In addition to paid annual leave and time off for sickness, staff are entitled to be absent from work in a range of circumstances. The time off can be paid, or unpaid depending on the situation and the law is clear.
When are staff entitled to paid time off?
Paid time off is given to pregnant employees, working fathers after the birth of a baby, parents who adopt a child , young people who are studying for a relevant qualification and certain employees who are training or carrying out trade union duties. People being made redundant and who need time off to help find jobs or arrange training can also expect paid time off work. Employers may be more generous and opt to pay in other circumstances – when someone is absent due to a family crisis or attend a funeral for example – but it is not a legal obligation.
You must allow pregnant employees time off for any doctor, midwife or health visitor appointments. These can include relaxation and parentcraft classes if advised by a doctor, midwife or health visitor. A pregnant employee automatically qualifies for ordinary maternity leave, (at present at least 26 weeks) regardless of how long they have been working for you. Many women will be entitled to receive statutory maternity pay during ordinary maternity leave and those with a minimum length of service can also take additional unpaid leave if they wish. There are specific rules to follow on maternity leave, and these must be strictly adhered to. A pregnant woman keeps all her normal terms and conditions except wages or salary she is on ordinary maternity leave. Holiday entitlement continues as normal.
Working fathers can take up to two weeks’ paid leave after the birth of a baby but there are certain qualifying conditions including being the child’s biological father or the mother’s husband or partner! Other conditions include having worked continuously for you for at least 26 weeks by the end of the 15th week before the week the baby was due and having continued until the birth. The pay is set at the same level as statutory maternity pay and most fathers are entitled to it. However staff who earn less than the lower earning for National Insurance do not qualify. Men can take a block of either one or two whole weeks leave, but not odd days. Terms and conditions remain the same.
Employees who adopt a child can take paid adoption leave if they have worked for you for at least 26 weeks, and they are entitled to a minimum level of statutory adoption pay.
Young people are also allowed a ‘reasonable’ paid time off for studying or in training leading to a relevant qualification. Employees who are carrying out duties or training as safety representatives, or carrying out industrial relation duties (or being trained as an official of a recognised trade union), are also allowed paid time off. Staff do not need permission to join a trade union and must not be penalised for joining (or refusing to join) a trade union. Similarly, staff looking for another job or arranging training for future employment when being made redundant, or involved in consultation over collective redundancies or business transfers are also entitled to time off.
When can staff have unpaid time off?
Employees can take time off to attend emergencies such as an issue in the family – illness, death, assault, the birth of a baby or an issue with a child at school for example. Although you must allow time off for such requests you are not legally obliged to pay for it. If you believe the employee has had sufficient time off to deal with an emergency, and is abusing the system you can terminate their time off from work. But you must be pretty certain – if you make a mistake the employee could claim against you at tribunal.
In addition, parents who have completed a year’s service with you can take extra unpaid leave (up to 13 weeks), for each child born or adopted on or after December 15, 1999. They can take leave until the child’s fifth birthday, or until five years after they have adopted a child. Parents of disabled children are entitled to 18 weeks unpaid leave until the child’s 18th birthday. This applies to those born since December 15th 1994. However, as an employer you can postpone this leave for a maximum of six months if it would be very disruptive to the company.
Certain trade union activities come in the category of unpaid time off. Public duties are also covered, for example as acting as a magistrate, certain authority work, (e.g. working on a NHS Trust) or working as a member of a school governing body. Legally you must release an employee for jury service, or you could face prosecution.
Do not unreasonably refuse workers time off for reasons related to a disability, as this could be seen as discrimination. Likewise, part-time workers are generally entitled to the same treatment as full-timers – from the same hourly rates of pay to access to promotion and training opportunities, plus pension, sickness and holiday rights.
See also separate articles on paid annual leave and time off for sickness and contact the acas website for further information.
