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CHW33-Staff Leave and Absence Policy

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Staff Leave and Absence Policy

1. Purpose

The purpose of this policy is to provide clear guidelines on managing staff leave and absence at {{org_field_name}}. This ensures that employee rights are upheld while maintaining appropriate staffing levels to deliver high-quality care. This policy aligns with CIW regulations, employment law, and best practices to promote fairness, transparency, and efficiency in managing absences.

2. Scope

This policy applies to all employees of {{org_field_name}}.

Certain parts of this policy may also apply, where relevant, to workers, bank staff, agency workers and volunteers in relation to reporting absence, attendance expectations, health and safety, conduct, safe staffing arrangements and service continuity. However, statutory and contractual leave entitlements, including annual leave, sick pay, maternity leave, paternity leave, adoption leave, parental leave, parental bereavement leave, neonatal care leave and carer’s leave, apply only where the individual has the legal employment status and qualifying service required by law or contract.

Managers must apply this policy fairly, consistently and in accordance with employment law, the Equality Act 2010, Social Care Wales Codes of Professional Practice, and the Regulated Services (Service Providers and Responsible Individuals) (Wales) Regulations 2017, as amended.

3. Annual Leave

All employees are entitled to paid annual leave in accordance with their contract of employment and the Working Time Regulations 1998. Statutory holiday entitlement will be calculated and administered in line with current legal requirements, including any specific rules applying to part-time, irregular-hours or part-year workers where relevant.

Entitlement

Annual leave entitlement, including public holiday arrangements where applicable, will be set out in the employee’s contract of employment or written statement of terms.

Requesting Annual Leave

Employees must submit annual leave requests through the designated system and with as much notice as reasonably practicable. Approval will be subject to service needs, safe staffing levels, skill mix, dependency levels of people using the service, and the need to maintain continuity of care. Managers must deal with requests fairly, consistently and without unlawful discrimination.

Fair Allocation

Annual leave will be allocated using a fair system which balances employee wellbeing with operational need. Managers must consider peak periods, school holidays, religious observance, previous leave patterns and the requirement to maintain safe service delivery.

Carry Over

Annual leave should normally be taken in the leave year in which it accrues. However, carry-over will be permitted where required by law, including where an employee has been unable to take annual leave due to sickness absence, maternity leave or other family-related statutory leave. Any additional contractual carry-over may be approved in accordance with organisational rules and service needs.

Sickness During Annual Leave

If an employee becomes unwell immediately before or during a period of annual leave, they must notify their manager without delay and provide any required evidence. Where the legal and policy requirements are met, the period of sickness will be treated as sick leave and annual leave may be reinstated.

Booking and Cancelling Leave

The organisation reserves the right to refuse, postpone or cancel annual leave where necessary to maintain safe staffing and continuity of care, provided this is done lawfully, reasonably and with appropriate notice.

4. Sickness and Absence Management

{{org_field_name}} is committed to supporting employee health and wellbeing while ensuring that sufficient staffing arrangements remain in place to provide safe, effective and person-centred care. In line with Welsh regulated-service requirements, arrangements must be in place to cover staff sickness or absence so that care and support needs continue to be met and individuals are supported to achieve their personal outcomes.

Reporting Sickness Absence

Employees must notify their line manager personally, unless exceptional circumstances make this impossible, as soon as they become aware that they are unfit for work and normally no later than one hour before the start of their shift. The employee must state, where possible, the reason for absence, the likely duration of absence, whether any urgent action is needed in relation to their duties, and any immediate work-related risks.

Ongoing Contact During Absence

Employees must maintain reasonable contact with their manager during sickness absence as agreed, and managers must maintain supportive contact that is proportionate, respectful and focused on wellbeing, service continuity and any adjustments that may assist recovery or return to work.

Certification and Medical Evidence

Absences of 7 calendar days or less must be self-certified. Where an employee is absent for more than 7 calendar days, they must provide appropriate medical evidence, normally a fit note. A fit note may be issued by an eligible healthcare professional in accordance with current law and guidance. If a fit note states that the employee ‘may be fit for work’, the manager will discuss with the employee whether temporary adjustments, amended duties, altered hours, phased return arrangements or other support are reasonably practicable.

Sick Pay

Employees will receive Statutory Sick Pay and/or any contractual occupational sick pay in accordance with their contract of employment and the organisation’s sick pay rules. Entitlement to sick pay does not remove the requirement to comply with absence reporting and certification requirements.

Return to Work

A return-to-work discussion will normally take place after each sickness absence. The purpose is to confirm fitness to return, identify any ongoing health concerns, review whether support or reasonable adjustments are required, update any risk information relevant to the employee’s duties, and reduce the risk of recurrence.

Long-Term Sickness Absence

Absence of 4 weeks or more will normally be treated as long-term sickness absence. In such cases, the organisation may obtain medical advice, including occupational health advice where appropriate, and may agree a return-to-work plan, phased return, temporary adjustments or other supportive measures.

Disability and Reasonable Adjustments

Where sickness absence may be linked to a disability, pregnancy, menopause, mental health condition or other protected circumstance, managers must consider their duties under the Equality Act 2010, including whether reasonable adjustments are required and whether attendance management action would be appropriate.

Medical Appointments

Employees should arrange routine appointments outside working time wherever possible. Necessary medical appointments linked to pregnancy, disability, work injury, occupational health referral or another protected or contractual right will be managed in accordance with the law and related policies.

Absence Monitoring

The organisation will keep accurate absence records, monitor patterns and trends, and take supportive and proportionate action where concerns arise. Monitoring may include review of frequent short-term absence, long-term absence, lateness, unauthorised absence, the impact on service delivery and the need for workforce planning or additional support.

Management Escalation and Safe Staffing

Managers must promptly escalate absence levels that may affect staffing numbers, competency, continuity of care or regulatory compliance. Cover arrangements must be implemented without delay where absence creates or may create a risk to safe service delivery.

5. Family-Related Leave

{{org_field_name}} supports employees in balancing work and family life and will administer family-related leave in line with current statutory requirements and contractual enhancement where applicable. Employees should refer to HR or management for the current qualifying conditions, notice requirements and pay rules for each type of leave.

Maternity Leave and Pay

Eligible employees are entitled to up to 52 weeks of Statutory Maternity Leave. Statutory Maternity Pay, Maternity Allowance, paid time off for antenatal care and any contractual enhancement will be provided in accordance with current legal requirements and organisational terms. Annual leave continues to accrue during maternity leave.

Paternity Leave and Pay

Eligible employees may take up to 2 weeks of Statutory Paternity Leave in accordance with current law. From 6 April 2026, eligibility for statutory paternity leave is a day-one employment right, subject to the required notice being given. Eligibility for Statutory Paternity Pay remains subject to the separate qualifying conditions in force at the relevant time.

Adoption Leave and Pay

Employees who qualify for adoption leave are entitled to statutory adoption leave and pay in accordance with current legislation. This includes relevant rights in domestic adoption, overseas adoption and certain surrogacy situations where the legal conditions are met.

Shared Parental Leave and Pay

Eligible employees may opt into Shared Parental Leave and Shared Parental Pay in accordance with current legislation, including where maternity or adoption leave is curtailed in line with statutory rules. Requests must be managed in accordance with the relevant notice and evidence requirements.

Unpaid Parental Leave

Eligible employees may take up to 18 weeks of unpaid parental leave for each child up to the child’s 18th birthday, subject to statutory limits on how leave may be taken and the required notice being given. From 6 April 2026, unpaid parental leave is a day-one employment right.

Neonatal Care Leave and Pay

Eligible employees may be entitled to statutory neonatal care leave and, where qualifying conditions are met, statutory neonatal care pay in respect of babies born on or after 6 April 2025. This right applies in England, Scotland and Wales and is additional to other statutory family leave rights, subject to the legal rules in force at the time.

Bereaved Partner’s Paternity Leave

Where the law provides, eligible employees may be entitled to bereaved partner’s paternity leave following the death of a child’s primary carer. From 6 April 2026 this is intended to operate as a day-one right, subject to the applicable statutory conditions and notice requirements.

Requests and Evidence

Employees must provide the required notice and supporting information for statutory family leave. Managers must respond promptly, keep records, and ensure that employees are not subjected to detriment for seeking to exercise statutory rights.

6. Compassionate Leave, Bereavement Leave and Emergency Time Off

{{org_field_name}} recognises that employees may need time away from work following bereavement, serious family illness, urgent caring responsibilities or other exceptional personal circumstances. Requests will be handled sensitively, consistently and with regard to both the employee’s needs and the safe operation of the service.

Compassionate Leave

Managers may authorise paid or unpaid compassionate leave in circumstances such as the serious illness of a close relative or dependant, emergency caring responsibilities, domestic crisis, significant personal trauma or other exceptional circumstances. The amount of leave granted will depend on the circumstances of the case, available evidence where appropriate, and the needs of the service.

Bereavement Leave (Organisational Provision)

Employees will normally be entitled to a minimum of 3 days’ paid bereavement leave following the death of an immediate family member. Managers may approve additional paid or unpaid leave depending on the relationship to the deceased, the employee’s caring responsibilities, funeral arrangements, travel requirements, cultural or religious needs, and the impact of the bereavement on the employee.

Statutory Parental Bereavement Leave and Pay

Eligible employees may be entitled to statutory parental bereavement leave and, where qualifying conditions are met, statutory parental bereavement pay if their child dies before the age of 18 or in cases of stillbirth after 24 weeks of pregnancy. Annual leave continues to accrue during statutory parental bereavement leave.

Emergency Time Off for Dependants

Employees are entitled to a reasonable amount of unpaid time off to deal with certain emergencies involving a dependant, including where a dependant falls ill, is injured, gives birth, dies, or where care arrangements unexpectedly break down. This right is separate from compassionate leave and statutory parental leave rights.

Managerial Recording

Managers must clearly record whether absence is being treated as compassionate leave, bereavement leave, emergency time off for dependants, parental bereavement leave, annual leave, sick leave or unpaid leave, to ensure accuracy of records and lawful treatment.

7. Carer’s Leave

Eligible employees may take up to one working week of unpaid carer’s leave in any rolling 12-month period to provide or arrange care for a dependant with a long-term care need, in accordance with current legislation.

Carer’s leave may be taken as a full week, individual days or half-days, subject to the statutory notice requirements. The organisation may postpone, but not refuse, a request for carer’s leave where the operation of the service would be seriously disrupted, and any postponement will be managed in accordance with legal requirements. Evidence of the dependant’s condition will not be required unless the law changes.

8. Discretionary Unpaid Leave

Employees may request discretionary unpaid leave for personal reasons that do not fall within another statutory or contractual leave entitlement. Requests must normally be made in writing with as much notice as reasonably practicable and should state the reason for the request and the dates sought.

Approval is at management discretion and will depend on the reason for the request, previous absence levels, service needs, safe staffing requirements, and the organisation’s ability to maintain continuity and quality of care. A decision to refuse or postpone discretionary unpaid leave must be reasonable and non-discriminatory.

This section does not limit any statutory entitlement to unpaid leave, including parental leave, carer’s leave or emergency time off for dependants.

9. Unauthorised Absence and Lateness

Regular attendance and punctuality are essential to safe care delivery, continuity of support and effective team working. Employees must attend work as rostered and comply with all reporting procedures for sickness, lateness and other absence.

Unauthorised Absence

Absence from work without permission or without following the required reporting procedure may be treated as unauthorised absence. Managers must make reasonable efforts to establish the reason for the absence and consider any welfare, safeguarding, mental health, domestic abuse or other urgent concerns before deciding on next steps.

Lateness

Employees must arrive on time and be fit to start work at the beginning of their shift. Repeated lateness will be monitored and may result in informal management action or formal action where appropriate.

Failure to Follow Procedure

Failure to comply with absence reporting requirements, failure to provide certification when required, false reporting of sickness, or repeated unauthorised absence may result in disciplinary action in accordance with the Disciplinary and Grievance Policy.

Immediate Service Response

Where lateness, failure to attend or unauthorised absence may affect staffing numbers or continuity of care, managers must immediately implement cover arrangements and escalate concerns in line with service contingency arrangements.

10. Monitoring, Records and Regulatory Compliance

{{org_field_name}} will keep accurate and up-to-date records of staff leave, sickness absence, return-to-work discussions, medical evidence, reasonable adjustments, attendance concerns, disciplinary action connected to attendance, and actions taken to maintain safe staffing.

Managers are responsible for monitoring absence levels, identifying patterns and trends, responding appropriately, and ensuring that staffing levels and skill mix remain sufficient to meet people’s needs safely. In accordance with Welsh regulated-service requirements, arrangements must be in place to cover staff sickness or absence and to minimise disruption to people using the service.

Absence information must be included, where relevant, in workforce monitoring, quality assurance, supervision, training analysis, continuity planning and responsible individual oversight. Staff sickness levels are one of the matters the responsible individual is expected to consider when reviewing the adequacy of resources and oversight of the service.

Where absence levels, management gaps or staffing pressures create or may create a risk to safe service provision, the matter must be escalated promptly through management and governance arrangements. If events occur that prevent, or could prevent, the service from continuing to be provided safely, consideration must be given to whether notification to CIW is required under the Regulations.

The organisation will also ensure that attendance management is operated in line with Social Care Wales Codes of Professional Practice and other applicable professional or regulatory requirements. Updated Social Care Wales codes apply from 1 July 2026.

11. Related Policies

This policy should be read in conjunction with:

12. Policy Review

This policy will be reviewed at least annually and sooner where there is a change in legislation, Welsh Government statutory guidance, CIW requirements, Social Care Wales Codes of Professional Practice, case law, or organisational learning arising from absence trends, complaints, whistleblowing, safeguarding concerns, workforce issues or inspection findings.

All revisions will be communicated to staff through policy briefings, supervision, team meetings and training as appropriate. Managers must ensure that staff understand any revised reporting, leave or attendance requirements.

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.

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