Statutory Legal Basis
Under United Kingdom employment law, special leave encompasses various statutory and contractual entitlements that allow employees to take time off work for urgent personal, family, or civic reasons outside of their standard statutory annual leave (5.6 weeks under the Working Time Regulations 1998):
- Emergency Time Off for Dependants: Under Section 57A of the Employment Rights Act 1996 (ERA 1996), employees have a day-one statutory right to take a reasonable amount of unpaid time off to deal with unforeseen emergencies involving a dependant (such as a spouse, partner, child, parent, or someone who reasonably relies on them for care).
- Statutory Parental Bereavement Leave (Jack's Law): Under the Parental Bereavement (Leave and Pay) Act 2018, employed parents who lose a child under the age of 18, or suffer a stillbirth after 24 weeks of pregnancy, are entitled to 2 weeks of statutory leave, with Statutory Parental Bereavement Pay (SPBP) subject to qualifying service and earnings thresholds.
- Public Duties & Jury Service: Under Section 50 of the ERA 1996, employees are entitled to reasonable time off for specific public duties (e.g. serving as a magistrate, local councillor, or school governor). Jury service is governed under the Juries Act 1974.
- Carer's Leave: Under the Carer's Leave Act 2023, employees have a day-one statutory right to up to one week of unpaid leave per rolling 12-month period to provide or arrange care for a dependant with a long-term care need.
Typical Occasions
| Occasion | Customary / Statutory Duration | Pay Status (Statutory vs Customary) |
|---|---|---|
| Emergency time off for dependants (Section 57A ERA 1996) | 1–2 days (reasonable time to arrange care) | Unpaid statutorily; employer discretion / contractual |
| Bereavement of an immediate family member | 1–5 days (customary compassionate leave) | Contractual / discretionary policy |
| Death of a child under 18 / stillbirth (Parental Bereavement Leave) | 2 weeks | Statutory pay (SPBP) if eligible, or unpaid |
| Employee's own wedding / civil partnership | 1–3 days | Contractual / discretionary policy |
| Partner's antenatal appointments (Section 57ZE ERA 1996) | Up to 2 appointments (max 6.5 hours each) | Statutory unpaid leave |
| Jury service / public civic duties | Duration of service / summons | Unpaid by employer (court allowances apply) unless contracted |
| House move / residential relocation | 1 day | Contractual / discretionary policy |
Statutory emergency leave is designed to allow an employee to handle immediate crises and arrange alternative care; it does not provide an entitlement to take prolonged ongoing time off without mutual agreement.
Contractual Policies & Discretionary Compassionate Leave
Aside from specific statutory provisions such as Parental Bereavement Leave, there is no blanket statutory right to be paid during compassionate leave or emergency leave for dependants in the UK:
- Contractual Entitlements: Employers frequently offer enhanced compassionate or bereavement leave policies within the staff handbook or employment contract, outlining a defined number of paid days.
- ACAS Best Practice Guidance: The Advisory, Conciliation and Arbitration Service (ACAS) advises employers to maintain a clear, transparent compassionate leave policy specifying notification requirements, whether leave is paid, and how requests are assessed to ensure fairness and avoid indirect discrimination.
Unpaid Extended Leave & Sabbaticals
Extended periods of leave — such as a career break, sabbatical, voluntary service, or extended overseas travel — are not statutory rights and require a formal mutual agreement between employer and employee.
Key aspects to clarify and record in a written variation of contract include:
- Continuity of Employment: Confirming whether the period of unpaid leave counts towards continuous service under the Employment Rights Act 1996.
- Benefits & Pension Contributions: Clarifying the treatment of occupational pension contributions, private healthcare, and life assurance during the unpaid break.
- Statutory Annual Leave Accrual: Confirming annual leave accrual obligations under the Working Time Regulations 1998 during extended absences.
- Return to Work Guarantees: Documenting whether the employee is guaranteed their exact role, a suitable alternative role, and agreed notice intervals for returning to work.
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