Unpaid Leave In The UK: Everything You Need To Know | PurpleCV (2024)

Unpaid Leave In The UK: Everything You Need To Know | PurpleCV (1)

If you are an employee in the UK, you may be wondering what your rights are when it comes to unpaid leave.

We will answer the question, ‘What is unpaid leave?’, discuss who is eligible for it, how much leave one is entitled to, and what steps are taken to request it.

We will also provide some tips on how to manage your finances during this period.

Read on to find out how this subject applies to you in your workplace.

What is unpaid leave?

This is a period of time that an employee spends outside of work without pay, while retaining their employment status.

It differs from sick leave in that employees are entitled to a certain amount of paid sick leave.

The same goes for maternity and paternity leave. There are several kinds of paid leave available to workers.

In contrast, with unpaid leave, the employer has no legal right to pay during the this period.

Types include:

  • Unpaid parental leave
  • A career break / sabbatical
  • Compassionate leave
  • Emergency situations
  • Unpaid holiday

Note that some types of employee leave can be paid or unpaid, depending on the contract or agreement between employer and employee.

Compassionate leave, parental leave and taking a career break are examples of this.

Who is entitled to unpaid leave?

Under UK law, employees are entitled to unpaid leave in certain circ*mstances. This could include sabbatical breaks, holiday and other types of absences.

However, there are specific rules and regulations that govern how much unpaid leave an employee can take and what their rights are during this period.

Employees who have worked with the same employer for more than two years are entitled to up to 18 weeks of unpaid leave.

This can be taken in chunks of no less than one week or all at once.

Employee contracts

Employee contracts vary regarding unpaid leave time allocated to, for example, unpaid holidays, parental responsibility, medical appointments etc.

Most employers will consider an employee’s request in context and grant reasonable time to the employee according to their needs.

If you are unsure, consult the government resources linked below and review your employment contract or employee handbook.

The employment contract will contain relevant information related specifically to your position, but remember that UK employees are entitled to unpaid leave in certain circ*mstances according to the law.

Public duties

Sometimes, an unpaid absence is necessitated by the law, when one’s presence is required for jury service.

However, accommodations can be made; a change of date for your jury service can be requested, or your employer may need you for that period.

Jury service accommodations are considered on a case-by-case basis.

If one is called up for jury duty, this time is considered unpaid leave. However, you can claim money back to compensate for lost earnings.

Unpaid parental leave

One of the most important kinds of leave many employees will consider is parental leave.

Paid leave for new mothers and fathers is generally available in the UK. Beyond that, parental leave is not paid.

You are entitled to 18 weeks’ unpaid parental leave for each child, with a maximum of 4 weeks to be used in a given year.

Eligible parents may pursue unpaid parental leave to, for example, organise childcare or spend time with family members.

Taking unpaid parental absence does not affect employment rights.

How to request unpaid leave

In order to take leave, eligible employees must make a written request to their employer.

The request should include details of why the leave is being requested and for how long it will be taken.

Employers must respond to the request as soon as possible but can only reject requests in specific circ*mstances, such as if it would cause substantial harm to the business or put other employees’ safety at risk.

Should an employer refuse, consider the situation and whether they are justified in their decision.

Remember, an employee’s rights should be exercised, as that’s what they are there for. Unpaid and paid leave should be considered as and when they benefit you.

UK citizens have a statutory right to this and various kinds of paid leave. For more information, see the Employment Rights Act 1996.

Reasons for leave

Before making a request, consider your reasons.

For some cases, paid time off may be more suitable.

Also, take note of any previous absences or leave requests made during the calendar year or period of employment.

There are special cases that the employer will take into account when considering such a request, such as compassionate leave, maternity leave and family emergencies, or whether performing public duties is expected of the employee.

Managing your finances

Employees who take unpaid leave may be concerned about how they will manage their finances during their absence.

There are some financial support options available, such as Universal Credit or Statutory Sick Pay.

Employees should speak to their employer or the relevant government department for more information about what support is available during the leave period.

It is important to note that employers cannot discriminate against employees who take such leave.

This includes not allowing them to return to their job after the leave period has ended.

Key takeaways:

So there you have it – everything you need to know.

Knowing your rights and understanding how to manage your finances during this period is essential for any employee.

Key Takeaways:

  • Employees in the UK are eligible for up to 18 weeks of unpaid leave if they have been with their employer for more than two years
  • To take it, employees must make a written request to their employer
  • There are some financial support options available for employees who take unpaid leave
  • Employers cannot discriminate against employees who take unpaid leave

We hope this blog post has provided you with all the information you need to know, whether for medical reasons, maternity/paternity leave, public duties or just a holiday.


Need help taking the next step in your career? PurpleCV can craft a unique, professional CV that’s tailored to your experience and skills. Check out our CV writing services or get in touch with us today!

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Unpaid Leave In The UK: Everything You Need To Know | PurpleCV (2024)

FAQs

How does unpaid leave work UK? ›

Unpaid leave is not a legal right in the UK. It is typically subject to the employer's discretion and may vary depending on the company's policies, employment contracts, or collective agreements with trade unions. However, many employers recognise the importance of providing this benefit to support their employees.

How do you justify unpaid leave? ›

Employees may request unpaid time off (UTO) for the following reasons:
  1. To care for dependents.
  2. As an extension of parental leave.
  3. To attend a course/professional development.
  4. As a career break.
  5. For voluntary work.
  6. To carry out public duties such as jury service.
  7. New employee relocations, or time off to move house.
May 6, 2024

What is a good reason for taking unpaid personal leave? ›

Common reasons are childbirth, adoption, caring for an ill family member, serious health conditions or military leave. In cases such as these, employees may be entitled to leave by federal or state law.

What is the law for leave of absence in the UK? ›

There is no legal provision for work allowing you to take an extended leave of absence from work, so it is at the employer's discretion whether or not to offer it to their workers. Workers may want to take a career break to make time for travelling, pursuing further education, or simply taking a step back from work.

How to calculate unpaid leave in the UK? ›

The total cost of your leave is calculated as follows: Your hourly rate of pay x number of hours worked per day x number of days you will be unpaid. E.g. £6.9989 x 7hrs per day x 5 days = £244.96 gross. Currently, your hourly rate of pay is shown at the top right corner of your payslip.

What is the unpaid work law in the UK? ›

Law About Unpaid Trial Periods of Work

There is no law in the UK stating whether or not you should pay a person for trial work. Instead, there is guidance from the government about when an employer should be paying the National Minimum Wage (minimum wage).

Is unpaid leave good or bad? ›

Unpaid leave, and in fact any sort of vacation or time absent from work, can help prevent burnout, thus improving overall well-being and job satisfaction. Time off allows employees to prioritize their personal matters when necessary, which is crucial to maintaining a healthy work-life balance.

Does unpaid leave count as service? ›

Both paid and unpaid leave periods are counted as service if the leave has been approved by the employer. Unapproved absences, like industrial action, aren't counted as service. However, they won't break an employee's period of continuous service.

How do I write a letter asking for unpaid leave? ›

Important Points to Include While Writing Leave Without Pay Application
  1. Salutation.
  2. The subject of the Application.
  3. Reason for leave.
  4. Required number of leaves (particular dates)
  5. Work schedule while you are away.
  6. Contact Number.
  7. Signature.

What is a valid reason for leave of absence? ›

There are a lot of reasons why someone might need to take a leave of absence from work. Perhaps they are taking a trip, need to care for a sick family member, or they might be dealing with their own personal issues. Maybe they simply need some time to recharge after years of dedicated service.

Can I write personal reason for leave? ›

State the Purpose of Your Leave: Clearly mention that you are writing to request a leave of absence for personal reasons. Be concise but provide enough detail to explain your situation. If you're comfortable, briefly mention the nature of your personal reason.

What is the best reason to take leave? ›

Good Excuses To Miss Work
  1. Car (or Other) Accident. Accidents are unexpected events and usually qualify as legitimate requests for sudden leave, especially if serious injuries are involved. ...
  2. Death of a Loved One. ...
  3. Personal Illness. ...
  4. Child's Illness. ...
  5. Emergency. ...
  6. Car Problems. ...
  7. Medical Appointments. ...
  8. Miscellaneous Absences.

What is the new absence policy UK? ›

However, under the new national framework, all schools will be required to consider a fine when a child has missed 10 or more sessions (5 days) for unauthorised reasons. From August 2024, the fine for school absences across the country will be £80 if paid within 21 days, or £160 if paid within 28 days.

What is the leave policy for employees in the UK? ›

Almost all people classed as workers are legally entitled to 5.6 weeks' paid holiday a year (known as statutory leave entitlement or annual leave).

What is mandatory leave UK? ›

The minimum holiday entitlement that an employer must provide to a full-time worker is 28 days a year (or 5.6 weeks). The 28 days is split between 20 days 'Euro leave', which stems from the European Working Time Directive (and was subsequently codified into the UK's Working Time Regulations).

Is taking unpaid time off bad? ›

Depending on what exactly is included in the specific company's policy, taking unpaid leave can negatively affect employee benefits, such as health insurance, retirement pay, and others.

Is unpaid sick leave legal UK? ›

Your employer must pay you Statutory Sick Pay (SSP) if you can get it. You should always talk to your employer to try to sort out a problem before you take any further action. If you can't agree about your SSP, ask your employer to give you their reasons for not paying you SSP in writing.

What is the maximum number of weeks of unpaid leave that an employee may take? ›

The Family and Medical Leave Act (FMLA) provides certain employees with up to 12 weeks of unpaid, job-protected leave per year. It also requires that their group health benefits be maintained during the leave.

What can I do if my employer doesn't pay me in the UK? ›

If you have not been able to resolve your pay issue with your employer, you might be able to make a claim to an employment tribunal. If you want to do this, first you must tell Acas you want to make a claim to an employment tribunal.

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