UK Leave Laws

In recognizing the pivotal role of employee well-being and in maintaining a healthy work environment, it’s crucial to emphasise the value of taking breaks from work. This article aims to delve into the legal obligations surrounding leave in the UK and explore the various leave options available to employees.

It’s worth noting that different regulations may apply to employers in both the public and private sectors. In the UK, leave entitlements are categorised into two main groups: mandatory and non-mandatory, each with its own specific guidelines and requirements.

This Article Covers

UK Required Leave

• Sick Leave
• Jury Duty Leave
• Military Leave
• Emergency Response Leave
• Domestic Violence and Sexual Assault Leave
• Holiday Entitlement

UK Non-Required Leave

• Bereavement Leave 
• Voting Time Leave
• Holiday Leave

UK Required Leave

Employers in the UK are required to provide their employees with certain leaves of absence. These include the following:

1. Sick Leave

• Eligibility: All employees in the UK who earn at least £123 per week and have been ill for at least 4 consecutive days are eligible for Statutory Sick Pay (SSP).
• Duration: If employees are sick for more than 7 days, they need to provide a fit note as proof that they were ill. If employees are sick for less than 7 days, they can self-certify their sickness without a fit note.
• Circumstance for Utilising Leave: Employees can take sick leave if they get sick, injured, or face conditions that impact their ability to work, including situations like diagnosis, treatment, or taking preventive care measures, they’re allowed to take time off. Additionally, this leave can be used if they’re victims of domestic violence, sexual assault, or harassment, or if they need to take care of family members dealing with any of these situations. Employers must pay them their usual rate during this leave and can’t punish the employees for taking this time off.

2. Jury Duty Leave

• Eligibility: Employees who are called up to serve a jury.
• Duration: Usually lasts up to 10 days, but it can be longer.
• Circumstance for Utilising Leave: To serve on a jury or when subpoenaed as a witness. During the time off, the worker should receive payment at their normal compensation rates.

3. Military Leave

• Eligibility: Reservists receive a ‘call-out notice’ for full-time service, also known as ‘mobilisation.’ This notice is mandatory to follow, and it usually provides 28 days’ notice, though it could be less in urgent situations. Reservists must inform their employer as soon as they know about their mobilisation, and employers receive information packs outlining their rights and responsibilities in such situations.
• Duration: Reservists have the right to return to their previous job type and conditions after mobilisation. If that job is unavailable, they should be offered a suitable alternative. The duration for which reservists must be re-employed depends on their length of employment before mobilisation: If they worked up to 13 weeks, they should be re-employed for at least 13 weeks. If they worked between 13 and 51 weeks, they should be re-employed for at least 26 weeks. If they worked for 52 weeks or more, they should be re-employed for at least 52 weeks.
• Circumstance for Utilising Leave: Members of the Army Reserves or other reserve units are safeguarded by employment laws if they’re summoned for duty. Similarly, employers of these reservists have specific entitlements and responsibilities, such as seeking financial aid or requesting exemptions.

4. Emergency Response Leave

• Eligibility: Qualified volunteers.
• Duration: Employees can take their leave in segments of either two, three, or four weeks, depending on their requirements. However, they’re limited to one leave period every 16 weeks. Future leaves beyond this timeframe are anticipated to be subject to government consultation.
• Circumstance for Utilising Leave: To respond to emergencies.

5. Domestic Violence and Sexual Assault Leave

• Eligibility: Victims of domestic violence or sexual assault in Northern Ireland.
• Duration: Northern Ireland approved the Domestic Abuse (Safe Leave) Bill, granting victims of domestic abuse the entitlement to receive up to ten days of paid leave annually.
• Circumstance for Utilising Leave: To obtain a restraining order, and get legal and medical counselling and treatment. 

Apart from Northern Ireland, there are currently no laws in the UK providing employees with paid leave specifically for experiencing domestic abuse.

6. Holiday Entitlement

• Eligibility: All employees.
• Duration: Employees in the UK receive a week’s salary for every week of statutory leave they use. Typically, most employees are entitled to 28 days of paid vacation annually.
• Circumstance for Utilising Leave: Employees can use holiday entitlement leave for personal reasons such as travel, relaxation, or attending family events. Additionally, holiday entitlement can be used for medical appointments, recovery from illness, or taking care of dependents.

UK Non-Required Leave

Employers in the UK are legally not required to offer certain types of leave. Still, some employers may choose to provide these benefits at their discretion.

1. Bereavement Leave

Employers are not obligated to offer bereavement leave unless it is stated in the company policy.

2. Voting Time Leave

In the UK, employers are not required to offer voting leave unless they have stipulated that in their company policy. However, employees have the right to request time off work to vote if they find it impossible to vote outside their working hours.

3. Holiday Leave

In the absence of established company policies, employers may not be obliged to grant leave for bank holidays.

The following are the official bank holidays observed in the UK:

Learn more about UK Labour Laws through our detailed guide.

Important Cautionary Note

This content is provided for informational purposes only. While we make every effort to ensure the accuracy of the information presented, we cannot guarantee that it is free of errors or omissions. Users are advised to independently verify any critical information and should not solely rely on the content provided.