Introduction to Leave Rights
Leave rights are legal entitlements that allow employees to take time off work for various reasons, while protecting their job and, in many cases, their pay. These rights are a crucial part of workplace protections in the UK, helping employees balance their work with personal needs, family responsibilities, and health.
Under UK law, employees are entitled to several key types of leave. The main categories include annual leave (paid holiday), sick leave, maternity and paternity leave, and leave for caregivers. Each type of leave is governed by specific rules, such as the minimum amount of paid holiday under the Working Time Regulations 1998, or statutory rights for parents under the Employment Rights Act 1996.
Understanding your leave rights is important not only for making the most of your entitlements, but also for ensuring your employer meets their legal obligations. Employers must follow the law when handling leave requests, calculating pay, and protecting employees from unfair treatment related to taking time off.
This page provides an overview of the different types of leave available, what you can expect when requesting time off, and where to find more detailed guidance on each type of leave. For a broader look at your protections in the workplace, you can also explore our section on Employee Rights.
Types of Leave Covered by UK Law
UK employment law sets out several types of leave that employees may be entitled to, either as a legal right (statutory leave) or through additional agreements with their employer (contractual or discretionary leave). Understanding these categories can help you know what time off you can legally request and what your employer’s obligations are.
Statutory Leave: Statutory leave is the minimum amount of time off that employers must provide by law. The main types of statutory leave include:
Annual Leave: Most workers are entitled to a minimum of 5.6 weeks’ paid holiday each year under the Working Time Regulations 1998.
Sick Leave: Employees have the right to take time off when they are ill. Statutory Sick Pay (SSP) is available if certain eligibility conditions are met, as set out in the Social Security Contributions and Benefits Act 1992.
Maternity Leave: Pregnant employees are entitled to up to 52 weeks of maternity leave, with statutory maternity pay available for up to 39 weeks, governed by the Employment Rights Act 1996 and related regulations.
Paternity Leave: Eligible fathers or partners can take up to two weeks’ paternity leave following the birth or adoption of a child, as outlined in the Paternity and Adoption Leave Regulations 2002.
Adoption Leave: Employees adopting a child are entitled to similar rights as maternity leave, including up to 52 weeks’ leave and statutory adoption pay.
Parental Leave: Parents can take up to 18 weeks of unpaid parental leave for each child before they turn 18, under the Maternity and Parental Leave etc. Regulations 1999.
Shared Parental Leave: Parents can share up to 50 weeks of leave and 37 weeks of pay following the birth or adoption of a child, as set out in the Shared Parental Leave Regulations 2014.
Time Off for Dependants: Employees have the right to take a reasonable amount of unpaid time off to deal with emergencies involving dependants, under the Employment Rights Act 1996.
Contractual and Discretionary Leave: Some employers offer additional leave beyond the statutory minimum. This could include enhanced sick pay, extra holiday entitlement, sabbaticals, or compassionate leave. These benefits are set out in your employment contract or staff handbook and are at the discretion of your employer. They are not required by law, but once agreed, they become part of your contractual rights.
Each type of leave has specific rules about eligibility, notice, and pay. For more detailed information about your rights and how to apply for each type of leave, explore the dedicated pages for each category.
Annual Leave (Holiday Entitlement)
Under UK law, most employees are entitled to a minimum amount of paid annual leave, often referred to as holiday entitlement. The statutory minimum is 5.6 weeks’ paid holiday per year, which works out as 28 days for someone working a standard five-day week. This entitlement is set out in the Working Time Regulations 1998 and applies to both full-time and part-time employees, although part-time workers receive a pro-rata amount based on their working hours.
Holiday entitlement usually begins to build up from the first day of employment. Employers must make sure that staff can take their holiday during the leave year, and they cannot replace statutory holiday with extra pay, except in cases where employment ends.
When it comes to taking leave, employees should follow their employer’s procedures for requesting time off. Employers can set rules about when leave can be taken, but they must not prevent employees from using their full statutory entitlement within the year. Holiday pay should reflect a worker’s normal pay, including regular overtime or commission, where applicable.
Employers have a legal duty to keep records of holiday taken and to ensure that staff are aware of their rights. For a detailed explanation of how annual leave is calculated, how to book time off, and what to expect regarding holiday pay, visit our Holiday Entitlement page.
Sick Leave and Sick Pay
If you are too unwell to work, UK law gives you the right to take time off. Most employees are entitled to Statutory Sick Pay (SSP) if they meet certain conditions. SSP is the minimum amount your employer must pay you when you are off work due to illness, as set out by the Employment Rights Act 1996.
To qualify for SSP, you must be classed as an employee, earn at least the lower earnings limit (which changes each tax year), and have been off sick for at least four consecutive days (including non-working days). SSP is paid for up to 28 weeks. Some employers may offer more generous sick pay schemes, but they cannot provide less than the statutory minimum.
When you are off sick, it is important to follow your employer’s sickness reporting procedure. Usually, you need to inform your employer as soon as possible and provide evidence of your illness, such as a fit note from your doctor if you are off for more than seven days.
Employers are responsible for making sure SSP is paid correctly and for explaining any additional company sick pay policies. Employees should always check their employment contract or staff handbook for specific rules.
For a detailed explanation of your rights, eligibility for sick pay, and what to expect when reporting sickness, see our Sick Leave & Sick Pay page.
Maternity, Paternity and Parental Leave
UK law provides important rights for parents and carers to take time off work for family reasons. These include maternity leave for mothers, paternity leave for partners, and parental leave for ongoing childcare needs. Understanding your entitlements and the process for requesting leave can help ensure you make the most of these protections.
Most employees are entitled to up to 52 weeks of maternity leave, regardless of how long they have worked for their employer. This leave is split into Ordinary Maternity Leave (the first 26 weeks) and Additional Maternity Leave (the following 26 weeks). Statutory Maternity Pay or Maternity Allowance may be available, depending on your employment status and earnings. During maternity leave, your job is protected, and you have the right to return to work.
Eligible partners can take up to two weeks of paternity leave following the birth or adoption of a child. To qualify, you must have worked for your employer for at least 26 weeks by the 15th week before the baby is due (or by the time you are matched with a child for adoption). Statutory Paternity Pay may be available during this period.
Parental leave allows eligible parents to take up to 18 weeks of unpaid leave for each child, up to their 18th birthday. This leave is usually taken in blocks of one week, and you must have been with your employer for at least a year to qualify.
During maternity, paternity, and parental leave, employees are protected against unfair treatment and dismissal. Employers must keep your job open or offer a suitable alternative if your role changes. Employees are required to give their employer advance notice before taking leave—usually at least 15 weeks before the baby is due for maternity leave, and as soon as possible for paternity and parental leave.
For a full breakdown of eligibility, pay entitlements, and how to request leave, visit our detailed guide on Maternity, Paternity & Parental Leave.
Caregiver Leave
Caregiver leave allows employees to take time off work to care for a dependent or family member who needs support due to illness, injury, or an emergency. Under UK law, employees have the right to take a reasonable amount of time off to deal with unexpected situations involving dependents. This includes caring for children, partners, parents, or anyone who relies on the employee for care.
Caregiver leave is usually unpaid, but employers cannot penalise or dismiss employees for taking it, as these rights are protected by the Employment Rights Act 1996. The law ensures that you can take time off for emergencies or to make longer-term care arrangements without fear of losing your job.
There are specific rules about who counts as a dependent and what situations qualify for caregiver leave. If you want to learn more about your rights, how to request time off, and what protections are in place, visit our dedicated Caregiver Leave page for detailed guidance.
Employer Responsibilities and Employee Expectations
Employers in the UK have clear legal duties when it comes to supporting employees’ rights to take leave. Under laws such as the Employment Rights Act 1996 and the Equality Act 2010, employers must provide the minimum statutory entitlements for various types of leave, including annual leave, sick leave, and family-related leave. This means ensuring employees are aware of their rights, maintaining accurate records, and not discouraging anyone from taking time off they are entitled to.
When requesting leave, employees are usually expected to follow their workplace’s policies, which may include giving a certain amount of notice and submitting requests in writing. Employers should make these processes clear and accessible, so staff know exactly how to ask for time off. It’s important that all leave requests are considered fairly, without bias or preference, and that decisions are based on consistent criteria.
Employers must not discriminate against employees because they have taken or requested leave. Treating someone unfairly or dismissing them for exercising their right to leave is unlawful. The Equality Act 2010 specifically protects employees from unfair treatment linked to protected characteristics, such as pregnancy, disability, or caring responsibilities. Understanding workplace discrimination is essential for both employers and employees to ensure everyone is treated fairly.
Flexible work arrangements and accommodations can also play a key role in supporting employees who need to take leave or balance work with other responsibilities. Employers are encouraged to consider requests for flexible hours, remote working, or other adjustments that help staff manage their commitments.
If you believe you have been treated unfairly or dismissed because of taking leave, you have legal protection and the right to challenge such actions. Knowing your rights and your employer’s responsibilities helps ensure a fair and supportive workplace for everyone.
Related Employee Rights and Protections
Understanding your rights to take leave is just one part of a broader set of protections for employees in the UK. To ensure you’re fully informed, it’s helpful to explore other key workplace rights that often connect with leave entitlements.
For example, your right to Payment Rights is closely linked to leave. Statutory regulations like the Employment Rights Act 1996 set out how you should be paid during different types of leave, including holiday pay, statutory sick pay, and parental leave pay.
Your wellbeing at work is also protected through Workplace Safety laws. If you need to take leave due to a workplace injury or stress, health and safety rules—such as those in the Health and Safety at Work Act 1974—ensure your right to a safe environment and support your ability to recover.
Taking time off may involve sharing personal information with your employer. The Employee Privacy & Data Protection page explains how your data should be handled according to the UK General Data Protection Regulation (UK GDPR), especially when providing medical certificates or other sensitive information.
In some cases, you may need to speak up about problems at work that affect your right to leave. The Whistleblowing & Employee Protections section outlines your rights if you raise concerns about unlawful practices, such as being denied leave unfairly or facing discrimination.
Finally, while annual leave and sick leave are important, so too are your rights to Rest Breaks during the working day. The Working Time Regulations 1998 guarantee regular breaks to support your health and productivity.
Exploring these related topics will help you gain a complete picture of your rights at work and make informed decisions about your employment.
