Start with a supportive conversation, then signpost the day-one rights they hold: unpaid carer’s leave, unpaid emergency time off for dependants, and a flexible-working request. None require a diagnosis or evidence.
Have the conversation first
A child on an NHS autism assessment waiting list can be 18 months to two years or more from a diagnosis. Your employee is absorbing appointments, school meetings and a lot of uncertainty in that gap. The first move is a private, non-judgemental conversation: ask what would help, make clear they will not be penalised for needing time, and write down what you agree. You do not need a diagnosis to act, and you should not wait for one.
Signpost the three day-one rights
Three separate statutory rights are easy to conflate. All three apply from the first day of employment and none of them depend on the child having a confirmed diagnosis.
- Carer’s leave. Up to one week of unpaid leave per rolling 12 months to care for a dependant who needs long-term care, in force since 6 April 2024 under the Carer’s Leave Regulations 2024. A child awaiting assessment qualifies through the “illness or injury needing care for more than three months” limb, so no diagnosis and no evidence is required (GOV.UK, Acas).
- Time off for dependants. A reasonable amount of (usually unpaid) time off to deal with an unforeseen emergency involving a child, such as a sudden illness or care arrangements falling through (GOV.UK). This covers emergencies, not pre-booked appointments.
- Flexible working. The right to request flexible working has been a day-one right since 6 April 2024. Employees can make two requests in any 12 months, you must consult before refusing, and you have two months to decide.
Offer flexibility, not a process
The most useful thing you can do beyond the statutory floor is agree informal flexibility: shifting start and finish times around school runs, protected slots for appointments, or short-term adjusted hours. Acas treats agreeing these informally as good practice, and doing so avoids a heavy formal procedure. Recording what you agree, for example in a carer’s passport, means it survives a change of manager.
Know the legal guardrail
Your employee is protected from associative discrimination: it is unlawful to treat someone less favourably because of their association with a disabled person, including a disabled child (Equality Act 2010, section 13). It is also automatically unfair to dismiss or penalise someone for taking carer’s leave. But note the line most HR guidance blurs: the duty to make reasonable adjustments applies to disabled employees themselves, not to the carer. So your obligation here is to avoid detriment and to flex voluntarily, not to run a formal adjustments process for the parent.
Where the law comes from
Related
This page is general information, not clinical or legal advice.