disabled children, refusals may risk indirect discrimination or discrimination by association under the Equality Act 2010.
Common adjustments
- Adjusted start/finish times
- Compressed or reduced hours
- Hybrid/remote working where possible
- Job-sharing
Good practice
- Evidence the caring need (DLA/PIP, care plans, appointment letters)
- Propose workable patterns and review dates
- Consider trial periods with objective measures
5) Protection from Discrimination (by Association)
The Equality Act 2010 protects employees who are treated unfavourably because of their association with a disabled person (e.g., their child).
- Examples of potential breaches: penalising disability-related absences; refusing promotion due to caring duties; rigid policies that disproportionately affect carers.
- Employers should consider reasonable adjustments to policies or practices to avoid disadvantage.
6) Medical & Therapy Appointments
No automatic statutory right to paid time off for appointments. However, many employers allow:
- Paid or unpaid carer’s/compassionate leave for essential appointments
- Use of flexible working or parental leave for planned therapy or assessments
- Reasonable adjustments to attendance triggers where absences are disability-related
7) Quick Comparison: Non-Disabled vs Disabled Child
| Right | Non-Disabled Child | Disabled Child |
|---|---|---|
| Parental leave | Up to 18 weeks unpaid until age 18; often in 1-week blocks; can be postponed by employer | Up to 18 weeks unpaid until age 18; can take single days; employer cannot postpone where related to disability care |
| Carer’s Leave (2024→) | Not applicable | 1 week unpaid per year, in days/half-days, for long-term care needs |
| Time off for dependants | Reasonable unpaid in emergencies | Often more frequent and interpreted more generously due to care needs |
| Flexible working | Right to request | Refusals risk discrimination if policies/practices disadvantage carers |
| Discrimination protection | Standard protections | Equality Act “by association” protects against unfavourable treatment due to a child’s disability |
| Appointments | No automatic paid right | Often handled via carer’s leave, parental leave, flexible working or policy-based paid time |
8) FAQs & Practical Examples
My employer refused my flexible working request. What can I do?
Ask for the refusal reasons in writing. If the refusal indirectly disadvantages you as a carer of a disabled child, explain the Equality Act implications and propose adjustments or a time-limited trial. Use your grievance procedure if needed and consider advice from ACAS or a legal adviser.
Can my employer count disability-related absences against me?
Rigid attendance triggers that do not account for disability-related absences may risk discrimination. Ask for a reasonable adjustment (e.g., different triggers, discounting certain absences, or alternative performance measures).
What evidence might my employer ask for?
Typical documents include a DLA/PIP award letter, medical letters, therapy plans, or appointment confirmations. Provide only what’s necessary and keep copies for your records.