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SL33-Staff Leave and Absence Policy

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Staff Leave and Absence Policy

1. Introduction

At {{org_field_name}}, we recognise that employees require time away from work for various personal, medical, and professional reasons. A fair and transparent leave and absence policy ensures that staff can balance their work commitments with personal needs while maintaining the smooth operation of our supported living services.

This policy outlines the different types of leave and absence available to staff, the procedures for requesting or reporting leave, and the arrangements for managing absence fairly, lawfully and consistently. It is designed to support compliance with the Employment Rights Act 1996, the Working Time Regulations 1998, the Equality Act 2010, the Carer’s Leave Act 2023 and related regulations, the Neonatal Care (Leave and Pay) Act 2023 and associated regulations, and other applicable family leave and statutory pay provisions in force in England. It also supports compliance with the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014, in particular Regulation 17 (Good governance), Regulation 18 (Staffing) and Regulation 19 (Fit and proper persons employed), by helping ensure safe staffing, appropriate oversight, accurate records, and continuity of care for people using the service.

Our approach balances the needs of employees with the responsibility to provide uninterrupted, high-quality care to service users. Clear procedures help prevent staff shortages and ensure that all employees understand their rights and obligations regarding leave and absence.

2. Purpose and Scope

The purpose of this policy is to establish a structured framework for managing staff leave and absence, ensuring that requests are handled fairly and consistently. This policy applies to all directly employed staff, including full-time, part-time, temporary, fixed-term and bank employees. Relevant sections may also apply to workers, casual staff and agency staff where this is required by law, by contractual arrangements, or by local procedure. Statutory leave and pay entitlements will apply according to the individual’s employment status and eligibility criteria in force at the time.

Managers must apply this policy consistently, while taking account of individual circumstances, equality considerations, disability-related needs, and the operational requirement to maintain safe staffing levels and continuity of support for people using the service.

We aim to:

By implementing this policy, we uphold fairness and accountability while ensuring that our supported living service operates efficiently.

3. Annual Leave (Holiday Entitlement)

Annual leave is essential for employees to rest and recharge. All employees are entitled to paid holiday in accordance with their contract and the Working Time Regulations 1998, which specify a statutory minimum of 5.6 weeks (28 days) of paid leave per year for full-time employees, including bank holidays.

For part-time staff, holiday entitlement is calculated on a pro-rata basis, ensuring fair allocation based on hours worked. Employees must request annual leave in advance, following the notice period set out in their contract (typically twice the length of the leave requested).

To maintain service continuity, annual leave is allocated on a first-come, first-served basis, and we encourage employees to spread their leave throughout the year. Requests for leave during peak periods (such as Christmas and bank holidays) may be subject to additional planning to ensure adequate staffing levels.

Employees are expected to take their annual leave within the relevant holiday year wherever possible. However, carry-over will be permitted where required by law, including where annual leave could not reasonably be taken because of sickness absence or statutory family leave, and may also be permitted in other exceptional circumstances at management discretion. Annual leave continues to accrue during periods of statutory family leave and sickness absence in accordance with legal requirements. On termination of employment, accrued but untaken holiday will be paid, or overtaken holiday may be deducted from final salary where this is permitted by law and contract.

For irregular-hours, part-year, bank and other atypical working arrangements, holiday entitlement and holiday pay will be calculated in accordance with current statutory rules and government guidance in force at the relevant time.

4. Sick Leave and Absence Due to Illness

Employee well-being is a priority, and we support staff who are unwell while ensuring that service users continue to receive safe and reliable care. Employees must report sickness absences as soon as possible, ideally before their scheduled shift, so that alternative cover arrangements can be made.

4.1. Reporting Sickness Absences

Employees must notify their line manager or designated supervisor as soon as possible if they are unable to attend work due to illness. Ideally, notification should be made at least two hours before their scheduled shift, allowing management sufficient time to arrange cover.

Employees should provide:

For absences lasting up to seven consecutive days, employees are required to complete a self-certification form upon their return to work. For absences lasting seven calendar days or less, employees may self-certify in accordance with company procedure. If the absence lasts more than seven calendar days, the employee must provide a valid Statement of Fitness for Work (Fit Note) issued by an appropriate healthcare professional in accordance with current statutory requirements.

4.2. Supporting Employees During Absence

During periods of prolonged sickness absence, we maintain open communication with employees to provide support and discuss any necessary adjustments upon their return to work. If an employee is absent for more than four weeks, it may be classified as a long-term sickness absence, and we may refer them to an occupational health assessment to determine the best course of action for their return.

Where appropriate, we may implement a phased return to work, which could include reduced hours or modified duties to accommodate the employee’s recovery.

Employees who are absent due to illness may be entitled to Statutory Sick Pay (SSP) in line with government regulations, provided they meet the eligibility criteria. Additional sick pay benefits may be provided depending on the terms of the employment contract.

4.3. Disability-Related Absence and Reasonable Adjustments

We recognise that some absences may relate to a disability, long-term health condition, pregnancy-related illness, menopause-related symptoms, mental health condition, or other protected circumstance. In managing absence, managers must consider the Equality Act 2010 and whether reasonable adjustments are required. Adjustments may include amended duties, altered shift patterns, phased return arrangements, additional supervision, workplace aids, temporary redeployment, or reasonable flexibility in attendance management processes where appropriate.

Absence triggers and review processes will not be applied mechanically. Managers must consider medical evidence, occupational health advice where available, the individual’s circumstances, and whether any absence is disability-related or otherwise requires a modified approach. The aim is to support staff fairly while maintaining safe, effective and consistent care for people using the service.

4.4. Return-to-Work Procedure

All employees returning from an absence will have a return-to-work discussion with their manager to:

This discussion provides an opportunity for open dialogue, ensuring that employees feel supported while also maintaining accountability.

4.5. Medical Appointments

Wherever possible, routine medical, dental, therapy and other health appointments should be arranged outside working time. Where this is not reasonably possible, employees must request time off in advance and provide reasonable notice. Managers will consider requests fairly, taking account of the employee’s health needs, disability-related requirements, pregnancy-related appointments, the needs of the service, and any contractual provisions regarding paid or unpaid time off.

4.6. Contact During Long-Term Absence

During long-term absence, reasonable contact will be maintained between the organisation and the employee to discuss wellbeing, likely duration of absence, medical evidence, occupational health referrals, return-to-work planning and any support required. The frequency and method of contact will be proportionate, supportive and respectful of confidentiality.

5. Emergency Time Off for Dependants and Compassionate Leave

Employees may be entitled to a reasonable amount of unpaid time off to deal with certain unexpected or sudden emergencies involving a dependant, in line with the Employment Rights Act 1996. This may include situations where a dependant falls ill, is injured or assaulted, gives birth, dies, or where care arrangements break down unexpectedly. This right is intended to allow the employee to take immediate action to deal with the emergency and make any necessary longer-term arrangements.

Employees must inform 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. Managers will respond sensitively and fairly, while considering the immediate needs of the service.

In addition to statutory emergency time off for dependants, the organisation may grant compassionate leave following bereavement, serious family crisis, or other exceptional personal circumstances. Compassionate leave may be paid or unpaid depending on the circumstances, contractual terms, and management discretion. Any decision will take account of the employee’s needs, the impact on service delivery, and the requirement to maintain safe staffing and continuity of support.

6. Family-Related and Caring Leave

Employees may be entitled to a range of statutory family-related leave and pay provisions, subject to the qualifying rules that apply at the relevant time. Managers must ensure that requests are handled confidentially, sensitively and in line with current law and organisational procedures.

Maternity Leave and Pay
Eligible employees are entitled to up to 52 weeks’ maternity leave, made up of 26 weeks’ Ordinary Maternity Leave and 26 weeks’ Additional Maternity Leave. Statutory Maternity Pay, Maternity Allowance, antenatal appointment rights, health and safety protections, and return-to-work rights will apply in accordance with current legislation.

Adoption Leave and Pay
Eligible employees who adopt a child may be entitled to statutory adoption leave and statutory adoption pay in accordance with current legal requirements. Time off for adoption appointments will also be handled in line with statutory rights.

Paternity Leave and Pay
Eligible employees may take statutory paternity leave in accordance with the law in force at the relevant time. At the date of this policy, statutory paternity leave may be taken as either one week or two weeks, and where two weeks are taken they may be taken together or as two separate one-week blocks, subject to the relevant notice and eligibility requirements. Statutory Paternity Pay may be available where qualifying conditions are met.

Shared Parental Leave and Pay
Eligible employees may be able to opt into Shared Parental Leave and Statutory Shared Parental Pay where the relevant statutory conditions are met. Requests should be made in line with the detailed notice requirements set out in current legislation and supporting organisational procedures.

Unpaid Parental Leave
Eligible employees may take unpaid parental leave to care for a child, subject to the statutory entitlement, notice requirements and any qualifying service requirement that applies at the relevant time. Managers may postpone unpaid parental leave where the law allows and where the operation of the service would otherwise be unduly disrupted, except where postponement is not permitted by law.

Carer’s Leave
Employees are entitled to unpaid carer’s leave from day one of employment in order to provide or arrange care for a dependant with a long-term care need, in accordance with current statutory rules. At the date of this policy, eligible employees may take up to one week of unpaid carer’s leave in any rolling 12-month period, taken as a block of one week or as individual days or half days. Employees do not have to provide evidence of the dependant’s condition, although they must give the required statutory notice. Carer’s leave may be postponed, but not refused, where the law permits postponement because the requested absence would cause serious operational disruption.

Neonatal Care Leave and Pay
Eligible employees may be entitled to Neonatal Care Leave and, where qualifying conditions are met, Statutory Neonatal Care Pay where a baby requires neonatal care in accordance with current statutory rules. At the date of this policy, this entitlement applies in addition to other family leave rights and may provide up to 12 weeks of additional leave depending on the period of neonatal care.

Parental Bereavement Leave and Pay
Eligible employees may be entitled to Parental Bereavement Leave and Statutory Parental Bereavement Pay where a child dies under the age of 18 or there is a stillbirth after 24 weeks of pregnancy, in accordance with current legal requirements.

Employees wishing to take any statutory family-related or caring leave must notify management within the required timescales and provide any information reasonably required by law or organisational procedure. Managers must maintain appropriate records and plan cover so that the service remains safely staffed at all times.

Because statutory family leave rules can change, managers must check the current legal requirements and internal HR procedure before confirming eligibility, notice, pay or postponement arrangements.

7. Unauthorised Absence and Attendance Concerns

Unauthorised absence, including failure to attend work or failure to follow reporting procedures without good reason, is taken seriously because it can place pressure on colleagues, disrupt rotas, and affect continuity and safety of support for people using the service.

Where an employee does not attend work and has not made contact in accordance with this policy, the manager will make reasonable attempts to contact the employee to establish their welfare and the reason for the absence. This may include telephone calls, text messages, email, or contact using emergency contact details where appropriate and proportionate. All actions taken must be recorded.

If the employee fails to respond or fails to provide an adequate explanation, the absence may be treated as unauthorised and managed under the organisation’s disciplinary or capability procedures, as appropriate.

Patterns of frequent short-term absence, repeated lateness, failure to comply with notification requirements, or other attendance concerns will be reviewed fairly and consistently. Managers must not apply absence triggers mechanically. They must consider the individual circumstances, medical evidence, occupational health advice where appropriate, any disability-related or pregnancy-related factors, and whether reasonable adjustments are required.

Where attendance concerns arise, the organisation may arrange an informal or formal attendance review meeting to:

Formal action will only be considered where appropriate after investigation and after support options have been considered. Any action taken will be in line with the organisation’s disciplinary, capability and equality procedures.

8. Discretionary Unpaid Leave

In addition to any statutory unpaid leave rights, employees may request discretionary unpaid leave where they need time away from work for personal reasons not covered by another policy or legal entitlement. Requests must be made in advance wherever possible and must state the reason for the request and the period of leave required.

Approval of discretionary unpaid leave is at management discretion and will depend on the needs of the service, the employee’s circumstances, previous leave arrangements, and the ability to maintain safe staffing levels and continuity of care. A decision to refuse discretionary unpaid leave will be communicated with reasons.

9. Managing Leave and Absence Effectively

The organisation will use effective systems to plan, record, monitor and review leave and absence so that staffing remains safe, lawful and responsive to the needs of people using the service. This includes maintaining accurate records of annual leave, sickness absence, family leave, emergency leave, return-to-work discussions, occupational health referrals, adjustments agreed, and attendance review outcomes.

Managers must ensure that leave decisions and absence management are documented clearly, handled consistently, and capable of being audited. Records must be accurate, complete, secure and up to date.

Rotas, staffing levels and contingency arrangements must be planned so that authorised and unplanned absence can be managed without compromising the safety, quality or continuity of support. Where necessary, managers should use relief staff, bank staff, agency cover, redeployment, temporary changes to duties, or other proportionate arrangements to maintain safe service delivery.

Staff must receive appropriate support on return from absence, including supervision, return-to-work discussion, refresher support where needed, and any reasonable adjustments required for a safe return to work.

Trends in absence will be reviewed periodically to identify themes, risks, training needs, wellbeing concerns, and any impact on service delivery. Learning from this monitoring will be used to improve workforce planning, wellbeing support and operational resilience.

In a supported living service, leave and absence arrangements must always be managed with regard to people’s assessed needs, planned support, risk management arrangements, medication support requirements, lone working arrangements where relevant, and the need for safe continuity of care.

10. Compliance, Monitoring and Policy Review

This policy will be reviewed at least annually and sooner where there are changes to legislation, statutory guidance, employment rights, CQC guidance, or operational practice. It forms part of the organisation’s governance framework and supports compliance with the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014, including Regulation 17 (Good governance), Regulation 18 (Staffing) and Regulation 19 (Fit and proper persons employed), alongside relevant employment legislation in force in England.

Managers are responsible for implementing this policy fairly, maintaining accurate records, escalating workforce risks, and ensuring that leave and absence decisions do not compromise safe staffing or the quality and continuity of care.

Where the law changes, the statutory position will apply even where this policy has not yet been formally reissued, and the organisation will update the policy and related procedures as soon as reasonably practicable.

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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