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Time Off

TIME OFF WORK

Most employees have a legal right to take paid time off work in the following specific circumstances :-

Maternity

Antenatal care

- paid time off for antenatal care must be given.      This can include medical appointments, relaxation or parent-craft classes attended on the advice of a registered medical practitioner, midwife or health visitor.    

Maternity leave

-  pregnant employees have an entitlement to twenty six weeks ordinary maternity leave irrespective of how long they have worked for their employer.    Employees who have worked for at least twenty six weeks continuously with their employer by the beginning of the fourteenth week before the baby is due also have an entitlement to additional maternity leave of a further twenty six weeks.  Whilst ordinary maternity leave is paid additional maternity leave is usually unpaid although there may be contractual rights to payment. 

Paternity leave

Fathers who have worked continuously for their employer for at least twenty six weeks by the fourteenth week before the baby is due are entitled to take one or two weeks paternity leave within eight weeks of their baby's birth and have an entitlement to be paid at the same rate as standard Statutory Maternity Pay (subject to earning more than a specified minimum figure).     

Paid leave for adoptive parents

Employees who adopt, or one of the adopted parents of a couple where a child is adopted jointly, are entitled to take up to one years adoption leave with twenty six weeks Statutory Adoption Pay.     

Time off for job seeking/re-training following redundancy

An employee with two years continuous service who is being made redundant is entitled to a reasonable amount of time off with pay to look for other employment or to arrange retraining.    

Dealing with disciplinary and grievance issues

An employee requested to accompany a colleague to a disciplinary or grievance hearing, or a hearing about a request for flexible working, is entitled to time off to perform the function which must be paid and the individual must not be penalized for having exercised the right.   

Transfer of business - Consultation

Employees of a business being sold are entitled to reasonable time off work with pay for consultation purposes.     

Time off for study or training

Employees who are aged 16 or 17, not in full time education and who have not achieved a certain standard in their education/training are entitled to reasonable paid time off work to study or train for certain approved qualifications. 

Right to take UNPAID Time Off

Employees also have legal rights to take unpaid time off work in the following specific circumstances :-

Parental leave 

Employees with one years continuous service with their employer and who have, or expect to have, parental responsibility for a child up to the age of five, are entitled to take up to thirteen weeks unpaid leave for each child (unless the child is disabled when up to eighteen weeks leave may be taken).       Leave must be taken in blocks of one week (unless the child is disabled when special provisions apply). 

Time off for dependants

Employees may take a reasonable amount of time off work to deal with specified unexpected or sudden emergencies involving dependants where that dependant :-

  • falls ill, has been injured or assaulted;
  • is having a baby;
  • needs longer term care arrangements following illness or injury;
  • has died;
  • has suffered an unexpected disruption or breakdown of care arrangements;
  • is a child and has been involved in an unexpected incident during school hours;

Dependants for these purposes include husband, wife or partner, child or parent of the employee and anyone who lives in the same household as a member of the family. 

It is not anticipated that more than one or two days would be needed to deal with such emergencies.  

No entitlement to pay arises in these circumstances unless there is a contractual arrangement in place.    

Public duties

Employees in certain public positions are entitled to a reasonable amount of unpaid time off work in order to perform their duties.   These positions include :-

  • a member of a local authority, police authority, or a board of prison visitors;
  • a justice of the peace;
  • a member of any statutory tribunal;
  • a member of an NHS Trust;
  • a school governor;
  • a member of the Environment Agency;

Trade Union activities

An employee who is a member of an independent trade union recognized by the employer is entitled to a reasonable amount of time off work to take part in any activities of the trade union or any activities in relation to which the employee is acting as a representative of such union but excluding activities consisting of industrial action.

Please contact us for further information.