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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 outline the statutory entitlements to leave and time off for all employees of {{org_field_name}} and to detail how these are managed in compliance with UK employment law and the Regulation and Inspection of Social Care (Wales) Act 2016. Our policy supports a healthy work-life balance, promotes the wellbeing of our staff, and ensures continuity of care for the individuals who use our service.

This policy demonstrates to Care Inspectorate Wales (CIW) and to staff how we proactively manage staffing levels, legal obligations, and employee rights in a fair, consistent, and transparent manner. It supports the delivery of safe, effective care by ensuring staff are appropriately rested, supported, and protected from burnout.

2. Scope

This policy applies to all staff employed by {{org_field_name}}, including full-time, part-time, bank, temporary, and fixed-term employees. It includes statutory entitlements as well as guidance on how requests for leave are managed operationally. Volunteers and contractors are not covered under this policy, though arrangements for their attendance and absence are managed separately.

3. Related Policies

This policy should be read alongside:

• CHW27 – Staff Supervision, Training, and Development Policy
• CHW28 – Staff Conduct and Code of Ethics Policy
• CHW30 – Equality, Diversity, and Inclusion Policy
• CHW31 – Disciplinary and Grievance Policy
• CHW33 – Staff Leave and Absence Policy
• CHW04 – Good Governance Policy
• CHW16 – Health and Safety at Work Policy

4. Policy Statement and Implementation

4.1 Annual Leave (Holiday Entitlement)

All employees are entitled to paid annual leave in accordance with the Working Time Regulations 1998, as amended. The statutory minimum entitlement is 5.6 weeks’ paid annual leave in each leave year, calculated on a pro-rata basis where appropriate. Public and bank holidays may be included within the statutory entitlement where this is provided for in the employee’s contract of employment.

Annual leave entitlement and holiday pay will be calculated in accordance with the statutory rules applicable to the employee’s working arrangements. Where an employee or worker meets the statutory definition of an irregular-hours worker or part-year worker, statutory annual leave will be calculated and accrued using the method required by the Working Time Regulations 1998, as amended.

At {{org_field_name}}, annual leave is:

• Recorded through the organisation’s approved electronic or HR recording system.
• Requested in advance, normally with at least four weeks’ notice where reasonably practicable.
• Considered fairly and consistently, taking account of safe staffing requirements and the needs of the service.
• Managed so far as reasonably practicable to enable employees to take their statutory annual leave during the relevant leave year.
• Monitored to ensure employees are given a reasonable opportunity and are encouraged to take their statutory leave before the end of the leave year.
• Carried forward where required by law.

Statutory annual leave must be permitted to carry forward where legislation requires this. This includes circumstances in which an employee or worker has been unable to take statutory annual leave because of statutory family-related leave or sickness absence, subject to the applicable statutory limits. Statutory leave must also be carried forward where the employer has failed to give the worker a reasonable opportunity to take the leave, failed to encourage them to take it, or failed to inform them that untaken statutory leave would otherwise be lost at the end of the leave year.

Any contractual annual leave above the statutory minimum will be carried forward only where permitted by the employee’s contract or another applicable organisational policy.

Employees must submit annual leave requests to their line manager in accordance with local arrangements. The line manager will consider each request against the employee’s entitlement, other approved leave and the requirement to maintain safe staffing levels.

Where a particular request cannot be approved because granting it would compromise safe service delivery, the manager will discuss alternative dates with the employee. Refusal of a particular requested period does not remove the employee’s statutory right to take their annual leave entitlement.

The Registered Manager will maintain oversight of annual leave arrangements to ensure that leave is managed fairly and that sufficient suitably qualified, skilled, competent and experienced staff remain available to meet the needs of individuals using the service.

4.2 Sick Leave and Time Off for Illness

Employees who are unable to attend work because of sickness or injury must notify their line manager or other designated contact in accordance with the organisation’s sickness reporting procedure and, wherever reasonably practicable, before the start of their scheduled shift. Employees should provide as much notice as reasonably possible so that appropriate staffing arrangements can be made without compromising the continuity or safety of care.

Sickness absence is managed in conjunction with CHW33 – Staff Leave and Absence Policy.

Eligible employees are entitled to Statutory Sick Pay in accordance with the legislation in force at the time of the absence.

For sickness absences falling under the statutory rules in force from 6 April 2026:

• Statutory Sick Pay is payable from the first full qualifying day of sickness absence; there are no statutory waiting days.
• Eligibility is no longer dependent upon the employee meeting a Lower Earnings Limit.
• Statutory Sick Pay is calculated at the statutory rate in force at the relevant time, subject to the statutory calculation rules.
• Statutory Sick Pay may normally be payable for up to 28 weeks, subject to the employee satisfying all other statutory conditions.

Any Occupational Sick Pay provided by {{org_field_name}} is separate from Statutory Sick Pay and will be paid only where provided for in the employee’s contract of employment or another applicable organisational policy.

An employee may self-certify sickness absence for the period permitted by law. Where sickness absence lasts for more than seven consecutive calendar days, the employee must provide a fit note or other evidence permitted under the applicable statutory requirements.

Return-to-work discussions will be completed as appropriate following sickness absence. Where necessary, {{org_field_name}} may seek occupational health advice or consider other appropriate support.

Where an employee has a disability or health condition that may engage the Equality Act 2010, the organisation will consider its duty to make reasonable adjustments and will not apply absence-management arrangements in a manner that amounts to unlawful discrimination.

The Registered Manager will ensure that sickness absence is monitored alongside staffing levels and skill mix so that adequate staffing arrangements are maintained. Arrangements will be made to cover staff sickness or absence so that individuals continue to receive safe care and support and continuity of care is maintained.

4.3 Maternity, Paternity, Adoption, Shared Parental, Parental and Neonatal Care Leave

{{org_field_name}} will provide statutory family-related leave and pay in accordance with the legislation in force at the relevant time. Eligibility for a period of statutory leave does not necessarily mean that an employee also qualifies for statutory pay, as separate eligibility conditions may apply to statutory payments.

Maternity Leave and Statutory Maternity Pay

Eligible employees are entitled to up to 52 weeks of Statutory Maternity Leave, comprising:

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

Where the statutory eligibility conditions are satisfied, Statutory Maternity Pay may be payable for up to 39 weeks at the applicable statutory rates.

Employees must notify {{org_field_name}} of their pregnancy, expected week of childbirth and intended maternity-leave start date within the statutory notification timescale, or as soon as reasonably practicable where it was not reasonably practicable to provide notice within that period.

A pregnant employee must take the compulsory maternity-leave period required by law following the birth.

Paternity Leave and Statutory Paternity Pay

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

An eligible employee may take:

• one week of Paternity Leave; or
• two weeks of Paternity Leave.

Where two weeks are taken, they may be taken consecutively or as two separate blocks of one week.

Paternity Leave must be taken within the statutory period following the birth or placement of the child. The statutory rules allow qualifying Paternity Leave to be taken within 52 weeks of the birth or relevant placement.

Paternity Leave may be taken after a period of Shared Parental Leave where the statutory conditions are met.

Eligibility for Statutory Paternity Pay is separate from eligibility for Paternity Leave and remains subject to the applicable statutory service, earnings and notification requirements.

Employees must give the statutory notice required for Paternity Leave and Pay. For birth cases, employees must normally notify the employer of the expected week of childbirth within the statutory timescale and provide the required notice of when they wish their Paternity Leave to begin.

Adoption Leave and Statutory Adoption Pay

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

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

Only one member of an adopting couple may take Statutory Adoption Leave for the same placement. The other eligible parent may instead qualify for another form of family leave, including Paternity Leave.

Statutory Adoption Leave is a day-one employment right for employees who satisfy the applicable statutory conditions.

Eligibility for Statutory Adoption Pay is separate from the entitlement to Adoption Leave and is subject to the statutory qualifying requirements in force at the relevant time.

Employees must provide the notice and evidence required by the applicable adoption or surrogacy provisions.

Shared Parental Leave and Statutory Shared Parental Pay

Eligible parents may convert the untaken balance of Maternity or Adoption Leave into Shared Parental Leave in accordance with statutory requirements.

Eligible parents may share:

• up to 50 weeks of Shared Parental Leave; and
• up to 37 weeks of Statutory Shared Parental Pay,

depending upon the amount of Maternity or Adoption Leave and statutory pay already taken.

Shared Parental Leave must be taken within the statutory period following the birth or placement of the child and may, subject to the statutory provisions, be taken in blocks.

The statutory eligibility and notification requirements must be satisfied before Shared Parental Leave or Statutory Shared Parental Pay is granted.

Unpaid Parental Leave

Unpaid Parental Leave is a day-one employment right for eligible employees.

An eligible employee is entitled to up to 18 weeks of unpaid Parental Leave for each child, to be used before the child reaches their 18th birthday.

Unless {{org_field_name}} agrees otherwise or an exception applies under legislation:

• no more than four weeks of Parental Leave may normally be taken for each child during a year; and
• Parental Leave must normally be taken in complete weeks.

Different arrangements apply where the statutory provisions permit leave to be taken in individual days, including where the child is disabled.

Employees must give the statutory notice required before taking Unpaid Parental Leave.

Neonatal Care Leave and Statutory Neonatal Care Pay

Eligible employees have a day-one right to Statutory Neonatal Care Leave where the applicable statutory conditions are met.

The entitlement applies where a baby:

• was born on or after 6 April 2025;
• entered qualifying neonatal care within the first 28 days after birth; and
• received at least seven consecutive full days of qualifying neonatal care.

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

Neonatal Care Leave is additional to other statutory family-related leave and must be taken within the statutory period, currently within 68 weeks of the child’s birth.

Where an employee is already taking Maternity Leave or Adoption Leave, Neonatal Care Leave must be taken in accordance with the statutory sequencing requirements.

Eligibility for Statutory Neonatal Care Pay is separate from eligibility for Neonatal Care Leave and is subject to the applicable statutory service, earnings and notification requirements.

Health and Safety During Pregnancy and Following Childbirth

Where {{org_field_name}} has been notified in writing that an employee is pregnant, has given birth within the previous six months or is breastfeeding, any workplace risk assessment must take account of relevant risks to the employee and their child.

Where a significant risk is identified, the organisation will take the measures required by health and safety legislation, including making reasonable changes to working conditions or hours where appropriate and considering suitable alternative work or suspension on the terms required by law where the risk cannot otherwise be adequately controlled.

4.4 Time Off for Dependants

Staff are entitled to take reasonable unpaid time off to deal with emergencies involving a dependant, such as:

• Illness or injury of a child, partner, or parent
• Breakdown of care arrangements
• A dependant giving birth or passing away

This time is not for planned childcare or appointments, and the amount of time off will be the minimum necessary to deal with the emergency. Managers may grant paid compassionate leave at their discretion for bereavement or exceptional circumstances.

4.5 Carer’s Leave

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

For the purposes of this entitlement, a dependant may include a spouse, civil partner, child, parent, a person living in the same household other than as a lodger or employee, or another person who reasonably relies upon the employee to provide or arrange care.

A person has a long-term care need where they:

• have an illness or injury, whether physical or mental, that requires or is likely to require care for more than three months;
• have a disability within the meaning of the Equality Act 2010; or
• require care for a reason connected with old age.

An eligible employee may take up to one normal working week of unpaid Carer’s Leave in any 12-month period.

Carer’s Leave may be taken as:

• a complete working week;
• individual working days; or
• half-days.

The entitlement is one working week in total during each 12-month period and is not multiplied according to the number of dependants for whom the employee provides care.

Where working hours vary from week to week, the amount of Carer’s Leave available will be calculated in accordance with the statutory method.

Employees must provide the statutory minimum notice:

• at least three days’ notice where the request is for one day or half a day; or
• for requests exceeding one day, notice of at least twice the length of the period of leave requested.

A request for statutory Carer’s Leave does not have to be made in writing and employees will not be required to provide evidence of the dependant’s care needs.

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

Where Carer’s Leave is postponed, {{org_field_name}} will:

• consult with the employee;
• agree an alternative date falling within one month of the date originally requested; and
• provide the employee with written confirmation of the reason for postponement and the alternative date within the statutory timescale.

4.6 Bereavement Leave

{{org_field_name}} recognises the importance of supporting employees following bereavement and will comply with all statutory bereavement-related leave entitlements.

Parental Bereavement Leave

An eligible employee has a day-one 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 that the statutory eligibility conditions are satisfied.

An eligible employee may take two weeks of Parental Bereavement Leave for each child who has died or been stillborn.

The employee may choose to take:

• two consecutive weeks;
• two separate periods of one week; or
• one week only.

Parental Bereavement Leave must be completed within 56 weeks of the date of the child’s death or stillbirth.

Eligibility for Statutory Parental Bereavement Pay is separate from eligibility for Parental Bereavement Leave and is subject to the statutory qualifying requirements in force at the relevant time.

Where an employee is taking another form of statutory family leave when the death or stillbirth occurs, Parental Bereavement Leave will be taken in accordance with the statutory sequencing rules.

Bereaved Partner’s Paternity Leave

Where the mother, main adopter or main intended parent of a child dies on or after 6 April 2026, an eligible employee who has main caring responsibility for the child may have a statutory day-one right to Bereaved Partner’s Paternity Leave.

This entitlement may apply where the death occurs:

• before the child’s first birthday; or
• during the first year following the relevant adoption placement or, for an overseas adoption, the child’s arrival in England, Scotland or Wales.

An eligible employee may take up to 52 weeks of Bereaved Partner’s Paternity Leave, depending upon the date on which the death occurs and the remaining period before the applicable first anniversary.

Bereaved Partner’s Paternity Leave is unpaid under the statutory scheme.

The leave must be taken as one continuous period and must finish by the applicable first anniversary of the child’s birth, placement or arrival.

The organisation will apply the statutory notification requirements sensitively. An employee will not be required to provide proof of the death where the legislation does not permit the employer to require such evidence.

Other Bereavement and Compassionate Leave

Where no statutory paid bereavement entitlement applies, {{org_field_name}} may provide compassionate leave in accordance with the employee’s contract, Staff Handbook or other applicable organisational arrangements.

Any discretionary compassionate leave does not reduce or replace an employee’s statutory entitlement to:

• Parental Bereavement Leave;
• Bereaved Partner’s Paternity Leave;
• reasonable time off for dependants where a dependant dies; or
• another applicable statutory form of leave.

Requests will be treated sensitively and confidentially.

4.7 Time Off for Medical, Antenatal and Adoption Appointments

Employees should, where reasonably practicable, arrange routine medical and dental appointments outside their scheduled working hours. This does not affect any statutory right to paid or unpaid time off for qualifying antenatal or adoption appointments.

Where a routine medical or dental appointment cannot reasonably be arranged outside working hours, time off may be dealt with in accordance with the employee’s contract or the organisation’s applicable leave arrangements. There is no general statutory right to paid time off for routine medical or dental appointments.

Antenatal Care for a Pregnant Employee

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

Antenatal care may include qualifying antenatal or parenting classes recommended by an appropriate healthcare professional.

Payment for statutory antenatal appointments will be at the employee’s normal rate of pay as required by law.

Except for the first appointment, {{org_field_name}} may ask the employee to provide evidence of the appointment and confirmation that it was made on the appropriate professional advice, where permitted by law.

Accompanying a Pregnant Person to Antenatal Appointments

An eligible employee who is the pregnant person’s spouse, civil partner, partner, father or parent of the expected child, or an intended parent in a qualifying surrogacy arrangement has a statutory right to unpaid time off to accompany the pregnant person to up to two antenatal appointments.

The statutory entitlement is limited to the maximum period permitted by legislation for each appointment.

{{org_field_name}} may request the statutory declaration or information permitted by law when considering such a request.

Adoption Appointments

An employee who is the primary adopter and is taking Statutory Adoption Leave is entitled to paid time off to attend up to five qualifying adoption appointments after being matched with a child, subject to the statutory conditions.

Where a couple is adopting jointly, the other adopter who does not elect to take the primary adopter’s entitlement may be entitled to unpaid time off to attend up to two qualifying adoption appointments.

The statutory limits on the duration of each adoption appointment will apply.

Employees must provide any evidence or declaration that the employer is legally entitled to request.

These statutory antenatal and adoption appointment rights will not be treated as annual leave and will not be refused solely because of ordinary staffing pressures.

4.8 Time Off for Public Duties and Jury Service

Employees are entitled to take reasonable unpaid time off to fulfil statutory obligations, including:

• Jury service
• Attendance at court as a witness
• Public duties (e.g. school governor, magistrate)

Evidence of the duty must be provided. Jury service will be supported in line with ACAS guidance, and staff will be supported in claiming loss of earnings where applicable.

4.9 Religious Holidays and Observance

In line with our Equality, Diversity and Inclusion Policy (CHW30), we support staff who wish to observe religious or cultural events not covered by statutory holidays. These may be taken as:

• Annual leave
• Unpaid leave
• Shift swaps with colleagues

Such requests should be made in advance and will be accommodated where operationally possible.

4.10 Managing Leave Efficiently

{{org_field_name}} ensures leave is managed efficiently and fairly by:

• Using a central leave tracker or rota planning system
• Requiring appropriate notice for planned absences
• Considering staffing levels to maintain safe care delivery
• Offering flexible arrangements where appropriate (e.g. split leave)
• Monitoring leave balances monthly through line managers and admin team

The Registered Manager monitors leave trends, sickness absence, and compliance to ensure the care home is adequately staffed at all times and that staff do not forfeit entitlements or accumulate excessive leave.

4.11 Training and Communication

All staff are made aware of their entitlements and responsibilities regarding leave during their induction. The Staff Handbook includes a summary of this policy. Line managers receive guidance on managing requests fairly and consistently. Updates to legislation or policy are communicated via email, noticeboards, and team meetings.

4.12 Ensuring CIW and Welsh Regulatory Compliance

This policy supports {{org_field_name}} in meeting its obligations under the Regulation and Inspection of Social Care (Wales) Act 2016 and the Regulated Services (Service Providers and Responsible Individuals) (Wales) Regulations 2017, as amended.

In relation to employee leave, sickness absence and staffing continuity, particular regard will be given to the following requirements:

• Regulation 22 – Continuity of care: the service provider must have arrangements in place to ensure that individuals receive such continuity of care as is reasonable to meet their care and support needs.
• Regulation 34 – Staffing: the service provider must ensure that at all times a sufficient number of suitably qualified, trained, skilled, competent and experienced staff are deployed, having regard to the Statement of Purpose, individuals’ care and support needs, their personal outcomes and the requirements of the Regulations.
• Regulation 34 – Staff absence arrangements: staffing and skill mix must be reviewed and adapted to changing circumstances, and arrangements must be in place to cover staff sickness and other absence so that care and support needs continue to be met.
• Regulation 72 – Arrangements when the manager is absent: the Responsible Individual must ensure that suitable arrangements are in place for effective management whenever the manager is absent. Where the manager is absent for more than 28 days, the notification and interim management requirements prescribed by the Regulations must be followed.
• Regulation 74 – Oversight of adequacy of resources: where applicable, the Responsible Individual must report to the service provider at least quarterly on whether adequate resources are available to provide the service. Monitoring for this purpose includes relevant workforce matters such as staff turnover and staff sickness levels.
• Regulation 79 – Policies and procedures: the Responsible Individual must put suitable arrangements in place to ensure that the service provider’s policies and procedures are kept up to date, having regard to the Statement of Purpose.

Leave will therefore not be managed solely as an employment-administration matter. Planned and unplanned absence will also be considered in the context of safe staffing, continuity of care and the ability of the service to meet individuals’ assessed care and support needs and personal outcomes.

The Registered Manager will ensure that:

• annual leave, sickness absence and other staff absences are recorded accurately;
• planned leave is considered against current staffing numbers, skill mix, dependency levels and the needs of individuals using the service;
• appropriate contingency arrangements are available for sickness, emergency leave and other unplanned absence;
• staff absence does not result in unsafe staffing arrangements or inappropriate deployment of staff;
• replacement, bank or agency staff used to cover absence are appropriately qualified, skilled, competent and familiar with the needs of the individuals they support;
• significant staffing shortages or patterns of absence are escalated through the organisation’s governance arrangements;
• where the Registered Manager is absent, appropriate management cover is arranged and the Responsible Individual is informed where required;
• absence and staffing information is made available to the Responsible Individual to support oversight of the adequacy of resources; and
• relevant records can be made available to Care Inspectorate Wales where lawfully required for regulatory purposes.

The Responsible Individual will maintain oversight of staffing resources in accordance with the Regulations and will consider staff sickness levels, turnover and other factors affecting staff availability when determining whether the service has adequate resources.

Where staff absence or a staffing shortage creates, or could create, a risk that the service cannot safely meet individuals’ care and support needs, the Registered Manager will take immediate action to secure appropriate cover, review deployment and escalate the matter through the organisation’s governance arrangements.

Records relating to leave and absence will be maintained securely and in accordance with applicable employment, confidentiality and data protection requirements.

5. Policy Review

This policy will be reviewed annually or earlier if required due to changes in legislation, organisational need, or guidance from CIW. The next scheduled review will take place 12 months from the most recent version.

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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.