Leave of Absence (Employers’ Guide)

Managing employee absences is a balancing act. Employers have to accommodate legitimate leave requests while ensuring productivity isn’t compromised. But what exactly counts as a leave of absence, and how should employers handle it?

In the UK, there’s no single legal definition of a leave of absence; it can cover anything from parental leave and long-term sickness to career breaks and sabbaticals. While some types of leave are legally protected, others are entirely at an employer’s discretion. But failing to apply policies fairly can lead to issues, such as discrimination claims and low staff morale.

For employers, getting it right means knowing the law, having clear policies and managing requests fairly.

 

What is leave of absence?

 

Leave of absence usually refers to an extended period of time when an employee is not working but they remain employed.

Employee absences generally fall into three categories:

 

• Authorised Absence: Includes statutory and contractual leave, such as annual leave, parental leave, and educational leave. These are typically agreed upon in advance and governed by employment contracts and company policies.
• Sickness Absence: Includes both short-term and long-term illness. Short-term absences due to minor illnesses are the most common, but non-genuine sickness absence is also a concern for many employers.
• Unauthorised Absence: Covers repeated lateness, failure to follow absence reporting procedures, or taking leave without approval. Persistent unauthorised absence can be treated as a disciplinary issue.

 

There are many reasons why an employee takes time off work – from medical to family or personal reasons – which will impact how long they are away from work and should determine how the employer manages the absence. For example, most employees have a statutory entitlement to holiday and sick leave, while the rules on sabbaticals or unpaid leave are less straightforward and require more discretion and consideration by the employer. Absence can also become an issue where it becomes excessive or long-term, and requiring careful management.

Common types of leave of absence include:

 

Type of Leave	Description	Paid/Unpaid
Annual Leave	Legally required holiday entitlement under the Working Time Regulations.	Paid
Sick Leave	Time off due to illness or injury, with Statutory Sick Pay (SSP) or employer-provided sick pay.	Paid/Unpaid (depends on employer policy)
Maternity Leave	Up to 52 weeks of leave for new mothers, with statutory maternity pay for eligible employees.	Paid (Statutory/Employer policy)
Paternity Leave	Time off for new fathers or partners after childbirth or adoption.	Paid (Statutory/Employer policy)
Shared Parental Leave	Allows parents to share up to 50 weeks of leave and 37 weeks of pay after childbirth or adoption.	Paid (Statutory/Employer policy)
Adoption Leave	Time off for employees adopting a child, similar to maternity leave entitlements.	Paid (Statutory/Employer policy)
Parental Leave	Unpaid leave (up to 18 weeks per child) for parents to care for their child.	Unpaid
Bereavement Leave	Time off following the death of a close family member, including statutory parental bereavement leave.	Paid/Unpaid (depends on employer policy)
Compassionate Leave	Discretionary leave for personal emergencies, such as family illness or bereavement.	Paid/Unpaid (depends on employer policy)
Unpaid Leave	Time off granted at an employer’s discretion for personal reasons.	Unpaid
Career Break/Sabbatical	Extended time off work for personal or professional development, usually discretionary.	Unpaid (unless employer offers paid options)
Time Off for Dependants	Reasonable unpaid leave for dealing with emergencies involving dependants.	Unpaid
Jury Service Leave	Time off to attend jury duty, with no legal requirement for pay.	Unpaid (unless employer offers paid leave)
Public Duties Leave	Time off for employees holding public positions (e.g., magistrates, local councillors).	Unpaid (unless employer offers paid leave)

 

 

Short-term leave of absences

 

Short-term absences, such as a single-day leave request for personal matters, are usually manageable with appropriate planning. However, excessive short-term absences can impact business operations. Set absence thresholds that trigger attendance reviews and discussions about potential underlying issues.

Employers can implement return to work interviews to identify any underlying issues. If absenteeism becomes a pattern, strategies such as attendance review meetings and disciplinary procedures may be considered. Where short-term absence is excessive or appears non-genuine, formal warnings or attendance improvement plans may be necessary. However, before imposing sanctions, the root causes should be investigated, which may identify issues such as workplace stress or personal difficulties, and offer appropriate support.

 

Unpaid leave of absence

 

Unpaid leave applies when time off is not covered by statutory or contractual leave entitlements. This option allows employees to take time off without pay while maintaining their employment status, which may be relevant for pension contributions and employee benefits

There is no statutory right to unpaid leave except in specific circumstances, such as time off for dependants. Employers typically set their own unpaid leave policies, outlined in employment contracts.

Employers can require staff to take unpaid leave if there is a contractual clause allowing for lay-offs. If an employee is laid off for four consecutive weeks or six weeks within a 13-week period, they may have the right to claim statutory redundancy pay.

 

Long-term leave of absence

 

Long-term absences, such as career breaks, extended parental leave, or sabbaticals, are typically unpaid but allow employees to remain employed. These absences, although less frequent, can account for a significant proportion of total absence days in a business.

Employers should have a structured return to work policy to support long-term absentees. This may include regular reviews with the employee to discuss progress and return to work plans, workplace adjustments, such as phased returns or modified duties, or occupational health assessments to determine fitness for work.

 

Law on absence management

 

Employers must manage absence in line with UK employment law to ensure fairness, compliance, and the proper handling of different types of leave. Key legislation governing absence management includes the Employment Rights Act 1996, the Equality Act 2010, the Access to Medical Reports Act 1998, the Data Protection Act 2018, and the Working Time Regulations 1998.

Under the Equality Act 2010, employers must make reasonable adjustments for employees who become disabled, ensuring they do not face discrimination due to their condition. Similarly, the Employment Rights Act 1996 provides employees with statutory rights, including time off for dependants in emergency situations. While this leave is typically unpaid, an employment contract may provide additional entitlements.

Statutory Sick Pay (SSP) is a legal entitlement for employees who meet the qualifying criteria, but employers may enhance sick pay through contractual agreements. Employers must also follow fit note requirements and manage long-term sickness absence in a way that avoids potential claims for unfair dismissal or disability discrimination.

In extreme cases, such as an employee being arrested or receiving a custodial sentence, an employer may be able to fairly dismiss them. However, the decision must be reasonable and justified, following the proper disciplinary process in line with ACAS guidelines.

 

Role of the absence policy

 

A clear policy will help your employees to understand their sickness rights and responsibilities. Rules surrounding sick pay and leave are part and parcel of your employment terms and conditions, which means you are legally obliged to let employees know about them.

Absence policies can also be used to support any absence goals you have, and often include rules for how staff notify their line manager about absence, when self-certification forms and fit notes are required, and return to work interviews happen. You might want to consider how you intend to support your employees to return to work and whether they need any adjustments to help with their transition back into the workplace. Staff expectations around severe weather and other major events may require additional protocols. The bottom line here is that when employees know what you expect as an employer, they know where they stand and are more likely to follow the rules. And if the rules are broken, you have appropriate policies and procedures in place to deal with it.

 

Managing leave of absence

 

Managing employee absence is a crucial part of maintaining a productive and efficient workplace. Employers need to strike a balance between supporting employees, ensuring legal compliance, and minimising business disruption. Without a structured approach, absenteeism can lead to operational challenges, increased costs, and potential legal risks. A clear absence policy, combined with fair and consistent enforcement, ensures that employees understand their rights and responsibilities while providing employers with a structured framework for dealing with different types of absence.

 

Monitoring & measuring absence

 

Tracking absence effectively helps employers understand the extent of absenteeism, identify patterns, and address potential problems before they escalate. Employers can use different metrics to analyse absence trends, such as the lost time rate, which calculates the percentage of working hours lost due to absence, the frequency rate, which measures the average number of absences per employee and the Bradford Factor, which highlights patterns of persistent short-term absences. These tools can help distinguish between genuine and problematic absences, ensuring that businesses take a measured approach rather than implementing excessive disciplinary measures.

 

Absence policies & procedures

 

A well-defined absence policy is the foundation of effective absence management. It should clearly outline leave entitlements, notification procedures, sick pay arrangements, and the process for returning to work. Employees need to understand how to report an absence, who to notify, and what documentation is required. Employers should set reasonable notification deadlines, such as requiring employees to inform their manager before their shift begins or within a specified timeframe. If a fit note is required after seven days, this should be explicitly stated.

To ensure consistency, line managers should be trained in absence management, including how to handle reports of illness, conduct return-to-work interviews, and support employees who may require adjustments due to long-term health conditions. Effective communication ensures that employees understand the process and feel confident that genuine absences will be treated fairly.

 

Balancing support with accountability

 

Employers must approach absence management with both compassion and accountability. Taking a supportive approach by addressing well-being concerns and offering reasonable adjustments can help reduce unnecessary absences. Employees who feel valued and supported are less likely to take time off unnecessarily. However, an absence policy must also establish clear expectations regarding unauthorised absences, repeated short-term absences, and non-genuine sickness claims.

Return-to-work interviews should be standard practice. These meetings not only deter unnecessary absences but also provide an opportunity to discuss any underlying health issues or personal difficulties an employee may be facing. If an absence pattern becomes concerning, early intervention is key. Attendance review meetings allow employers to explore the reasons behind repeated absences and provide support where appropriate. If a medical condition is identified, reasonable adjustments may be required under the Equality Act 2010. If there is evidence of fraudulent or excessive absenteeism, a formal capability or disciplinary process may be necessary.

 

Encouraging attendance without penalising genuine illness

 

Some employers offer attendance incentives, such as an additional day of annual leave for those with perfect attendance. While this can be an effective way to encourage commitment, there is a risk that employees who are genuinely unwell may avoid taking necessary sick leave. Encouraging presenteeism—where employees work while unwell—can result in lower productivity, a higher risk of mistakes, and the spread of illness in the workplace. Any attendance-based reward system should have safeguards in place to ensure employees feel able to take time off when they genuinely need it.

 

Flexible working & alternative leave options

 

Flexible working arrangements can also help reduce absenteeism. Employees who struggle with lateness may be more likely to call in sick to avoid repercussions. By offering adjusted start and finish times or remote working options, employers can prevent unnecessary absences and improve overall productivity.

Some organisations also offer duvet days, which allow employees to take a small number of pre-approved personal leave days without having to justify their absence. Sometimes referred to as mental health days, these help employees manage stress, fatigue, or personal matters without resorting to calling in sick. While duvet days may not be suitable for every business, they can help reduce unplanned absences and support a healthier work-life balance.

 

Managing long-term absences

 

Long-term absences, such as serious illnesses, maternity leave, or family-related leave, require a different approach. Employers should maintain open communication with absent employees, ensuring they feel supported and keeping them informed about job security and return-to-work options. Phased returns, temporary role adjustments, and occupational health assessments should be considered before rushing into decisions about dismissal or replacement.

It is also crucial to maintain accurate records of long-term absences to ensure compliance with Statutory Sick Pay (SSP) requirements and any contractual sick pay entitlements. Regular check-ins can help employers assess when and how an employee might return to work while ensuring that the company remains legally compliant.

 

Unpaid leave & lay-offs

 

Employers should also have a consistent approach to unpaid leave. While there is no general statutory right to unpaid leave beyond specific entitlements, employers can allow discretionary unpaid leave based on business needs. It is important to clarify whether unpaid leave will impact pension contributions, holiday accrual, or other employee benefits.

In cases where employers need to temporarily lay off employees due to a downturn in work, it is essential to check whether employment contracts contain a lay-off clause. If an employee is laid off for more than four consecutive weeks (or six weeks within a 13-week period), they may have the right to apply for redundancy pay and resign. Employers should always assess the legal and financial implications of unpaid leave or lay-offs before making decisions.

 

Contingency planning for unexpected absences

 

Employers must be prepared for unforeseen events such as severe weather, transport strikes, or public health crises. Absence policies should clarify whether employees can work remotely, whether they need to take unpaid leave, or if other alternative work arrangements can be made. Having a business continuity plan in place ensures that workforce shortages do not cause major disruption.

 

Unauthorised absences from work

 

Employers have the right to expect that employees will attend work as required under their contract. When an employee fails to show up without approval or a valid reason, this is classed as unauthorised absence, which can have serious consequences for both the employer and the employee.

Unauthorised absences may take various forms, such as failing to return from annual leave, taking excessive time off without prior agreement, or repeatedly calling in sick without proper documentation. Employers should distinguish between genuine absences—such as illness requiring medical evidence—and persistent, unexplained absences that may indicate misconduct.

Under UK employment law, persistent unauthorised absences can be treated as misconduct and may justify disciplinary action, including dismissal in serious cases. However, employers must follow a fair and lawful process, including conducting an investigation and giving the employee the opportunity to explain their absence. Failure to follow proper procedures could result in claims of unfair dismissal or discrimination if the absence was linked to a protected characteristic under the Equality Act 2010, such as a disability.

Employers should first check whether the absence is due to unforeseen circumstances, such as a medical emergency or family crisis. Attempting to contact the employee promptly is essential to determine the reason for their absence. If an employee remains unreachable or fails to provide an acceptable explanation, the employer should conduct an absence review meeting to discuss their attendance and any underlying issues.

If unauthorised absence persists, formal disciplinary action may be necessary. The employer should follow their internal absence management policy, ensuring that warnings and potential dismissal comply with ACAS guidelines. A fair and transparent process reduces the risk of employment tribunal claims and helps maintain workplace discipline while addressing any legitimate employee concerns.

 

Need assistance?

 

DavidsonMorris’ HR and employment law specialists work with employers to support with compliant and effective workforce management, including advice on employee entitlement to time off work.  Contact us for specialist advice.

 

Leave of absence FAQs

 

What is a leave of absence?


A leave of absence is a period during which an employee is permitted to be away from work, which could be for medical, personal or family reasons. It can be paid or unpaid depending on the circumstances and company policy.

 

What does it mean when someone takes a leave of absence?
A leave of absence is where an employee takes time off work from their principal employment whilst maintaining their employment status.

 

How long can you take a leave of absence from work?

Employers will have different rules on what they view as a valid reason, length of time off, and whether it will be paid. Ultimately, unless your reason for leave is protected by law, whether you can take a leave of absence is at the employer’s discretion, notwithstanding any applicable discrimination rights.

 

When can employees request a leave of absence?

Employees can request a leave of absence for various reasons, such as illness, bereavement, family emergencies, or personal matters. Requests should be made in accordance with company policy and usually require approval.

 

How should employers handle leave of absence requests?

Employers should have a clear policy for requesting and approving leave of absence. They should assess each request individually, considering the reason, duration, and impact on the business, and communicate decisions promptly.

 

Are employers obligated to grant a leave of absence?

Employers are not always obligated to grant a leave of absence unless it is covered by statutory rights, such as maternity leave, paternity leave, or sickness absence. However, they should consider each request fairly.

 

What are the statutory rights related to leave of absence?


Statutory rights in the UK include maternity, paternity, adoption, shared parental leave, and sick leave. Employees are entitled to these under specific conditions outlined by law.

 

How should employers manage an employee’s return from a leave of absence?


Employers should facilitate a smooth return to work by offering a return-to-work interview, addressing any concerns, and providing necessary support. Adjustments may be needed to help the employee reintegrate.

 

Can employees take a leave of absence for educational purposes?


Employees can request a leave of absence for educational purposes, such as attending courses or exams. Approval is at the employer’s discretion and should align with company policy, for example, if the organisation offers study leave for such purposes.

 

What documentation should employees provide for a leave of absence?


Employees may need to provide documentation such as medical certificates, bereavement proof, or educational enrolment forms, depending on the reason for the leave. Employers should specify required documentation in their policy.

 

How does a leave of absence affect employee benefits?


The impact on benefits depends on company policy and the type of leave. Statutory leaves often come with protected benefits, while other types may lead to adjustments in benefits, which should be communicated clearly to the employee.

 

Can a leave of absence be extended?

A leave of absence can be extended if the employee’s circumstances require it and the employer approves. Employees should request extensions in writing, providing reasons and any necessary documentation.

 

Glossary

 

 

Term	Definition
Leave of Absence	A period of authorised time off work, which may be paid or unpaid, granted for personal, medical, or professional reasons.
Statutory Leave	Legally mandated time off, such as maternity, paternity, shared parental, or adoption leave.
Discretionary Leave	Time off granted at the employer’s discretion, including sabbaticals, career breaks, or unpaid personal leave.
Annual Leave	Paid holiday entitlement that employees accrue based on their working hours, as required under the Working Time Regulations 1998.
Sick Leave	Absence due to illness or injury, which may be covered by Statutory Sick Pay (SSP) or employer-provided sick pay.
Maternity Leave	Legally protected leave for pregnant employees and new mothers, typically lasting up to 52 weeks.
Paternity Leave	Time off granted to a new father or partner following the birth or adoption of a child.
Unpaid Leave	Time off where the employee does not receive wages, often for personal or medical reasons beyond statutory entitlements.
Compassionate Leave	Time off granted in the event of a close family member’s death or serious illness, which may be paid or unpaid.
Flexible Working	Arrangements that allow employees to adjust their working hours or patterns, which may include taking time off as needed.
Employment Contract	A legal agreement outlining an employee’s rights and responsibilities, including leave entitlements.
Reasonable Adjustments	Modifications made by an employer to accommodate employees with disabilities, including extended leave if necessary.
Furlough	A temporary leave of absence where an employee remains employed but is not required to work, often used during economic downturns.
Employment Tribunal	A legal body that resolves disputes between employees and employers, including those related to leave entitlements.