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{{org_field_name}}

Registration Number: {{org_field_registration_no}}

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Employee Statutory Leave and Time Off Policy

1. Purpose

The purpose of this policy is to set out the legal entitlements and procedures for statutory leave and time off within {{org_field_name}}. We are committed to supporting our staff to balance their work and personal lives in a manner that complies with UK employment law, aligns with Care Quality Commission (CQC) regulations, and maintains high standards of care for the people we support. Through effective leave management, we aim to promote staff wellbeing, reduce absenteeism, and ensure the continued provision of safe, person-centred care.

2. Scope

This policy applies to individuals working for or engaged by {{org_field_name}}. Statutory leave and time-off entitlements will apply according to the individual’s employment status and the eligibility requirements set out in the relevant legislation.

For the purposes of this policy:

• employees, including permanent, temporary, full-time and part-time employees, will receive all statutory leave and time-off rights for which they meet the applicable legal eligibility requirements;
• workers, including qualifying bank and agency workers, will receive those statutory rights that apply to workers under the relevant legislation;
• agency workers will also remain subject to the employment arrangements and responsibilities of their employing agency, where applicable;
• volunteers and genuinely self-employed contractors do not automatically acquire statutory employee leave rights by virtue of being engaged by {{org_field_name}}; and
• where an individual’s employment status is unclear, {{org_field_name}} will determine the applicable statutory entitlement by reference to the individual’s actual contractual and working arrangements and current employment legislation.

No provision of this policy is intended to remove, restrict or replace a statutory employment right. Where legislation provides a more favourable or mandatory entitlement than the wording of this policy, the statutory entitlement will apply.

3. Related Policies

This policy should be read in conjunction with the following documents:

• CH02 – Fit and Proper Persons: Employed Staff Policy
• CH27 – Staff Supervision, Training, and Development Policy
• CH33 – Staff Leave and Absence Policy
• CH31 – Disciplinary and Grievance Policy
• CH04 – Good Governance Policy

These policies collectively ensure lawful employment practices, adequate staff support, and continuous improvement in service delivery.

4. Types of Statutory Leave and Entitlements

4.1. Annual Leave

Workers are entitled to paid statutory annual leave in accordance with the Working Time Regulations 1998. For a worker with a regular working pattern throughout the year, the statutory minimum entitlement is 5.6 weeks’ paid annual leave in each leave year. Entitlement for part-time, irregular-hours and part-year workers will be calculated in accordance with the statutory rules applicable to their working arrangements.

Leave requests are managed through {{org_field_name}}’s approved leave system.

• Staff should normally submit planned annual leave requests at least four weeks in advance, subject to any different contractual arrangement or statutory requirement.
• Annual leave requests will be considered fairly and consistently.
• The Registered Manager will take account of the needs and safety of people using the service when arranging staffing cover.
• Statutory annual leave continues to accrue during periods where legislation requires this, including statutory maternity, adoption and other qualifying family-related leave.
• {{org_field_name}} will permit statutory annual leave to be carried forward where this is required by law, including where a worker has been unable to take statutory leave because of qualifying sickness absence or statutory family-related leave, or where another statutory carry-over provision applies.
• Any statutory leave carried forward because of sickness must be taken within the period prescribed by legislation.
• {{org_field_name}} will give workers a reasonable opportunity to take their statutory annual leave and will inform them where untaken statutory leave may otherwise be lost at the end of a leave year.
• Annual leave will not be refused, cancelled or restricted in a manner that would prevent a worker from exercising their statutory holiday entitlement.

Operational staffing arrangements must be managed so that the service continues to deploy sufficient competent staff while respecting workers’ statutory annual leave rights.

4.2. Sick Leave and Statutory Sick Pay

Employees who are unable to attend work because of sickness or injury must notify {{org_field_name}} in accordance with the sickness reporting procedure by contacting {{org_field_phone_no}} or their line manager as soon as reasonably practicable.

Employees may be entitled to Statutory Sick Pay in accordance with current legislation.

For sickness absences governed by the statutory rules applying from 6 April 2026:

• Statutory Sick Pay is available to eligible employees irrespective of their level of earnings;
• Statutory Sick Pay is payable from the first full qualifying day of sickness absence;
• the statutory rate is calculated as the lower of 80% of the employee’s average weekly earnings or the statutory weekly maximum prescribed for the relevant tax year; and
• Statutory Sick Pay may be payable for up to the maximum statutory period, subject to the employee meeting the applicable eligibility requirements.

Employees may self-certify sickness absence for the period permitted by law. Where sickness lasts for more than seven consecutive calendar days, including non-working days, the employee must normally provide a fit note issued by an appropriate healthcare professional.

Return-to-work discussions will normally be conducted following sickness absence to identify any support, health and safety concerns, reasonable adjustments or other appropriate measures.

Persistent or repeated absence may be reviewed under the organisation’s attendance management arrangements. Any action taken will:

• consider the individual circumstances;
• comply with the Equality Act 2010 where the employee is disabled or may be disabled;
• consider whether reasonable adjustments are required;
• take account of pregnancy-related sickness where applicable; and
• not subject an employee to unlawful detriment for exercising a statutory right.

4.3. Maternity, Paternity, Adoption and Shared Parental Leave

{{org_field_name}} will provide statutory maternity, paternity, adoption and shared parental leave and pay in accordance with current legislation. Leave entitlement and statutory pay entitlement are separate legal rights and an employee who qualifies for leave will not necessarily qualify for the corresponding statutory payment.

Maternity Leave and Pay

An eligible employee may take up to 52 weeks’ Statutory Maternity Leave, consisting of:

• 26 weeks’ Ordinary Maternity Leave; and
• 26 weeks’ Additional Maternity Leave.

Statutory Maternity Leave is not dependent upon the employee having completed a minimum period of service.

Eligible employees may receive Statutory Maternity Pay for up to 39 weeks, subject to the statutory qualifying conditions relating to matters including continuous employment and average earnings.

An employee must normally take at least two weeks’ compulsory maternity leave immediately following childbirth.

The employee’s statutory employment rights, including the accrual of statutory annual leave and protection relating to return to work, will be maintained during maternity leave in accordance with legislation.

Paternity Leave and Pay

Statutory Paternity Leave is a day-one employment right for eligible employees.

An eligible employee may take one week or two weeks of Statutory Paternity Leave. Where legislation permits, the two weeks may be taken as two separate one-week periods rather than as one continuous two-week period.

Paternity Leave must be taken within the statutory period following the birth or relevant adoption placement and the employee must provide the required statutory notice.

Eligibility for Statutory Paternity Pay is separate from eligibility for Paternity Leave. The statutory qualifying service and earnings requirements for Statutory Paternity Pay will be applied in accordance with current legislation.

Where permitted by legislation, an eligible employee may take Paternity Leave following Shared Parental Leave.

{{org_field_name}} will not refuse an employee Statutory Paternity Leave where the statutory eligibility and notification requirements have been satisfied.

Adoption Leave and Pay

An eligible employee who is the primary adopter may take up to 52 weeks’ Statutory Adoption Leave, consisting of:

• 26 weeks’ Ordinary Adoption Leave; and
• 26 weeks’ Additional Adoption Leave.

Eligible employees may receive Statutory Adoption Pay for up to 39 weeks, subject to the statutory qualifying requirements.

The rules concerning eligibility, notice, evidence, overseas adoption and qualifying surrogacy arrangements will be applied in accordance with current legislation.

Shared Parental Leave and Pay

Eligible parents may convert the untaken balance of qualifying maternity or adoption leave into Shared Parental Leave, subject to the statutory eligibility and notice requirements.

Up to 50 weeks of Shared Parental Leave and up to 37 weeks of Statutory Shared Parental Pay may potentially be available between eligible parents, depending on how much maternity or adoption leave and pay has already been used.

Employees must provide the statutory declarations, notices and information required to establish entitlement.

{{org_field_name}} will process requests for continuous and discontinuous blocks of Shared Parental Leave in accordance with the statutory requirements.

4.4. Unpaid Parental Leave

Eligible employees have a day-one statutory right to unpaid parental leave.

An eligible employee may take up to 18 weeks’ unpaid parental leave for each child for the purpose of caring for that child, up to the child’s 18th birthday, subject to the statutory rules.

Unless legislation or an agreement with {{org_field_name}} permits otherwise:

• parental leave is normally taken in blocks of whole weeks;
• no more than four weeks’ statutory parental leave may normally be taken for each child in a particular year;
• different rules may apply where the child is disabled; and
• the employee must normally give at least 21 days’ notice.

Where the employee wishes to take parental leave immediately following a birth or adoption, the statutory notification requirements applicable to that situation will apply.

{{org_field_name}} may postpone parental leave only where legislation permits postponement and the statutory procedural requirements are followed. Parental leave will not be refused or postponed merely because staffing arrangements would be inconvenient.

Employees will not be subjected to detriment because they request or take statutory parental leave.

4.5. Time Off for Dependants

Employees have a statutory right to take a reasonable amount of unpaid time off where necessary to deal with specified unexpected or emergency situations involving a dependant.

This may include circumstances where it is necessary to:

• provide assistance when a dependant falls ill, gives birth, is injured or assaulted;
• make arrangements for the provision of care for a dependant who is ill or injured;
• deal with the death of a dependant;
• deal with an unexpected disruption or termination of arrangements for the care of a dependant; or
• deal with an unexpected incident involving the employee’s child during school or other educational hours.

A dependant may include a spouse, civil partner, child, parent, a person who lives in the same household other than solely as an employee, tenant, lodger or boarder, or another person who reasonably relies upon the employee for assistance or care in circumstances covered by the legislation.

The employee must tell their manager:

• the reason for the absence as soon as reasonably practicable; and
• how long they expect to be absent, where this can reasonably be established.

There is no fixed statutory number of days for emergency time off for dependants. The amount of time off must be reasonable in the circumstances.

This right is separate from statutory Carer’s Leave under section 4.7 of this policy.

4.6. Compassionate and General Bereavement Leave

{{org_field_name}} recognises that bereavement and other serious compassionate circumstances can have a significant impact on staff.

Subject to the existing contractual or discretionary arrangements of {{org_field_name}}:

• up to five days’ paid compassionate or bereavement leave may be granted depending upon the circumstances and the employee’s relationship to the person who has died; and
• additional leave may be authorised by management or taken as annual leave or unpaid leave where appropriate.

This discretionary or contractual provision is separate from statutory rights.

Where the circumstances fall within:

• Statutory Parental Bereavement Leave;
• Statutory Bereaved Partner’s Paternity Leave;
• Time Off for Dependants; or
• another statutory family-leave entitlement,

the employee will receive the relevant statutory entitlement irrespective of whether discretionary compassionate leave is also granted.

4.7. Carer’s Leave

Employees have a statutory day-one right to unpaid Carer’s Leave where they need to give or arrange care for a dependant with a long-term care need.

For these purposes, a dependant may have a long-term care need because:

• they have an illness or injury, whether physical or mental, requiring or expected to require care for more than three months;
• they have a disability within the meaning of the Equality Act 2010; or
• they require care because of old age.

The dependant does not have to be a family member and may be any person who reasonably relies upon the employee to provide or arrange care.

An eligible employee may take up to one working week of unpaid Carer’s Leave during each 12-month period. The entitlement is based upon the employee’s normal working week.

Carer’s Leave may be taken:

• as one continuous period;
• as individual days; or
• as half-days.

The employee must give the statutory minimum notice. Where the requested leave is for half a day or one day, at least three days’ notice is required. Where the request is for more than one day, the employee must normally give notice of at least twice the length of the requested leave.

The employee is not required to provide evidence of the dependant’s medical condition or care needs as a condition of exercising the statutory right.

{{org_field_name}} cannot refuse a valid statutory Carer’s Leave request. Where the employee’s absence would cause serious disruption to the service, {{org_field_name}} may postpone the leave in accordance with the statutory requirements.

Where leave is postponed:

• an alternative date must be agreed that allows the leave to be taken within one month of the originally requested start date; and
• the employee must be given the reason for postponement and the revised date in writing within the statutory time limit.

Employees will not be subjected to detriment or dismissal because they request or take statutory Carer’s Leave.

4.8. Parental Bereavement Leave and Pay

An eligible employee has a statutory right to Parental Bereavement Leave where:

• their child dies before reaching the age of 18; or
• they experience a stillbirth after 24 completed weeks of pregnancy,

provided the statutory relationship and eligibility conditions are satisfied.

Eligible employees are entitled to two weeks’ Parental Bereavement Leave for each child who dies.

The two weeks may be taken:

• as one continuous period of two weeks; or
• as two separate periods of one week.

The leave must be taken within 56 weeks of the death or stillbirth.

Statutory Parental Bereavement Leave and Statutory Parental Bereavement Pay are separate entitlements. The statutory leave right applies subject to the statutory relationship requirements, while Statutory Parental Bereavement Pay is subject to additional qualifying requirements, including the applicable continuous employment and earnings conditions.

Where an employee does not qualify for statutory pay, this will not remove any entitlement they have to Statutory Parental Bereavement Leave.

The notification requirements applied by {{org_field_name}} will not exceed those permitted by legislation, particularly where leave is required shortly after the bereavement.

Employees will not be subjected to detriment or dismissal because they take or seek to take Parental Bereavement Leave.

4.9. Neonatal Care Leave and Pay

An eligible employee may take Statutory Neonatal Care Leave where their baby, or the baby of their partner, requires qualifying neonatal care.

Statutory Neonatal Care Leave applies in respect of qualifying babies born on or after 6 April 2025.

To qualify, the statutory conditions must be satisfied, including that:

• the baby enters qualifying neonatal care within the first 28 days following birth; and
• the baby receives at least seven consecutive full days of qualifying neonatal care.

Statutory Neonatal Care Leave is a day-one employment right.

An eligible employee accrues one week of Neonatal Care Leave for each qualifying period of seven consecutive full days in neonatal care, subject to a statutory maximum of 12 weeks.

Neonatal Care Leave must be taken within 68 weeks of the baby’s date of birth.

The way in which the leave may be taken depends upon whether it is taken:

• while the baby remains in neonatal care or during the period immediately following that care; or
• at a later stage after the baby has left neonatal care.

{{org_field_name}} will apply the applicable statutory rules relating to notice, evidence and whether leave may be taken in separate blocks or must be taken as one continuous block.

Neonatal Care Leave is additional to other qualifying statutory family leave. Where required by legislation, it will be taken after Maternity Leave or Adoption Leave and may be arranged around other qualifying family leave.

Statutory Neonatal Care Pay is a separate entitlement and will be paid to employees who satisfy the applicable statutory continuous employment, earnings and other qualifying conditions.

Employees’ statutory employment rights will remain protected during Neonatal Care Leave.

4.10. Bereaved Partner’s Paternity Leave

Where the mother, primary adopter or main intended parent of a child dies, an eligible surviving father or partner may have a statutory right to Bereaved Partner’s Paternity Leave.

This statutory entitlement applies to qualifying deaths occurring on or after 6 April 2026.

Subject to the statutory eligibility requirements, Bereaved Partner’s Paternity Leave may be available where the child:

• is less than one year old; or
• has been in the employee’s care following adoption for less than one year.

Depending upon when the death occurs and the applicable statutory conditions, an eligible employee may take up to 52 weeks’ Bereaved Partner’s Paternity Leave.

The leave is statutory unpaid leave. There is no statutory Bereaved Partner’s Paternity Pay entitlement.

The leave must be taken within the statutory period and, where required by legislation, as one continuous period.

Where the employee is already taking another type of statutory family leave when the death occurs, Bereaved Partner’s Paternity Leave may be taken before or after other qualifying statutory family leave in accordance with legislation.

{{org_field_name}} will apply the statutory notice requirements sensitively and will not require notice or evidence beyond that permitted by law.

Employees will not be subjected to detriment or dismissal because they exercise or seek to exercise this statutory right.

4.11. Medical, Dental and Other Healthcare Appointments

Staff should, where reasonably possible, arrange routine medical and dental appointments outside their normal working hours.

Where this is not reasonably possible:

• staff should notify their line manager as early as practicable;
• routine appointments may, subject to statutory rights and any contractual entitlement, be taken as annual leave, unpaid leave or through another agreed arrangement; and
• reasonable flexibility will be considered for ongoing or specialist treatment.

Nothing in this section removes or limits:

• statutory rights to time off for antenatal appointments;
• statutory rights relating to qualifying adoption appointments;
• statutory rights relating to disability; or
• {{org_field_name}}’s duty to make reasonable adjustments under the Equality Act 2010.

Antenatal Appointments

A pregnant employee is entitled to reasonable paid time off during working hours to attend antenatal appointments made on the advice of a registered medical practitioner, registered midwife or registered nurse.

After the first appointment, {{org_field_name}} may request evidence of the appointment and confirmation that it was made on appropriate medical advice where legislation permits this.

An eligible spouse, civil partner, partner or qualifying intended parent may have a statutory right to unpaid time off to accompany the pregnant person to up to two antenatal appointments, subject to the statutory maximum duration for each appointment.

Adoption Appointments

Eligible employees adopting a child are entitled to statutory time off for qualifying adoption appointments in accordance with the statutory rules.

Where a couple is adopting jointly, the statutory entitlement to paid or unpaid adoption appointment time will depend upon which adopter has elected to take Statutory Adoption Leave.

{{org_field_name}} will apply the statutory requirements concerning the number, duration, payment and evidence for adoption appointments.

4.12. Time Off for Public Duties

Employees who undertake qualifying public duties have a statutory right to reasonable time off work where the relevant legislative conditions are satisfied.

Qualifying public duties may include service as:

• a magistrate or justice of the peace;
• a member of a local authority;
• a member of certain statutory tribunals or public bodies;
• a member of a relevant health body;
• a member of a school governing body; or
• another role covered by the statutory public-duties provisions.

The amount of time off considered reasonable will take account of:

• the amount of time required to perform the public duty;
• the amount of time the employee has already taken for public duties;
• the nature of the employee’s duties within {{org_field_name}}; and
• the effect of the employee’s absence on the service.

There is no general statutory requirement for time off for public duties to be paid unless another specific statutory or contractual provision applies.

Employees may be asked to provide reasonable evidence of the public duty and the dates on which attendance is required.

4.13. Jury Service

An employee who receives a jury summons must notify {{org_field_registered_manager_email}} or their line manager as soon as reasonably practicable and provide a copy of the summons or other appropriate evidence.

{{org_field_name}} will permit an employee to attend compulsory jury service as required by law.

Employees should follow the court process for claiming any allowance available in respect of loss of earnings, travel, subsistence or other eligible expenses. {{org_field_name}} will complete any employer documentation reasonably required by the court for this purpose.

Any arrangements concerning occupational pay during jury service will be dealt with in accordance with the employee’s contract and {{org_field_name}}’s applicable arrangements.

An employee will not be subjected to unlawful detriment or dismissal because they are required to undertake jury service.

5. Efficient and Lawful Management of Leave

{{org_field_name}} will manage employee leave so that statutory employment rights are respected while sufficient numbers of suitably qualified, competent, skilled and experienced staff remain deployed to meet the needs and safety of people using the service.

In accordance with the staffing requirements applicable to a regulated care service:

• Central Leave Records: Approved and requested leave will be recorded accurately to support workforce planning.
• Advance Rota Planning: Rotas will take account of known annual leave, family leave and other planned absences.
• Safe Staffing Arrangements: Staffing levels and the required skill mix will be reviewed when leave or absence occurs, taking account of the assessed needs of people using the service.
• Contingency Arrangements: Suitable bank, agency or other appropriately checked and competent staff may be used where required to maintain safe staffing.
• Monitoring: Leave and absence information may be reviewed for legitimate workforce planning, wellbeing and attendance-management purposes.
• Staff Wellbeing: Workers will be enabled to take their statutory annual leave and other statutory leave entitlements.
• Protected Statutory Leave: A statutory leave entitlement will not be refused, restricted, cancelled or postponed solely because the service has staffing difficulties where the legislation does not permit the employer to do so.
• Permitted Postponement: Where legislation expressly allows a particular type of statutory leave to be postponed, {{org_field_name}} will only do so on the statutory grounds and will follow the required notification and timescale requirements.
• Management Responsibility: Managers are responsible for arranging appropriate staffing cover rather than requiring an employee to surrender a statutory leave entitlement.

Nothing in this policy allows operational requirements to override an employee’s statutory employment rights.

Where an absence creates a staffing risk, the Registered Manager will take appropriate action to ensure that the service continues to meet the assessed needs of people using the service and maintains safe care.

6. Record-Keeping and Confidentiality

{{org_field_name}} will maintain accurate, complete, up-to-date and secure records relating to statutory leave, sickness absence, statutory payments and other employment-related absences.

Records will be processed in accordance with:

• the UK General Data Protection Regulation;
• the Data Protection Act 2018;
• applicable employment and statutory-pay record-keeping requirements; and
• the record-keeping requirements applicable to registered adult social care providers, including Regulation 17 of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014.

Leave and absence records may include, where relevant and lawful:

• the type of leave requested or taken;
• dates and duration of leave;
• notices and declarations provided by the employee;
• evidence required or permitted by legislation;
• statutory payment calculations and payroll records;
• fit notes and sickness certification;
• correspondence concerning postponement, changes or refusal where legally permitted;
• records of return-to-work discussions; and
• decisions concerning reasonable adjustments or other employment support.

Access to employment and leave records will be restricted to persons who require access for legitimate employment, payroll, management, regulatory or legal purposes.

Information concerning an employee’s physical or mental health is special category personal data and will be handled with appropriate confidentiality and security.

Records will:

• be accurate and kept up to date;
• be retained only for as long as required by applicable legislation or a legitimate retention requirement;
• be stored securely;
• be disclosed only where there is a lawful basis to do so; and
• be destroyed or securely deleted when the applicable retention period expires.

Information may be reviewed for legitimate purposes including workforce planning, statutory payment administration, monitoring absence, maintaining safe staffing, supporting staff wellbeing and demonstrating regulatory compliance.

Absence information will not be used in a manner that unlawfully discriminates against an employee or subjects an employee to detriment for exercising a statutory right.

7. Policy Review

This policy will be reviewed annually by {{org_field_registered_manager_first_name}} {{org_field_registered_manager_last_name}}, or sooner in response to:

• Legislative changes
• Changes in operational or staffing needs
• CQC inspection feedback Updated versions will be communicated to all staff and included in the Policy and Procedure Manual.

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Responsible Person: {{org_field_registered_manager_first_name}} {{org_field_registered_manager_last_name}}
Reviewed on: {{last_update_date}}
Next Review Date: {{next_review_date}}
Copyright © {{current_year}} – {{org_field_name}}. All rights reserved.