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DC142-Employee Statutory Leave and Time Off Policy

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Registration Number: {{org_field_registration_no}}

Employee Statutory Leave and Time Off Policy

1. Purpose

The purpose of this policy is to outline {{org_field_name}}’s approach to statutory leave and time off entitlements for employees. We are committed to ensuring all staff have access to their legal entitlements in line with UK employment law, fostering a supportive, fair, and compliant work environment while maintaining high-quality care for our service users.

This policy ensures that all leave requests are handled efficiently and transparently, balancing the needs of both employees and the organisation.

2. Scope

This policy applies to all employees of {{org_field_name}}. Certain provisions may also apply, where relevant and where required by law or contractual terms, to workers, bank staff, relief staff and agency personnel. Entitlements vary depending on employment status, length of service where applicable, earnings, notice requirements and statutory eligibility criteria. Managers must check the individual’s employment status and the relevant statutory rules before confirming entitlement.

It covers:

3. Legal and Regulatory Framework

This policy is informed by, and should be read alongside, the following legislation and regulatory requirements, as amended from time to time:

4. Annual Leave Entitlements

4.1 Statutory entitlement

All eligible workers are entitled to a minimum of 5.6 weeks’ paid annual leave each leave year. For a full-time employee working five days per week, this is normally 28 days, and bank holidays may be included within that entitlement. Part-time employees are entitled to annual leave on a pro-rata basis. For irregular-hours and part-year workers, statutory holiday entitlement will be calculated in accordance with the applicable legal rules for the relevant leave year.

4.2 Accrual during leave

Employees continue to accrue statutory holiday during periods of statutory family leave and during sickness absence in accordance with legal requirements.

4.3 Booking annual leave

Employees must request annual leave in advance and managers must consider:

Annual leave will normally be approved on a fair and consistent basis, taking account of service demands and previous leave allocation.

4.4 Carry forward of leave

Statutory annual leave should normally be taken within the relevant leave year. However, carry forward will be permitted where required by law, including where annual leave could not reasonably be taken due to sickness absence, maternity leave or other family-related statutory leave, or where the organisation has failed to provide a reasonable opportunity to take leave and warned that untaken leave may be lost. Any carry forward must be taken within the required legal timeframe.

4.5 Payment in lieu

Payment in lieu of statutory annual leave will not be made except on termination of employment, where outstanding accrued holiday will be calculated and paid in accordance with the law.

5. Sick Leave and Statutory Sick Pay (SSP)

5.1 Notification of sickness absence

Employees who are unfit for work must notify their line manager as soon as reasonably practicable and in accordance with the organisation’s absence reporting procedure. The employee should state, where possible, the reason for the absence and the expected duration.

5.2 Certification

For sickness absence of 7 calendar days or fewer, employees must complete self-certification. For absence of more than 7 calendar days, employees must provide a fit note or other acceptable medical evidence in line with statutory requirements.

5.3 Statutory Sick Pay

Eligible employees will receive Statutory Sick Pay (SSP) in accordance with the law and the prevailing statutory rate. From 6 April 2026, SSP is payable from the first full day of sickness absence for eligible employees, without the previous three-day waiting period, and the previous lower earnings threshold no longer applies. Payroll will calculate SSP in line with current legal requirements and HMRC guidance.

5.4 Company sick pay

Where the organisation offers contractual or occupational sick pay, this will be set out separately in employees’ contracts or in a separate sickness absence policy. Contractual sick pay will not reduce any statutory entitlement unless expressly permitted by law.

5.5 Keeping in touch and review

During any ongoing sickness absence, the manager will maintain appropriate contact with the employee, balancing welfare, confidentiality and operational needs. The organisation may require welfare meetings, risk assessment review, occupational health input and return-to-work planning where appropriate.

5.6 Return to work

A return-to-work discussion will normally take place following sickness absence to confirm fitness for duties, identify any workplace support, consider any reasonable adjustments and reduce the risk of recurrence.

5.7 Equality and reasonable adjustments

Where sickness absence is connected to disability, pregnancy, menopause, mental health, or another protected characteristic, managers must consider obligations under the Equality Act 2010, including whether reasonable adjustments are required.

6. Family-Related Leave

6.1 Maternity Leave and Pay

Eligible employees are entitled to up to 52 weeks’ maternity leave, consisting of 26 weeks’ Ordinary Maternity Leave and 26 weeks’ Additional Maternity Leave. Statutory Maternity Pay will be paid to eligible employees in accordance with the prevailing statutory rules and rates.

6.2 Adoption Leave and Pay

Eligible employees may take statutory adoption leave and receive statutory adoption pay in accordance with current legal requirements. Adoption leave rights will be applied in line with the relevant statutory scheme, including where applicable in surrogacy arrangements.

6.3 Paternity Leave and Pay

Eligible employees may take up to 2 weeks’ paternity leave in connection with birth, adoption or eligible surrogacy arrangements. From 6 April 2026, employees may give notice to take paternity leave from their first day of employment, subject to the applicable notice rules. Eligibility for Statutory Paternity Pay remains subject to the relevant statutory pay criteria.

6.4 Shared Parental Leave and Pay

Eligible parents may choose to share leave and pay in accordance with the statutory Shared Parental Leave scheme. Requests should be made in writing and will be administered in line with the statutory notice and evidence requirements.

6.5 Unpaid Parental Leave

Eligible employees may take up to 18 weeks of unpaid parental leave per child before the child’s 18th birthday, subject to the statutory scheme. From 6 April 2026, this is a day-one employment right, subject to the applicable notice rules.

6.6 Neonatal Care Leave and Pay

Where a newborn baby requires neonatal care and the statutory eligibility criteria are met, eligible employees may take Neonatal Care Leave and, where qualified, receive Statutory Neonatal Care Pay. This entitlement is in addition to other parental leave rights and should be administered in accordance with current legislation and government guidance.

6.7 Employment protection during family-related leave

During statutory family-related leave, employees’ statutory employment rights are protected, including rights relating to accrued holiday, return to work and protection from detriment or dismissal for exercising qualifying rights.

7. Compassionate Leave and Bereavement Leave

7.1 Compassionate leave

The organisation recognises that employees may need time away from work because of serious family circumstances, bereavement or distressing personal events. Managers may approve compassionate leave on a paid or unpaid basis, depending on the circumstances, operational needs and any applicable contractual arrangements. Compassionate leave under this section is separate from any specific statutory leave entitlement.

7.2 Time off for dependants following a death or emergency

Employees may be entitled to a reasonable amount of unpaid time off to take necessary action in consequence of the death of a dependant or another qualifying emergency involving a dependant, in accordance with statutory rights.

7.3 Parental Bereavement Leave and Pay

Where a child dies before the age of 18, or there is a stillbirth after 24 weeks of pregnancy, eligible employees may be entitled to Parental Bereavement Leave and, where they meet the qualifying conditions, Statutory Parental Bereavement Pay, in accordance with the current statutory scheme.

7.4 Pregnancy loss and related leave

Where pregnancy loss occurs, the organisation will respond with sensitivity and will advise the employee of any statutory entitlement that applies, including maternity-related rights following stillbirth after 24 weeks and any parental bereavement rights where applicable. Managers must avoid applying this section rigidly and should seek HR advice in complex cases.

7.5 Manager discretion and support

Managers should consider compassionate leave requests consistently, fairly and sensitively, and should signpost employees to any available wellbeing, employee assistance, occupational health or HR support.

8. Public Holidays and Time Off for Dependants

9. Flexible Working, Carer’s Leave and Unpaid Leave Requests

9.1 Flexible working

All employees have the legal right to request flexible working from their first day of employment. Requests may relate to working hours, working patterns, working days, start and finish times or work location. Requests will be considered reasonably, in line with statutory requirements and operational needs, and may only be refused for a lawful business reason.

In considering a request, the organisation will take account of:

9.2 Carer’s leave

Employees are entitled to up to one week of unpaid carer’s leave in every rolling 12-month period to provide or arrange care for a dependant with a long-term care need, in accordance with the statutory scheme. This is a day-one right. Employees do not need to provide evidence of the dependant’s condition in order to take this leave. The organisation may postpone, but not refuse, a request where the absence would cause serious operational disruption, and any postponement will be handled in accordance with statutory requirements.

9.3 Other unpaid leave

Requests for other unpaid leave may be considered on a discretionary, case-by-case basis, taking account of the employee’s circumstances, service demands, staffing levels and any previous leave taken.

9.4 Equality and non-discrimination

Requests under this section must be handled fairly and consistently and with regard to the Equality Act 2010, including any duty to make reasonable adjustments.

10. Managing Leave Requests Efficiently

To maintain fairness and operational efficiency, {{org_field_name}}:

Monitors patterns of sickness, annual leave, emergency leave and other absence in order to identify risks to safe care delivery, workforce wellbeing, rota resilience and service continuity, and takes action where trends indicate a risk to compliance, quality or staffing sufficiency.

11. Employee Responsibilities

Employees are responsible for:

12. Compliance Monitoring and Continuous Improvement

{{org_field_name}} ensures compliance by:

13. Equality, Confidentiality and Record Keeping

All leave requests, sickness information and supporting documents will be handled sensitively and confidentially and in accordance with UK GDPR, the Data Protection Act 2018 and the organisation’s confidentiality and records management arrangements. Access to medical or sensitive personal information will be limited to those who need it for legitimate employment, payroll, health and safety or operational reasons.

The organisation will not unlawfully discriminate in the application of this policy. Managers must consider whether any request or absence relates to disability, pregnancy, maternity, menopause, religion, sex, caring responsibilities or any other protected characteristic, and must seek advice where needed before making a decision.

Records under this policy must be complete, accurate and securely retained in line with legal, payroll, employment and regulatory requirements.

14. Policy Review and Updates

This policy will be reviewed at least annually and sooner where required by:

changes to the organisation’s service model, staffing structure or payroll processes.

changes in legislation, statutory rates or government guidance;

changes to CQC regulations, guidance or assessment expectations;

findings from audits, incidents, complaints or workforce reviews;

feedback from staff, managers or HR;

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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