Allowing time off work

Paid and unpaid statutory time-off rights for workers

Guide

The table below shows whether you are legally obliged to pay an employee or worker for time off due to a particular reason.

Reason for the time off All workers or employees only? Statutory or discretionary? Must the time off be paid?
Reason for the time off

Annual leave - 5.6 weeks

All workers or employees only?

All workers

Statutory or discretionary?

Statutory

Must the time off be paid?

Yes

Reason for the time off

Bank and public holidays *

All workers or employees only?

All workers

Statutory or discretionary?

Discretionary

Must the time off be paid?

No, unless it is part of the minimum statutory annual leave entitlement

Reason for the time off

Training/continuing education for 16-18 year olds

All workers or employees only?

Employees only

Statutory or discretionary?

Statutory

Must the time off be paid?

Yes

Reason for the time off

Training to be, and working as, a representative of employee safety

All workers or employees only?

Employees only

Statutory or discretionary?

Statutory

Must the time off be paid?

Yes

Reason for the time off

Training to be, and carrying out duties as, a pension scheme trustee

All workers or employees only?

Employees only

Statutory or discretionary?

Statutory

Must the time off be paid?

Yes

Reason for the time off

Training for, and carrying out, trade union duties, including as a union learning and union safety representative

All workers or employees only?

Employees only

Statutory or discretionary?

Statutory

Must the time off be paid?

Yes

Reason for the time off

Carrying out trade union activities

All workers or employees only?

Employees only

Statutory or discretionary?

Statutory

Must the time off be paid?

No

Reason for the time off

Training for, and carrying out duties as, a union representative

All workers or employees only?

Employees only

Statutory or discretionary?

Statutory

Must the time off be paid?

Yes

Reason for the time off

Accompanying a colleague at a disciplinary/grievance/
flexible working request

All workers or employees only?

All workers

Statutory or discretionary?

Statutory

Must the time off be paid?

Yes

Reason for the time off

Carrying out duties as an employee representative in a collective redundancy situation - including making arrangements to be elected and training as such a representative

All workers or employees only?

Employees only

Statutory or discretionary?

Statutory

Must the time off be paid?

Yes

Reason for the time off

Carrying out duties as an employee representative in a Transfer of Undertakings (Protection of Employment) (TUPE) transfer situation - including making arrangements to be elected and training as such a representative

All workers or employees only?

Employees only

Statutory or discretionary?

Statutory

Must the time off be paid?

Yes

Reason for the time off

Carrying out duties as a negotiating representative or information and consultation representative

All workers or employees only?

Employees only

Statutory or discretionary?

Statutory

Must the time off be paid?

Yes

Reason for the time off

Jobhunting/training when being made redundant

All workers or employees only?

Employees only

Statutory or discretionary?

Statutory

Must the time off be paid?

Yes

Reason for the time off

Carrying out duties as a member of a special negotiating body or European works council, or an information and consultation representative - including making arrangements to be elected as such a member or representative

All workers or employees only?

Employees only

Statutory or discretionary?

Statutory

Must the time off be paid?

No

Reason for the time off

Suspension from work on medical grounds

All workers or employees only?

Employees only

Statutory or discretionary?

Statutory

Must the time off be paid?

Yes, for employees with at least one month's service, and for a maximum of six months

Reason for the time off

Suspension from work on maternity grounds

All workers or employees only?

Employees only

Statutory or discretionary?

Statutory

Must the time off be paid?

Yes

Reason for the time off

Emergencies involving a dependant

All workers or employees only?

Employees only

Statutory or discretionary?

Statutory

Must the time off be paid?

No

Reason for the time off

Maternity leave (52 weeks)

All workers or employees only?

Employees only

Statutory or discretionary?

Statutory

Must the time off be paid?

Yes (39 of the 52 weeks - subject to certain qualification criteria) **

Reason for the time off

Paternity leave (single block of one or two consecutive weeks - subject to certain qualification criteria)

All workers or employees only?

Employees only

Statutory or discretionary?

Statutory

Must the time off be paid?

Yes - subject to certain qualification criteria **

Reason for the time off

Adoption leave (52 weeks - subject to certain qualification criteria)

All workers or employees only?

Employees only

Statutory or discretionary?

Statutory

Must the time off be paid?

Yes (39 of the 52 weeks - subject to certain qualification criteria) **

Reason for the time off

Parental leave (subject to certain qualification criteria)

All workers or employees only?

Employees only

Statutory or discretionary?

Statutory

Must the time off be paid?

No

Reason for the time off Parental bereavement leave All workers or employees only? Employees only Statutory or discretionary? Statutory Must the time off be paid? Yes, subject to certain qualification criteria
Reason for the time off

Antenatal care

All workers or employees only?

Employees only

Statutory or discretionary?

Statutory

Must the time off be paid?

Yes

Reason for the time off

Compassionate leave, eg to attend the funeral of a non-dependant

All workers or employees only?

All workers

Statutory or discretionary?

Discretionary

Must the time off be paid?

No

Reason for the time off

Visiting a sick relative

All workers or employees only?

All workers

Statutory or discretionary?

Discretionary

Must the time off be paid?

No

Reason for the time off

Moving house

All workers or employees only?

All workers

Statutory or discretionary?

Discretionary

Must the time off be paid?

No

Reason for the time off

Religious observance

All workers or employees only?

All workers

Statutory or discretionary?

Discretionary

Must the time off be paid?

No - but avoid discrimination on the grounds of religion/belief

Reason for the time off

Carrying out public duties, eg as a magistrate, school governor, or member of a local authority

All workers or employees only?

Employees only

Statutory or discretionary?

Statutory

Must the time off be paid?

No

Reason for the time off

Jury service

All workers or employees only?

All workers

Statutory or discretionary?

Statutory

Must the time off be paid?

No

Reason for the time off

Territorial Army and reservist training

All workers or employees only?

All workers

Statutory or discretionary?

Discretionary

Must the time off be paid?

No

Reason for the time off

Active duty as a reservist

All workers or employees only?

All workers

Statutory or discretionary?

Discretionary

Must the time off be paid?

No

Reason for the time off

Extended leave/sabbatical

All workers or employees only?

All workers

Statutory or discretionary?

Discretionary

Must the time off be paid?

No


* You must set out arrangements for working on public and bank holidays in each worker's written statement of employment particulars, including whether or not time off on such days will be paid or unpaid. See the employment contract.

** You can claim most or all of this statutory payment back from HM Revenue and Customs - see statutory leave and pay entitlements.