Unpaid Leave
Few businesses feel it appropriate or workable to have a policy which allows varying periods of leave without pay in addition to paid holiday entitlement.
Dependent Care Leave
However, there is a statutory requirement to allow employees a “reasonable” amount of time off to take necessary action:
- to provide assistance when a dependant falls ill, gives birth or is injured or assaulted.
- to make arrangements for the provision of care for an ill or injured dependant.
- in consequence of the death of a dependant.
- because of unexpected disruption to or termination of care arrangements for a dependant.
- to deal with an unexpected incident involving a child of the employee while at an educational establishment responsible for that child.
For those purposes, illness or injury can be mental as well as physical.
This legislation applies to a defined category of dependant such as:
- a spouse
- a child
- a parent, or
- someone who cohabits with the person claiming the time off but is not his or her employee, tenant, lodger or boarder.
The time off must be for necessary action and the employee must give the reason for absence as soon as reasonably practicable and tell the employer how long he or she expects to be absent.
No employee, however short a period employed, must be dismissed for properly exercising a right to “dependant care leave” otherwise a claim for unfair dismissal could be made.
Unpaid Parental Leave
There is also a statutory requirement for employers to allow employees with more than one year service up to 13 weeks (18 weeks where child is disabled) unpaid parental leave in respect of children under five years of age.(18 years where child is disabled.) The leave is to be taken within 5 years of the birth or adoption. (Up to 18th birthday where child is disabled). Part-time workers have a pro-rata entitlement.
Parental leave is “for the purpose of caring for” a child. It can obviously be subject to abuse and the process should be properly monitored by the Employer.
Time off may be taken in blocks of one week (part week counts as a full week) with a maximum of 4 weeks in any year. The Employment Appeal Tribunal has held that the legislation does not allow parental leave to be taken for any period less than the minimum period of one week and that the 13 weeks entitlement must be taken in one week blocks.
However in the case of a disabled child the leave can be taken in units of one day at a time rather than a week.
The employee must give a minimum of 21 days notice of intention to start unpaid parental leave.
Within 7 days of receipt of such notice the Employer can give a counter-notice requiring the leave to be postponed for up to 6 months if the business would be unduly disrupted.
However no such postponement can be demanded if the leave is to be taken on the birth or adoption of a child.
The 13 week entitlement to unpaid parental leave is the total amount taken with all employers during the 5 year period. Keeping proper records is obviously important.
Unless the Employer has an agreed policy with the workforce the statutory model policy applies. A copy of the Maternity and Parental Leave Regulations 1999 should be obtained from the Stationery Office.
Unpaid parental leave is in addition to Maternity, Paternity and Adoptive Parents Rights outlined in Section IIIG.
All PBS information sheets are designed to provide the detail you need to implement best business and employment practices. They are not a detailed commentary on the current law and where advice is needed in a specific case you should contact PBS for expert consultation.
Unpaid leave