DCW142-Employee Statutory Leave and Time Off Policy
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{{org_field_name}}
Registration Number: {{org_field_registration_no}}
Employee Statutory Leave and Time Off Policy
1. Purpose
The purpose of this policy is to provide clear guidance on statutory leave entitlements and time off provisions for employees of {{org_field_name}}. This ensures compliance with the Employment Rights Act 1996, the Working Time Regulations 1998, the Equality Act 2010, and Care Inspectorate Wales (CIW) regulations.
As a domiciliary care provider, {{org_field_name}} understands the importance of work-life balance while maintaining high-quality care services. This policy sets out statutory leave and time off entitlements applicable in Wales and explains how leave will be requested, recorded and managed in a way that supports compliance with employment law and with the provider’s obligations under the Regulation and Inspection of Social Care (Wales) Act 2016, the Regulated Services (Service Providers and Responsible Individuals) (Wales) Regulations 2017 (as amended), and the Welsh Government’s statutory guidance for care home and domiciliary support services (Version 3, March 2024), including safe staffing, continuity of care and effective rota planning.
2. Scope
This policy applies primarily to employees of {{org_field_name}}.
Certain provisions may also apply to workers, bank staff or agency workers where required by law, by assignment terms, or by contractual arrangement, but statutory entitlements vary depending on employment status.
Managers and HR personnel are responsible for ensuring that leave requests are considered consistently, lawfully and with due regard to continuity of care, staffing levels, travel time, visit schedules and service user safety in a domiciliary support setting.
Where an individual engaged by the organisation is not an employee, the organisation will confirm in writing which rights and procedures apply to that individual.
This policy ensures that all employees receive their full legal entitlements while ensuring the continuity of service for our service users.
3. Annual Leave Entitlement and Management
3.1 Annual Leave Entitlement
Employees are entitled to:
- A minimum of 5.6 weeks’ paid leave per year (28 days for full-time employees, including bank holidays), as per the Working Time Regulations 1998.
- Part-time employees receive a pro-rata entitlement based on their working hours.
- Bank holidays may be included as part of statutory leave entitlement, depending on contract terms.
Holiday during periods of maternity leave, adoption leave, paternity leave, shared parental leave, neonatal care leave and parental bereavement leave will continue to accrue in accordance with legal requirements.
3.2 Managing Annual Leave Efficiently
To ensure fair allocation of leave while maintaining adequate staffing levels, {{org_field_name}} manages annual leave by:
- Requiring a minimum of 4 weeks’ notice for planned leave to allow for staff rota adjustments.
- Limiting the number of employees on leave at the same time, particularly during peak holiday seasons.
- Encouraging staff to take leave evenly throughout the year to prevent service disruption.
- Untaken annual leave will normally be taken within the relevant leave year. However, statutory carry-over rights will be honoured where required by law, including where leave could not be taken due to sickness absence, statutory family leave, or where the organisation has not given the worker a reasonable opportunity to take leave and warned them that it may be lost at the end of the leave year.
4. Sick Leave and Sickness Absence Management
4.1 Statutory Sick Pay (SSP) Entitlement
Employees who meet the statutory qualifying conditions may be eligible for Statutory Sick Pay (SSP).
From 6 April 2026, SSP is payable from the first full day of sickness absence. The previous waiting-day rules no longer apply.
From 6 April 2026, the weekly SSP rate is £123.25 or 80% of the employee’s average weekly earnings, whichever is lower.
SSP may be payable for up to 28 weeks, subject to the statutory rules.
Employees who are absent for 7 calendar days or less may self-certify. For longer absences, the organisation may require a fit note or other acceptable medical evidence in line with current statutory guidance.
The organisation reserves the right to request reasonable evidence of incapacity and to maintain appropriate sickness reporting procedures consistent with employment law.
4.2 Managing Sickness Absence Efficiently
To balance staff well-being and operational needs, {{org_field_name}}:
- Requires employees to notify their manager as soon as possible if they are unwell.
- Conducts return-to-work interviews after any period of sickness to assess support needs.
- Monitors absence patterns to identify repeated short-term sickness and provide support where necessary.
- Provides occupational health referrals for long-term sickness cases to help employees return to work safely.
- Allows reasonable adjustments, such as flexible working or phased returns, for employees with long-term health conditions or disabilities.
5. Maternity, Paternity, and Parental Leave
5.1 Maternity Leave
Eligible employees are entitled to:
- 52 weeks’ maternity leave (26 weeks Ordinary Maternity Leave + 26 weeks Additional Maternity Leave).
Statutory Maternity Pay (SMP), where eligible, is paid for up to 39 weeks as follows:
- first 6 weeks: 90% of average weekly earnings;
- remaining 33 weeks: £194.32 per week or 90% of average weekly earnings, whichever is lower.
Rates will be updated in line with annual government changes.
Employees must notify their manager at least 15 weeks before the baby’s due date. Employees must also notify the organisation of the intended start date of maternity leave in accordance with statutory notice requirements, and the organisation may ask for proof of pregnancy such as a MATB1 certificate.
5.2 Paternity Leave
Eligible employees may take up to 2 weeks’ Statutory Paternity Leave following the birth or placement of a child. The leave may be taken as:
- one block of 1 week; or
- 2 separate blocks of 1 week each.
Statutory Paternity Leave is a day one employment right, subject to the employee giving the required notice.
Statutory Paternity Pay (SPP), where eligible, is payable at £194.32 per week or 90% of average weekly earnings, whichever is lower. Eligibility for statutory pay remains subject to the relevant statutory qualifying conditions, including the service requirement for pay.
Employees must provide notice in accordance with the current statutory rules, including notice of the expected week of childbirth or placement and the intended dates of leave.
5.3 Shared Parental Leave (SPL)
Where eligible, parents may share up to 50 weeks of leave and up to 37 weeks of statutory shared parental pay after curtailing maternity or adoption leave and pay. Statutory Shared Parental Pay is payable at £194.32 per week or 90% of average weekly earnings, whichever is lower. Employees must comply with the statutory notice and evidence requirements. Requests will be managed fairly and in a way that supports continuity of care and service planning.
5.4 Unpaid Parental Leave
Employees who have or expect to have parental responsibility for a child are entitled to unpaid parental leave in accordance with the statutory scheme. From 6 April 2026, unpaid parental leave is a day one right, subject to the employee giving the required notice.
The statutory entitlement is up to 18 weeks’ unpaid leave for each child, normally to be taken in blocks of one week, unless the law provides otherwise. The organisation may postpone a request only where the law permits. Managers must consider such requests reasonably and record the decision in writing.
5.5 Adoption Leave and Pay
Employees who adopt a child, or who qualify through a surrogacy arrangement, may be entitled to Statutory Adoption Leave and Statutory Adoption Pay in accordance with current legislation.
Statutory Adoption Leave is up to 52 weeks.
Statutory Adoption Pay, where eligible, is paid for up to 39 weeks as follows:
- first 6 weeks: 90% of average weekly earnings;
- remaining 33 weeks: £194.32 per week or 90% of average weekly earnings, whichever is lower.
Employees must comply with the statutory notification and evidence requirements. Managers must consider adoption-related leave requests sensitively and ensure that service continuity arrangements are planned in advance.
5.6 Neonatal Care Leave and Pay
Employees may be entitled to Neonatal Care Leave and, where eligible, Statutory Neonatal Care Pay if their baby requires neonatal care in accordance with current legislation. This right applies in England, Scotland and Wales for babies born on or after 6 April 2025.
Eligible employees may take up to 12 weeks of Neonatal Care Leave, depending on the length of the qualifying neonatal care period and subject to the statutory conditions and notice requirements.
Statutory Neonatal Care Pay, where eligible, is payable at £194.32 per week or 90% of average weekly earnings, whichever is lower.
The organisation will deal with neonatal-related leave requests sensitively, ensure payroll is updated correctly, and plan cover in a way that maintains safe continuity of care.
6. Emergency Time Off for Dependants
Employees are entitled to a reasonable amount of unpaid time off to take necessary action in relation to a dependant in circumstances permitted by law, including where a dependant falls ill, is injured or assaulted, gives birth, dies, or where care arrangements break down unexpectedly.
This right is intended to deal with unforeseen emergencies and to allow employees to make immediate arrangements. There is no fixed statutory amount of time off; what is reasonable will depend on the circumstances. Where a longer period away from work is needed, employees may discuss alternatives such as annual leave, carer’s leave, parental leave or other approved leave.
Employees must notify their manager as soon as reasonably practicable of the reason for the absence and, where possible, how long they expect to be away from work.
6.1 Unpaid Carer’s Leave
Employees are entitled to unpaid carer’s leave in accordance with statutory requirements in order to provide or arrange care for a dependant with a long-term care need.
The statutory entitlement is up to one working week of unpaid leave in any rolling 12-month period. Leave may be taken in half days, full days, or a block of up to one week, subject to statutory notice requirements.
The organisation may postpone a period of carer’s leave where the law permits, but will not unreasonably refuse or delay requests. Managers must consider requests fairly, record the decision, and balance operational needs with the employee’s statutory rights.
6.2 Time Off for Antenatal and Adoption Appointments
Pregnant employees are entitled to paid time off during working hours for antenatal care appointments made on the advice of a registered medical practitioner, registered midwife or registered nurse.
Eligible employees or qualifying partners may also have rights to unpaid time off to accompany a pregnant woman to antenatal appointments, subject to statutory limits.
Employees qualifying for adoption leave may also be entitled to paid or unpaid time off for adoption appointments in accordance with current legislation.
Employees should provide as much notice as possible and, where permitted by law, may be asked to provide evidence of the appointment.
7. Bereavement and Compassionate Leave
7.1 Parental Bereavement Leave
Employees who lose a child under the age of 18, or suffer a stillbirth after 24 weeks of pregnancy, are entitled to Statutory Parental Bereavement Leave in accordance with current legislation.
Eligible employees are entitled to up to 2 weeks’ leave. Statutory Parental Bereavement Pay, where eligible, is payable at £194.32 per week or 90% of average weekly earnings, whichever is lower.
The organisation will handle all bereavement-related requests sensitively and may, at its discretion, agree additional compassionate leave or other support.
7.2 Compassionate Leave
In addition to any statutory entitlement, the organisation may grant discretionary compassionate leave following the death or serious illness of a close family member or other exceptional personal circumstances. Normally, up to 5 working days’ paid leave may be granted, with any further leave considered on a case-by-case basis. This is a discretionary contractual benefit and does not form part of the statutory minimum entitlement.
8. Unpaid Leave and Career Breaks
Employees may request unpaid leave for personal reasons, subject to management approval.
- Extended career breaks of up to 12 months may be considered for employees with at least two years of service.
- All unpaid leave requests are reviewed based on service needs and fairness to all staff.
8.1 Time Off for Public Duties and Jury Service
Employees are entitled to time off for jury service and may be entitled to reasonable unpaid time off for certain public duties in accordance with the Employment Rights Act 1996 and related legislation.
Employees must notify the organisation as soon as possible and provide copies of any relevant summons, appointment letter or other supporting documentation.
Payment during such absences will be in accordance with the employee’s contract or any separate organisational policy, unless a statutory right requires otherwise.
9. Managing Leave Efficiently in a Domiciliary Care Setting
{{org_field_name}} will manage leave in a way that supports both employees’ statutory rights and the provider’s obligations to maintain safe, reliable and person-centred domiciliary support services.
In approving and planning leave, the organisation will:
- maintain sufficient staffing levels and skill mix to meet assessed service user needs;
- preserve continuity of care wherever reasonably practicable;
- ensure rotas, visit schedules and travel time arrangements remain safe, realistic and lawful;
- plan cover in advance through permanent staff, bank staff or agency workers who are appropriately checked, inducted and competent;
- communicate changes appropriately to service users where their care arrangements are affected; and
- keep records demonstrating that leave arrangements have been managed fairly and without compromising service delivery.
Leave requests may be reasonably managed, staggered or, where justified, deferred in order to maintain safe service provision, but statutory entitlements will not be unlawfully refused.
10. Employee Responsibilities
Employees must:
- Submit leave requests in writing with as much notice as possible.
- Adhere to notification procedures for sickness and emergency leave.
- Communicate openly with managers about leave needs while considering service users’ needs.
- provide notice and supporting information for statutory leave requests in line with the relevant legal requirements and internal procedures.
- keep managers informed where the likely duration of absence changes, particularly where the absence affects scheduled domiciliary visits, lone working arrangements, medication calls, or continuity of support for named service users.
11. Related Policies
This policy should be read in conjunction with:
- Staff Leave and Absence Policy
- Health and Safety at Work Policy
- Maternity and Parental Leave Policy
- Workforce Planning and Succession Strategy
- Equality, Diversity and Human Rights Policy
- Flexible Working Policy
- Sickness Absence Policy
- Pregnancy and Maternity Risk Assessment Procedure
- Workforce Planning and Rota Management Policy
- Business Continuity Policy
- Disciplinary Policy
- Whistleblowing Policy
12. Policy Review
This policy will be reviewed at least annually and sooner where there is any change in legislation, statutory payment rates, Welsh Government guidance, CIW expectations, case law, payroll rules or operational requirements affecting domiciliary support services in Wales.
Where this policy refers to statutory rates or statutory notice periods, those figures and requirements will be read as automatically updated in line with current legislation and official government guidance, even if the policy text has not yet been reissued.
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}}
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