Employment Law – Time Off Work

Employees and workers can have different rights to time off depending on the reason for the absence.

Some types of leave are statutory rights, while others depend on:

• Your Employment status
• Length of service
• Employment contract
• Workplace policies
• Individual circumstances

Some statutory leave is paid, some is unpaid and some gives an employer discretion over whether payment will be made.

The sections below explain some of the most common rights to time off work.

Time Off to Look for a New Job if You Are Being Made Redundant

If you are being made redundant, you may have a statutory right to reasonable time off during your notice period to:

• Look for another job
• Apply for another job
• Arrange training
• Attend relevant training

To qualify, you generally need:

• Employee status
• At least 2 years' continuous employment by the date your notice period ends

For further information, see Redundancy.

How Much Time Off Can I Take?

There is no fixed statutory number of hours or days.

The amount must be reasonable in the circumstances.

Relevant factors can include:

• Length of your notice period
• Type of work you are seeking
• Difficulty finding suitable employment
• Location of available jobs
• Training requirements
• Impact of the absence on your employer

Your employer can refuse a particular request where it has reasonable grounds, but it should not simply prevent you from exercising the statutory right altogether.

Will I Be Paid for Time Off to Find Another Job?

There is a statutory limit on how much your employer must pay.

Regardless of how much reasonable time off you take, your employer only has to pay up to:

40% of one week's pay

over the relevant notice period.

For example, if you normally work five days per week, 40% of a week's pay would broadly represent the equivalent of two working days.

Your employer can choose to provide more generous paid leave, and your employment contract may give you better rights than the statutory minimum.

If your employer unreasonably refuses qualifying time off or fails to provide the statutory payment, you may be able to bring an Employment Tribunal claim.

Time Off for Dependants in an Emergency

Employees have a statutory right to take a reasonable amount of time off to deal with an unexpected emergency involving a dependant.

This is sometimes called:

Time off for dependants

It is a day-one employment right.

A dependant can include:

• Your Spouse
• Your Civil partner
• Your Partner
• Your Child
• Your Parent
• Someone living in your household other than certain tenants or employees
• Someone who reasonably relies on you for care or assistance

A dependant does not therefore always have to be a close family member.

What Counts as an Emergency?

The statutory right can apply where you need time off because, for example:

• A Dependant becomes ill
• A Dependant is injured
• A Dependant is assaulted
• A Dependant unexpectedly goes into labour and needs your assistance
• Care arrangements unexpectedly break down
• A Nursery or care facility unexpectedly closes
• Your Child is involved in an unexpected incident at school
• A Dependant dies

You can also use the right to make necessary arrangements for longer-term care following an emergency.

How Much Time Can I Take?

The law does not specify a fixed number of days.

You are entitled to a reasonable amount of time to deal with the immediate emergency.

It is therefore incorrect to assume that the statutory entitlement is always limited to one or two days.

What is reasonable will depend on what has happened.

For example, you might need immediate time off to:

• Take a dependant to hospital
• Arrange replacement care
• Deal with an urgent incident at school

If you then need a longer period to provide ongoing care, another type of leave may be more appropriate.

Do I Have to Tell My Employer?

Yes.

You should tell your employer as soon as reasonably possible:

• Why You need time off
• How Long you expect to be absent

Where possible, you should do this before you are due to start work.

An emergency may sometimes make advance notification impossible, in which case you should contact your employer as soon as reasonably practicable.

Is Time Off for Dependants Paid?

There is no general statutory requirement for your employer to pay you for emergency time off for dependants.

However, your employer may provide paid leave under:

• Your Employment contract
• A Workplace policy
• A Compassionate leave scheme

You should check the applicable terms.

Can My Employer Penalise Me for Taking This Leave?

An employer must not subject you to a detriment because you legitimately took or sought statutory time off for dependants.

For example, problems could arise if your employer penalised you by:

• Unfairly reducing your hours
• Denying training because you took the leave
• Overlooking you for promotion for that reason
• Selecting you for redundancy because you exercised the right

Dismissal or selection for redundancy because you took or sought qualifying time off for dependants can amount to automatically unfair dismissal.

There is no ordinary minimum qualifying period of employment for that protection.

What if I Need Longer-Term Time Off to Care for Someone?

Emergency time off for dependants is designed principally to deal with unexpected situations rather than provide extended periods of ongoing care.

A separate statutory right called Carer's Leave may apply where you need time off to provide or arrange care for a dependant with a long-term care need.

Eligible employees can take up to:

One week of unpaid Carer's Leave in each 12-month period

This is a day-one right.

The leave can generally be taken as:

• A Full week
• Individual days
• Half days

Who Counts as a Dependant for Carer's Leave?

For Carer's Leave, the person does not have to be a family member.

They can be anyone who reasonably relies on you for care.

They must have a long-term care need, such as:

• A Physical illness or injury expected to require care for more than 3 months
• A Mental illness or injury expected to require care for more than 3 months
• A Disability under the Equality Act
• Care needs connected with old age

This means the old distinction between family members and "non-dependants" can sometimes be misleading.

Someone outside your immediate family may still qualify as your dependant if they rely on you for care.

Time Off to Care for Someone Who is Not a Dependant

There is no general statutory right to paid time off simply because you want to care for another person.

However, before assuming there is no statutory protection, you should check whether that person qualifies as a dependant under:

• Emergency time-off rules
• Carer's Leave rules

Other rights may also be relevant depending on the circumstances, including:

• Annual leave
• Parental leave
• Compassionate leave
• Flexible working

Your employer may also agree additional contractual or discretionary leave.

Time Off When Someone Dies

Where a dependant dies, statutory time off for dependants can allow a reasonable amount of unpaid time to deal with the immediate consequences, which can include arranging or attending a funeral.

Separate statutory rights can also apply in particular circumstances.

These include:

• Parental Bereavement Leave
• Bereaved Partner's Paternity Leave

Eligible employees whose child dies may have rights to statutory Parental Bereavement Leave.

From 6 April 2026, Bereaved Partner's Paternity Leave also provides significant additional unpaid leave in specified circumstances where the mother, main adopter or main intended parent of a child dies.

The correct entitlement depends on the relationship, circumstances and type of leave involved.

Time Off for Doctors, Dentists and Hospital Appointments

There is no general statutory right to paid time off for an ordinary medical or dental appointment.

This can include appointments with:

• A GP
• A Dentist
• A Hospital
• A Counsellor
• Another healthcare provider

You should check:

• Your Employment contract
• Staff handbook
• Employer policies

Your employer may allow you to:

• Attend during working hours
• Take unpaid leave
• Use annual leave
• Use a break
• Make the time up later

Different legal rights can apply in particular situations.

What if the Appointment Relates to a Disability?

If you are disabled under the Equality Act 2010, your employer has a duty to consider reasonable adjustments.

Depending on the circumstances, a reasonable adjustment could include allowing time away from work for:

• Treatment
• Rehabilitation
• Disability-related medical appointments

This does not mean that every disabled employee has an automatic statutory right to unlimited paid medical leave.

The question is whether the adjustment is reasonable in the particular circumstances.

For further information, see Disability Discrimination and Reasonable Adjustments.

What About Antenatal Appointments?

Pregnant employees have a separate statutory right to reasonable paid time off for antenatal appointments made on the advice of an appropriate healthcare professional.

Partners and prospective fathers can also have a right to unpaid time off to accompany a pregnant person to up to two qualifying antenatal appointments, subject to the statutory rules.

What About Gender Reassignment-Related Appointments?

The Equality Act also contains specific protection concerning absence connected with gender reassignment.

An employer must not treat an employee less favourably in relation to absence because of gender reassignment than it would treat them in specified comparable sickness or other circumstances.

Annual Leave

Almost all workers are legally entitled to paid annual leave.

Most workers are entitled to:

5.6 weeks' paid statutory holiday each leave year

For someone working five days each week, this is generally equivalent to:

28 days

Part-time workers receive the same 5.6-week entitlement proportionate to their working pattern.

Agency workers and eligible irregular-hours and part-year workers also have statutory holiday rights.

For further guidance, see Holiday Entitlement and Holiday Pay.

Do Bank Holidays Have to Be Additional to the 5.6 Weeks?

No.

An employer can include bank holidays within the statutory 5.6-week entitlement.

Whether bank holidays are provided in addition to statutory annual leave depends on:

• Your Contract
• Workplace policy

An employer can provide more holiday than the statutory minimum.

Additional contractual holiday can be subject to different contractual rules.

Can My Employer Decide When I Take Holiday?

Employers have significant control over when annual leave is taken.

An employer can:

• Refuse a particular holiday request
• Restrict leave during busy periods
• Require workers to take leave at specified times
• Cancel previously approved statutory leave subject to the applicable notice rules

However, an employer cannot prevent a worker from taking their statutory annual leave altogether.

How Much Notice Must I Give?

Unless a contract or agreement provides different rules, the general statutory notice for requesting leave is at least:

Twice the length of the requested leave plus 1 day

For example, for one day's leave the worker would generally give at least three days' notice.

How Much Notice Must My Employer Give to Refuse or Cancel Leave?

Under the general statutory rule, an employer refusing or cancelling statutory leave must normally give notice of at least:

The length of the requested leave plus 1 day

For example, cancelling ten days' leave would normally require at least eleven days' notice.

A contract can contain different valid notice arrangements.

How Much Should I Be Paid During Holiday?

Holiday pay rules depend on your working pattern and the type of statutory leave.

For regular-hours workers who work throughout the year, the statutory entitlement is generally divided between:

• 4 Weeks paid at the normal remuneration rate
• 1.6 Weeks which can generally be paid at the basic rate

Normal remuneration can include certain regular payments such as:

• Commission
• Regular overtime
• Payments linked to professional status or length of service

Employers can choose to use the more generous normal-remuneration calculation for all statutory leave.

Different rules apply to irregular-hours and part-year workers.

What if My Employer Does Not Give Me My Holiday Rights?

You should normally raise the issue with your employer first.

This could involve:

• Informal discussion
• A Formal grievance

If the issue cannot be resolved, you may be able to bring an Employment Tribunal claim.

Strict time limits apply.

As at 10 September 2026, the limitation period for many Employment Tribunal claims is generally 3 months minus 1 day from the relevant problem.

From 1 October 2026, the time limit for the majority of such claims increases to 6 months where the relevant problem occurs on or after that date.

Acas Early Conciliation can affect the calculation of the final deadline.

Career Breaks and Sabbaticals

There is no general statutory right to take a career break or sabbatical.

Whether you can take one normally depends on:

• Your Employer's policy
• Your Contract
• An Individual agreement

Some employers operate formal career-break schemes.

These may require:

• A Minimum length of service
• Advance notice
• A Formal application
• Approval by management

Career breaks are commonly unpaid.

What Should Be Agreed Before a Career Break?

If your employer agrees to a career break, it is sensible to record the arrangements clearly in writing.

The agreement should consider matters such as:

• Start date
• Expected return date
• Whether the employment contract continues
• Continuity of employment
• Pay
• Pension
• Benefits
• Holiday entitlement
• Contact during the break
• Work for another employer
• Return-to-work arrangements

There should not be an automatic assumption that taking a career break guarantees a right to return to exactly the same role.

The legal position can depend significantly on whether:

• The Existing contract continues
• Employment is terminated
• A Separate contractual right to return has been created

The arrangements should therefore be clear before the career break begins.

Time Off for Jury Service

If you are called for jury service, your employer must allow you the necessary time off.

You should give your employer a copy of your jury summons as soon as possible.

Can My Employer Ask Me to Delay Jury Service?

Yes, but your employer cannot simply cancel your jury service.

If your absence would seriously harm the business, your employer can ask you to apply to the court to defer the service.

Your employer would normally need to explain why your absence would have a serious effect on the organisation.

The court decides whether the jury service can be deferred.

A person can normally defer jury service only once within a 12-month period.

Does My Employer Have to Pay Me During Jury Service?

No.

There is no general statutory requirement for an employer to continue your wages during jury service.

Some employers nevertheless provide:

• Full pay
• Partial pay
• A Top-up payment

under their contracts or workplace policies.

If your employer does not pay you, you can usually claim certain allowances from the court for:

• Loss of earnings
• Travel
• Food and drink
• Certain care costs

Your employer may need to complete a Certificate of Loss of Earnings to support your claim.

Can I Be Dismissed for Doing Jury Service?

Employees have statutory protection relating to jury service.

Dismissal because you attend jury service can potentially amount to automatically unfair dismissal.

An employer should not penalise an employee for complying with their legal obligation to serve as a juror.

Time Off for Public Duties

Employees can have a statutory right to a reasonable amount of time off to carry out certain recognised public duties.

As at September 2026, the qualifying roles include:

• Magistrates or justices of the peace
• Local councillors
• School governors
• Members of statutory tribunals
• Members of the managing or governing body of an educational establishment
• Members of a health authority
• Members of a school council or board in Scotland
• Members of the Environment Agency
• Members of the Scottish Environment Protection Agency
• Members of prison independent monitoring boards in England or Wales
• Members of prison visiting committees in Scotland
• Members of Scottish Water
• Members of a Water Customer Consultation Panel

Separate statutory rules also apply to certain trade union duties.

How Much Time Off Can I Take for Public Duties?

There is no fixed statutory allowance.

The amount must be reasonable.

The employer and employee should consider:

• Nature of the public duties
• Amount of time required
• Time already taken for public duties
• Impact on the employer's business

An employer can refuse a particular request if it considers the amount of time requested unreasonable.

This is different from jury service, where an employer cannot simply refuse to allow the employee to serve.

Does Time Off for Public Duties Have to Be Paid?

Generally, no.

An employer can choose whether to pay an employee for qualifying public-duty leave.

Your contract or workplace policy may provide better terms.

Who Does Not Normally Qualify for Statutory Public-Duty Time Off?

The general statutory public-duty right does not apply in the same way to everyone.

Current GOV.UK guidance identifies exclusions including:

• Agency workers
• Members of the police service
• Members of the armed forces
• Merchant seamen
• Certain people working on fishing vessels
• Certain people working on offshore gas or oil installations
• Certain civil servants whose public duties involve restricted political activities

The exact statutory right depends on employment status and the particular public duty involved.

Jury service has separate rules.

Time Off for Trade Union Duties

Trade union rights should be distinguished from the general public-duty rules.

An employee who is an official or representative of an independent trade union recognised by the employer can have a statutory right to reasonable paid time off to perform qualifying union duties.

These can include matters such as:

• Negotiating terms and conditions
• Helping members with disciplinary matters
• Helping members with grievances
• Supporting members in certain workplace meetings
• Dealing with redundancy-related matters

Recognised trade union representatives can also have paid time off for appropriate training connected with their representative role.

Different rules apply to ordinary trade union activities, for which there is generally a right to reasonable time off but not necessarily statutory pay.

Industrial action is subject to separate rules.

Further reforms to trade union time-off rights are due to take effect from 30 October 2026, but those changes are not yet current law as at 10 September 2026.

What Should I Do if My Employer Refuses Statutory Time Off?

The appropriate action depends on the type of leave involved.

You may initially wish to:

• Check your contract and workplace policies
• Explain the statutory right to your employer
• Raise the issue with Human Resources
• Raise a formal grievance

For further guidance, see Grievance at Work.

In some circumstances, you may be able to bring an Employment Tribunal claim where an employer:

• Unreasonably refuses statutory time off
• Fails to make a required payment
• Subjects you to a detriment for exercising a statutory right
• Dismisses you because you exercised a protected right

Different types of time off have different eligibility requirements, remedies and time limits, so the particular statutory right should always be identified before a claim is made.