Everyone understands the idea of paid leave – this is simply your employees’ annual holiday allowance. Unpaid leave, however, is a little more complicated. In this blog, we walk you through the different types of unpaid leave and their legal implications. You'll also be able to download two examples of unpaid leave policy to use as templates to create your own.
What is unpaid leave?
Unpaid leave is a way of offering your team the chance to take some time off work on top of their standard paid leave allowance.
What are the reasons for taking unpaid leave?
There are a few different circumstances when you may want to offer your team some unpaid time off:
- After they’ve become a parent
- After they’ve suffered the loss of a relative or friend
- If they wish to go on a sabbatical
- If they wish to take additional holiday on top of their paid leave allowance
- If they need to be out of the office for an emergency or for looking after a loved one
What’s the law on unpaid leave?
Unpaid leave is a pretty wide-ranging concept. There are no hard and fast rules simply because every type of unpaid leave is slightly different.
Next, we’ll try to unpack each type of unpaid leave and the law surrounding them.
1- Unpaid parental leave
Every employee in the UK is entitled to a certain amount of unpaid parental leave once after they have become a parent. That’s on top of any paid leave covered by your parental leave policy.
What’s the law on unpaid parental leave?
All UK employees have a statutory right to 18 weeks of unpaid leave after they have become parents (or adopt a child).
These 18 weeks are available to be taken up until the child’s 18th birthday, with a maximum of four weeks permitted over any one calendar year.
It’s important to note that parental leave applies to each child, not each job. So if a new employee is asking if they can take unpaid parental leave, it’s worth checking with them to see how much of their allowance they have left for that year.
2 - Unpaid bereavement leave
Bereavement leave is taken after a team member has suffered the loss of a loved one so that they can grieve or spend time with family.
What’s the law on bereavement leave (or compassionate leave)?
The law around bereavement leave is a little less clear cut. Unlike parental leave, there is no designated UK legislation designating a specific right to bereavement leave (or ‘compassionate leave’). However, the Employment Rights Act 1996 does give employees the right to take time off for emergency situations – and that includes the death of a dependant.
3 - Work sabbatical
The work sabbatical is a relatively new development in the UK – it describes an arrangement where a team member takes an extended period of time off from work, on the understanding that they return to their jobs afterwards. In the interim, the employee will retain their employment status, along with any benefits.
At Charlie, we offer our team a combination of paid and unpaid time off for their sabbatical. You can download our sabbatical policy, and use it as an example to create your own.
What’s the law on work sabbaticals?
There is no legal UK entitlement to a work sabbatical or career break. If one of your team members wants to take a career break, then they will need to discuss and agree on the exact arrangements with you, their employer. You aren’t bound by any legislation to consider or agree to a request for a work sabbatical.
4 - Unpaid holiday
You may want to offer your team the possibility to take additional unpaid time off on top of their paid holiday allowance.
This is different to offering a sabbatical, as team members are free to book shorter periods of unpaid holiday across the year (anything from one day to one month).
This solution is ideal if you wish to offer your team plenty of flexibility, without going as far as offering unlimited holiday.
You can download our unpaid holiday template, based on Monzo's, as an example for creating your own.
What’s the law on unpaid holiday?
Similarly to sabbaticals, there is nothing in UK law about unpaid holiday. It is entirely up to you to decide whether to offer this benefit and to which extent.
5 - Other types of unpaid leave
Life is unpredictable, and it may happen that a team member needs to take time off outside of your planned holidays for an emergency. Offering unpaid leave can help your team cope with these unexpected events, whether they need to take care of a loved one or deal with other urgent matters.
What’s the law on unpaid leave for taking care of dependants?
All employees in the UK are entitled to take time off if they need to take care of dependants – taking a child to the doctor, for example. There is no legal limit to how much unpaid leave an employee can take off for this, but they do have a duty to give you as much warning as can be reasonably expected.
Going beyond the law
The specific law surrounding the many different types of unpaid leave can be difficult to keep track of (if you really do need a precise legal answer, maybe we can help here).
Often, the benefits to you as an employer for simply being flexible around unpaid leave far outweigh the negatives.
Your employees are unlikely to ask for unpaid leave unless they really need it – and in that case, there might not be any great reason to stand in their way. If you are flexible and understanding of your employees’ life circumstances, then the goodwill that engenders will often pay you back twice over.
Work sabbaticals are a great example of this. Sure, career breaks are not protected by any UK legislation, but before you dismiss any such application out of hand, ask yourself this:
“Is there any reason not to offer career sabbaticals?” Of course, in some industries it won’t be an option, but in many it might well be possible. Are you able to turn a provision for unpaid career breaks into a competitive advantage when it comes to recruitment? Could you drastically improve your company’s morale by adopting a more flexible approach to unpaid leave?
Unpaid leave is a wide topic. So by all means, get acquainted with the law – but if you’re running a small business then time is a precious resource, and perhaps a little flexibility is the simpler answer.