Employees, and other types of workers, have a range of rights to time off work. While most of these rights are only available to employees, some are available to all workers. Note that some of this time off must be paid.

Annual leave and other time off

For example, you must give every worker paid annual leave of at least 5.6 weeks - 28 working days for those working a five or six-day week. This can include bank holidays and public holidays.

However, you must not dismiss or subject a worker to any detriment if:

• they try to use their statutory rights to time off
• you think they are planning to use one of these rights

Where a worker does not have the statutory right to time off, or has the right but the time off is unpaid, you can choose to:

• allow that time off
• pay them for the time off

For more information, see our table on paid and unpaid statutory time-off rights for employees and other workers.

In certain situations, employees have the right to paid time off to act as a trade union or employee representative for the purposes of information and consultation between staff and the employer.

Collective redundancy situations - time off for consultation

Trade union or elected employee representatives have the right to reasonable paid time off to attend information and consultation meetings during a collective redundancy situation.

For more information, see redundancy: the options.

Business transfer situations - time off for consultation

If you are selling your business (or part of your business), trade union or elected employee representatives have the right to reasonable paid time off to attend information and consultation meetings.

For information on business transfer situations and employees, see responsibilities to employees if you buy or sell a business.

In both collective redundancy and business transfer situations, you must allow employees paid time off where they are:

• standing in an election to become an employee representative
• undertaking training as such a representative

Read more on working with non-union representatives.

Information and consultation agreements

Negotiating representatives have the right to reasonable paid time off for meetings to set up an information and consultation (I&C) arrangement.

I&C representatives have the right to reasonable paid time off to exercise their duties.

The same right applies to members of a special negotiating body or European Works Council.

For more information, see inform and consult your employees.

Employees can have paid time off to:

• receive training and/or look for a new job if being made redundant
• receive training for certain job-related roles
• carry out certain job-related duties

Young employees are entitled to paid time off for training if they meet specific criteria.

Basic training/continuing training for young workers

Employees aged 16 and 17 years old who did not reach a certain standard of education at school have the right to reasonable time off with pay while studying for a qualification that will help them reach that standard.

If they turn 18 years old while studying, they have the right to complete the course.

Time off for job-seeking/retraining in a redundancy situation

An employee with at least two years of continuous service who is being made redundant can take reasonable time off with pay to look for another job, or to arrange training. The employer does not have to pay more than two-fifths of a week's pay no matter how much time off they give the employee. For more information, see redundancy: the options.

Time off for carrying out duties for certain job-related roles

Employees have the right to paid time off to carry out:

• duties as a representative of employees' safety - see appoint a competent person for health and safety
• pension scheme trustee training and duties
• trade union training and duties, including as a union learning representative and a union safety representative - read more on trade union membership rights

Time off for trade union activities

You must give employees who are union representatives of an independent trade union recognised by the employer reasonable paid time off for carrying out union duties and for any training relating to their trade union duties.

Union duties are those matters covered by collective bargaining agreements between the employer and the trade union eg duties concerned with functions related to, or connected with, terms and conditions of employment, etc.

There is no statutory requirement to pay for time off where the duty is carried out at a time when the union representative would not otherwise have been at work, unless the union representative works flexible hours, such as night shift, but is required to perform representative duties during normal hours.

Union representatives and employees who are trade union members of an independent trade union recognised by the employer are entitled to reasonable unpaid time off for carrying out union activities. However, employers may consider payment in certain circumstances, for example, to ensure that workplace meetings are fully represented.

Union activities include:

• voting in union elections
• meeting full-time officials to discuss issues relevant to the workplace
• attending workplace meetings to discuss and vote on the outcome of negotiations

Time off to accompany a colleague at a disciplinary, grievance, flexible working hearing

Workers - not just employees - have the right to paid time off to accompany a colleague who is:

• the subject of a disciplinary hearing
• attending a hearing relating to a grievance they have raised
• attending a hearing relating to a flexible working request they have made

Employees, or agency workers who have worked for 12 continuous weeks in the same job with the same hirer, who are pregnant, new mothers, and adoptive parents - and the partners of such employees - may be entitled to statutory time off around the birth or adoption of their child. Some of this time off is paid if the employee qualifies.

Time off for antenatal care and maternity leave

An employee who becomes pregnant is entitled to:

• paid time off during working hours for antenatal care before maternity leave begins
• be suspended on full pay before maternity leave begins if her job poses a risk to her and/or her unborn baby and there is no suitable alternative work for her
• 52 weeks statutory maternity leave (SML)

She is entitled to statutory maternity pay for the first 39 weeks of SML - but only if she meets certain qualifying criteria.

For more information, see pregnancy at work and maternity leave and pay.

Time off for antenatal care - partner

Since 5 April 2015, employees who are the husband or partner (including same-sex partner) of a pregnant woman, or are the father of the expected child, or either of the intended parents who are expecting a child from a surrogate mother and who are eligible for and intend to apply for a Parental Order (or have obtained such an Order), are entitled to take unpaid time off work to accompany the pregnant woman to up to two of her antenatal appointments.

The time off is capped at 6.5 hours for each appointment. No qualifying service is required.

Adoption leave

If they meet certain qualifying criteria, an employee when adopting a child is entitled to:

• 52 weeks' statutory adoption leave
• 39 weeks' statutory adoption pay

For more information, see adoption leave and pay.

See also employers' maternity, paternity and adoption calculator.

Time off - pre-adoption appointments

From 5 April 2015, employees who are the primary adopters of a child are entitled to paid time off to attend five appointments after being notified of a match for adoption.

Also from this date, employees who are secondary adopters are entitled to unpaid time off to attend two appointments after being notified of a match for adoption. This is capped at 6.5 hours for each appointment. No qualifying service applies.

Note that in Northern Ireland, in exceptional cases, time off for pre-adoption appointments may also be granted where an adoption agency intends to place a child with approved foster parents who are also approved prospective adopters.

The agency will supply the foster parents with correspondence which can be shown to the employer explaining that they have met the relevant criteria for being matched with the child for the purposes of taking time off, as well as, other entitlements open to adopters.

Paternity leave

If they meet certain qualifying criteria, an employee who is the partner of either a new mother or a main adoptive parent is entitled to:

• take a single block of either one week or two consecutive weeks' paternity leave on the birth or adoption of the child
• one or two weeks' statutory paternity pay

Read more on paternity leave and pay.

Shared parental leave

Eligible employees can take shared parental leave.

Read more on shared parental leave and pay.

Parental leave

An employee who is a parent is entitled to take 18 weeks of unpaid parental leave. The leave must be taken before the child's 18th birthday and employees can take a maximum of four weeks' leave in any year in respect of any individual child.

To qualify for parental leave, the employee must have at least one year's continuous service with you at the time they wish to take the leave.

For more information, see parental leave and time off for dependants.

Parental bereavement leave

An employee may be eligible for Statutory Parental Bereavement Leave if they or their partner either:

• has a child who has died under 18 years old
• had a stillbirth after 24 weeks of pregnancy

The death or stillbirth must have happened on or after 6 April 2022.

An employee can take 2 weeks leave from the first day of their employment for each child who has died or was stillborn.

They can choose to take:

• 2 weeks together
• 2 seperate weeks of leave
• only one week of leave

The leave:

• can start on or after the date of the death or stillbirth
• must finish within 56 weeks of the date of the death or stillbirth

For more information, see parental bereavement leave and pay.

All employees are entitled to reasonable unpaid time off to deal with an emergency involving a dependant. It can be paid if their employment contract says so, and they will not have to make the time up later on, typically in these arrangements.

A dependant normally means a partner, children, or close family members, but could also mean someone else, such as a frail neighbour who is looked after by an employee.

For more information, see parental leave and time off for dependants.

Leave for other reasons

Workers may want time off for personal reasons, eg to:

• move house
• attend a wedding
• when someone gets ill or injured
• carry out house renovations
• attend a religious ceremony/event
• deal with a family problem, eg a divorce
• attend a doctor's or dentist's appointment
• attend the funeral of a friend or non-dependant relative

There is no statutory right to this time off. You should have a written policy to cover these situations or you could agree to a period of unpaid leave. Alternatively, you could suggest that the employee use any holiday entitlement they may have.

Read more on the advantages of managing your staff's time off work.

Extended leave/career breaks

If you wish to allow employees to take extended leave or career breaks you should have a policy in place for extended leave/career breaks, eg where an employee wants a year away from work to get a qualification or spend time with their family.

The policy should cover:

• how long the leave can last
• how the leave can be used
• how you will continue to communicate with the employee
• whether you can guarantee they will return to the same job
• what happens if a redundancy situation arises while they are away
• whether or not the time away will count towards their continuous employment or break the continuity of employment
• the application procedure, including the amount of notice the employee must give and how to appeal if you reject the request
• notice that is required advising of a return to work

You should also be aware that an employee may make a request for a career break as part of a statutory request for flexible working. See flexible working: the law and best practice.

Employees holding certain public positions are entitled to reasonable unpaid time off to perform their duties. These roles include:

• Lay Magistrate, sometimes known as a justice of the peace
• a member of a district council, the Northern Ireland Library Authority (Libraries NI), relevant health or education bodies, a policing and community safety partnership, or a district policing and community partnership
• member of any statutory tribunal, an environmental agency, or of the boards of prison visitors

Time off for public duties - nidirect guidance.

Employees can refer their complaint for determination by an industrial tribunal or statutory arbitration if they are unreasonably refused time off for public duties or dismissed for asserting the right to time off for public duties.

Jury service

You must not dismiss an employee or subject them to a detriment for having been summoned to participate in jury service.

The employee would not need a year's continuous employment to lodge an unfair dismissal claim - and any such dismissal would be seen to be automatically unfair by an industrial tribunal.

Employees are not protected against unfair dismissal if after you have told them you believe your business will be seriously harmed by their absence, they unreasonably refuse or fail to apply to have their jury service deferred or to be excused from it. Not all applications are granted, this is subject to a judicial decision.

You do not have to pay staff while they are doing jury service, unless the employee's contract permits this. An employee who is not paid during absence from work on jury service may however claim compensation for loss of earnings from the court. This will require the employer to complete a certificate showing the employee's loss of earnings. An allowance sheet outlining the maximum amounts allowable for loss of earnings is handed out to the members of the jury pool on the first day of service. See jury service - nidirect guidance.

To learn more about your responsibilities as an employer of a juror, see information for employers of jurors.

Lay Magistrate duty

You must allow employees who are lay magistrates time off to perform their duties.

While you are not legally required to pay employees on lay magistrate service, many employers choose to do so.

There is a statutory obligation for employers to allow jurors to attend court. If you have an employee who has been selected to serve as a juror, it may have a significant effect on their ability to attend their place of work.

Length of jury service

Jurors usually try the more serious criminal cases that are heard at the Crown Court, such as assault, burglary, fraud, or murder. Juries are also sometimes required at Coroner's Inquests. The majority of individual trials last only a few days, however, a typical jury can remain in place for up to four weeks (during this time, the same juror can be selected to sit on more than one trial).

Some trials, however, can take weeks, or even months, to complete. It is difficult to estimate at the outset exactly how long each witness' evidence will last or what factors may delay or reduce the length of the trial and the estimated length can change at any stage. You should bear this in mind when making plans for staff cover during periods of absence because of jury service.

The court will keep the jurors informed of the estimated length of the trial as it progresses. If at any time you have any queries you can contact the relevant court office - see jury panel information from the Department of Justice.

Jury selection

All jurors are selected entirely at random, from the initial selection of people from the electoral register through to the selection of the 12 jurors who form the jury. Usually, a panel of 15 to 18 potential jurors is taken to the court at the start of a trial from which the 12 jurors are selected.

For a long trial, however, the trial judge may request a larger panel. Jurors will not be excused from jury service unless they have a valid reason. It is for the judge to decide whether there is a valid reason for excusal from jury service.

Contact with your employee during their jury service

There may be occasions during the course of the trial when the court is not sitting and the jurors are not required. Jurors are encouraged to keep in contact with their employers during such breaks, either by temporarily returning to work (if they are allowed to by their employer), or discussing with a colleague or manager anything work-related which has occurred in their absence. They are not allowed to discuss the details of the case with anyone.

Allowances

Jurors' allowances are set by law and the court has no discretion to exceed them. Allowances cannot be paid to anyone other than the juror. A claim form entitled 'Claim for Payment' is included with the summons for jury service. An information leaflet entitled 'Allowances for Jury Service' is handed out on the first day of service. You may also request a hard copy by contacting the Customer Service Centre on Tel 0300 200 7812 or you can read further details about claiming juror allowances. Jurors can claim three types of allowance: travel; subsistence allowance; and financial loss.

Travel

Reimbursement of standard rate public transport fares, or a set mileage rate if the juror has to drive.

Subsistence allowance

An allowance of up to £5.71 if they are away from home / work over five hours but less than ten hours, or up to £12.17 if they are away from home for longer than ten hours. This meal allowance is only payable if a meal is not provided at public expense. Receipts for any meals bought in these circumstances must be provided and the juror can only claim for the amount spent up to the maximum of the appropriate allowance. Most courthouses provide jury lunches when required.

Financial loss (Including loss of earnings)

Financial loss, which incorporates any loss of earnings, reimburses any loss as a direct result of jury service up to daily maximum limits. The maximum payable doubles from the 11th day of jury service onwards. The maximum limits are for total financial loss so if, for example, a juror is claiming for loss of earnings and childcare on the same day then the maximum relates to the combined loss.

The maximum rates are:

For the first ten days

• For a period not exceeding four hours: £32.47
• For a period of more than four hours: £64.95

From the 11th day onwards

The maximum limit increases to £129.91 per day.

The maximum limits are for combined/total financial loss to include:

• loss of earnings
• childcare
• National Insurance contributions
• pension contributions

If a juror is not being fully paid whilst on jury service they can claim back any shortfall up to the daily maximum. If they are losing more than the maximum, the balance cannot be paid by the court.

If a juror losing earnings wishes to claim financial loss, you as their employer must complete the 'Employer's Certificate' at the back of the claim form on the jury summons, certifying their net daily loss. If they do not earn the same rate each day then an average figure should be used.

The court cannot reimburse loss of earnings without a valid 'Employer's Certificate'. Payment by the Courts and Tribunals Service is made to the juror and any arrangement for employers to recoup wages is a matter between the juror and their employer.

Employers topping up loss of earnings

Many employers with an employee on jury service will continue to pay them whilst on jury service. Other employers will not pay those employees entitled to full reimbursement by the court but will top up the loss for those losing more than the maximum.

For example, if a juror earns £80.00 per day net, but can only claim £64.95 per day in the first ten days, the employer may pay the juror £15.05 net so they do not lose out.

National Insurance contributions whilst on jury service

Your employee may wish to make a National Insurance contribution for the weeks when they were not able to work because they were on jury service and claim it back under the financial loss allowance. This will apply if you do not pay them whilst they are on jury service or if any earnings they receive are less than the Lower Earnings Limit for National Insurance contributions. This is £123 per week for the 2023-24 tax year.

Even if they had lower earnings during the period of jury service, they may not need to be credited with contributions. Because employees' National Insurance contributions are earnings-related, it is possible to pay sufficient for the tax year to count towards future state pension entitlement in a much shorter period. They need only apply for contributions to be credited for periods of jury service to make up their record if they are told that they have a deficient record for the tax year in question, either when they make a claim for benefit in the future or they get a deficiency notice.

Pension contributions

If you are paying a contribution towards your employee's pension that ceases because they will not be working for you for a significant period of time due to their jury service, the loss of pension contributions can be covered by the financial loss allowance. Jurors will be required to provide proof of the contributions, and also proof that their employer is ceasing to pay these contributions during the period that the employee is on jury service. This is also subject to the maximum daily allowance threshold.

It would be useful for you to talk to your employee about their pension scheme so that they understand whether and how payments will be made whilst they are on jury service and whether they need to account to you from the sums paid by the court as allowances (if any).

The court can only pay allowances to the juror and not to any third party such as you as their employer. Therefore, if they are claiming their pension contributions under the financial loss allowance, they should remember that the allowance will be paid to them and it is their responsibility to pay the amount of contributions lost back to you. You and your employee should agree on the procedure for this.

Jurors employed by a recruitment agency

If you are a recruitment agency and one of your employees is called for jury service during a contract to work for an employer, you should fill out the 'Employer's Certificate', reflecting what they would have earned during their period of jury service. It will be necessary for you to state either in a separate letter or on the certificate when the contract is due to expire.

If they are called for jury service just before they start a contract for work, they will have to provide evidence of that contract along with their daily net pay and the duration of the contract.

If they are not working through your agency or they do not have a forthcoming contract, the court cannot pay any loss of earnings allowance.

Insurance

Some business insurance policies have provisions for losses incurred as a result of jury service. They can cover losses due to employees being called for jury service or may also cover any losses incurred as a result of rearranging a business trip. You should carefully read through your policy (if you have one) to check its terms.

The Employment Relations (Northern Ireland) Order 2004

The Employment Relations (Northern Ireland) Order 2004 (Article 20) outlines employers' responsibilities when their employees are summonsed for jury service.

The Order protects employees from any detriment that they might suffer as a result of jury service. This might occur if, for example, a juror was prevented from going back to the same job or was being excluded from pay awards or promotion opportunities as a result of their jury service. Some jobs require skills which need to be current, so an employer who insists on retraining after a long absence eg for safety reasons, may not necessarily be imposing a detriment.

Protection is also given to employees against employers who unfairly dismiss them for performing jury service.

Further jury service

When a jury sits on a trial that the judge deems to have been particularly difficult or demanding for the jury, he has the discretion to give the jurors the right to be excused for as long a period as he thinks fit (this could even be for life), depending upon the circumstances. If they are excused at the end of a trial and are called again they should contact the court office.

Employees who are in the Reserve Forces or Territorial Army may need time off for training. Reservists may even need time off if they are called up for military service.

For more information, see employing a member of the Reserve Forces and what to expect if a Reservist employee is called up for service.

Allowing staff time off work has a number of benefits.

However, you should ensure that you have a policy in place so you know how to deal with time-off requests.

You might also want to consider allowing flexible working to further improve work-life balance, and you must consider requests from certain qualifying employees.

Advantages of allowing time off work

Agreeing to requests for time off for personal and family reasons - and paying them for this time off - can:

• improve staff retention/loyalty
• maintain or improve staff morale
• reduce the stress caused by a conflict between work and personal commitments
• help your staff see you as a fair employer

Allowing staff to take time off for public duties and service can help them gain new skills and provide them with an opportunity for personal development.

Time-off work policies

It is good practice to have a policy on time off. This can help you deal with time-off requests fairly and consistently.

The policy should cover the statutory time-off rights as well as situations where you may need to grant discretionary time off. Read more on time off work for personal commitments and emergencies.

Any policy should make it clear:

• whether or not discretionary leave will be paid
• how much notice the employee must give in order to qualify for the time off
• what you will do if you suspect an employee is taking the time off not for the reason they claimed

You should ensure that staff are aware of the policy and notify them if it changes in any way.

Make sure your policy is non-discriminatory, including the way you apply it.

You should keep records of requests for time off and how much is taken, especially if it becomes unreasonable. Read more on staff records.

Flexible working

You can give employees more time away from work by allowing them to work flexibly.

Certain employees have the right to request flexible working.

In addition, you should consider allowing those who don't have the right to request flexible working to make such requests.

See flexible working: the law and best practice and how to promote healthy work-life balance in your business.

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?
Annual leave - 5.6 weeks	All workers	Statutory	Yes
Bank and public holidays *	All workers	Discretionary	No, unless it is part of the minimum statutory annual leave entitlement
Training/continuing education for 16-18 year olds	Employees only	Statutory	Yes
Training to be, and working as, a representative of employee safety	Employees only	Statutory	Yes
Training to be, and carrying out duties as, a pension scheme trustee	Employees only	Statutory	Yes
Training for, and carrying out, trade union duties, including as a union learning and union safety representative	Employees only	Statutory	Yes
Carrying out trade union activities	Employees only	Statutory	No
Training for, and carrying out duties as, a union representative	Employees only	Statutory	Yes
Accompanying a colleague at a disciplinary/grievance/ flexible working request	All workers	Statutory	Yes
Carrying out duties as an employee representative in a collective redundancy situation - including making arrangements to be elected and training as such a representative	Employees only	Statutory	Yes
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	Employees only	Statutory	Yes
Carrying out duties as a negotiating representative or information and consultation representative	Employees only	Statutory	Yes
Jobhunting/training when being made redundant	Employees only	Statutory	Yes
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	Employees only	Statutory	No
Suspension from work on medical grounds	Employees only	Statutory	Yes, for employees with at least one month's service, and for a maximum of six months
Suspension from work on maternity grounds	Employees only	Statutory	Yes
Emergencies involving a dependant	Employees only	Statutory	No
Maternity leave (52 weeks)	Employees only	Statutory	Yes (39 of the 52 weeks - subject to certain qualification criteria) **
Paternity leave (single block of one or two consecutive weeks - subject to certain qualification criteria)	Employees only	Statutory	Yes - subject to certain qualification criteria **
Adoption leave (52 weeks - subject to certain qualification criteria)	Employees only	Statutory	Yes (39 of the 52 weeks - subject to certain qualification criteria) **
Parental leave (subject to certain qualification criteria)	Employees only	Statutory	No
Parental bereavement leave	Employees only	Statutory	Yes, subject to certain qualification criteria
Antenatal care	Employees only	Statutory	Yes
Compassionate leave, eg to attend the funeral of a non-dependant	All workers	Discretionary	No
Visiting a sick relative	All workers	Discretionary	No
Moving house	All workers	Discretionary	No
Religious observance	All workers	Discretionary	No - but avoid discrimination on the grounds of religion/belief
Carrying out public duties, eg as a magistrate, school governor, or member of a local authority	Employees only	Statutory	No
Jury service	All workers	Statutory	No
Territorial Army and reservist training	All workers	Discretionary	No
Active duty as a reservist	All workers	Discretionary	No
Extended leave/sabbatical	All workers	Discretionary	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.

Employees, and other types of workers, have a range of rights to time off work. While most of these rights are only available to employees, some are available to all workers. Note that some of this time off must be paid.

Annual leave and other time off

For example, you must give every worker paid annual leave of at least 5.6 weeks - 28 working days for those working a five or six-day week. This can include bank holidays and public holidays.

However, you must not dismiss or subject a worker to any detriment if:

• they try to use their statutory rights to time off
• you think they are planning to use one of these rights

Where a worker does not have the statutory right to time off, or has the right but the time off is unpaid, you can choose to:

• allow that time off
• pay them for the time off

For more information, see our table on paid and unpaid statutory time-off rights for employees and other workers.

In certain situations, employees have the right to paid time off to act as a trade union or employee representative for the purposes of information and consultation between staff and the employer.

Collective redundancy situations - time off for consultation

Trade union or elected employee representatives have the right to reasonable paid time off to attend information and consultation meetings during a collective redundancy situation.

For more information, see redundancy: the options.

Business transfer situations - time off for consultation

If you are selling your business (or part of your business), trade union or elected employee representatives have the right to reasonable paid time off to attend information and consultation meetings.

For information on business transfer situations and employees, see responsibilities to employees if you buy or sell a business.

In both collective redundancy and business transfer situations, you must allow employees paid time off where they are:

• standing in an election to become an employee representative
• undertaking training as such a representative

Read more on working with non-union representatives.

Information and consultation agreements

Negotiating representatives have the right to reasonable paid time off for meetings to set up an information and consultation (I&C) arrangement.

I&C representatives have the right to reasonable paid time off to exercise their duties.

The same right applies to members of a special negotiating body or European Works Council.

For more information, see inform and consult your employees.

Employees can have paid time off to:

• receive training and/or look for a new job if being made redundant
• receive training for certain job-related roles
• carry out certain job-related duties

Young employees are entitled to paid time off for training if they meet specific criteria.

Basic training/continuing training for young workers

Employees aged 16 and 17 years old who did not reach a certain standard of education at school have the right to reasonable time off with pay while studying for a qualification that will help them reach that standard.

If they turn 18 years old while studying, they have the right to complete the course.

Time off for job-seeking/retraining in a redundancy situation

An employee with at least two years of continuous service who is being made redundant can take reasonable time off with pay to look for another job, or to arrange training. The employer does not have to pay more than two-fifths of a week's pay no matter how much time off they give the employee. For more information, see redundancy: the options.

Time off for carrying out duties for certain job-related roles

Employees have the right to paid time off to carry out:

• duties as a representative of employees' safety - see appoint a competent person for health and safety
• pension scheme trustee training and duties
• trade union training and duties, including as a union learning representative and a union safety representative - read more on trade union membership rights

Time off for trade union activities

You must give employees who are union representatives of an independent trade union recognised by the employer reasonable paid time off for carrying out union duties and for any training relating to their trade union duties.

Union duties are those matters covered by collective bargaining agreements between the employer and the trade union eg duties concerned with functions related to, or connected with, terms and conditions of employment, etc.

There is no statutory requirement to pay for time off where the duty is carried out at a time when the union representative would not otherwise have been at work, unless the union representative works flexible hours, such as night shift, but is required to perform representative duties during normal hours.

Union representatives and employees who are trade union members of an independent trade union recognised by the employer are entitled to reasonable unpaid time off for carrying out union activities. However, employers may consider payment in certain circumstances, for example, to ensure that workplace meetings are fully represented.

Union activities include:

• voting in union elections
• meeting full-time officials to discuss issues relevant to the workplace
• attending workplace meetings to discuss and vote on the outcome of negotiations

Time off to accompany a colleague at a disciplinary, grievance, flexible working hearing

Workers - not just employees - have the right to paid time off to accompany a colleague who is:

• the subject of a disciplinary hearing
• attending a hearing relating to a grievance they have raised
• attending a hearing relating to a flexible working request they have made

Employees, or agency workers who have worked for 12 continuous weeks in the same job with the same hirer, who are pregnant, new mothers, and adoptive parents - and the partners of such employees - may be entitled to statutory time off around the birth or adoption of their child. Some of this time off is paid if the employee qualifies.

Time off for antenatal care and maternity leave

An employee who becomes pregnant is entitled to:

• paid time off during working hours for antenatal care before maternity leave begins
• be suspended on full pay before maternity leave begins if her job poses a risk to her and/or her unborn baby and there is no suitable alternative work for her
• 52 weeks statutory maternity leave (SML)

She is entitled to statutory maternity pay for the first 39 weeks of SML - but only if she meets certain qualifying criteria.

For more information, see pregnancy at work and maternity leave and pay.

Time off for antenatal care - partner

Since 5 April 2015, employees who are the husband or partner (including same-sex partner) of a pregnant woman, or are the father of the expected child, or either of the intended parents who are expecting a child from a surrogate mother and who are eligible for and intend to apply for a Parental Order (or have obtained such an Order), are entitled to take unpaid time off work to accompany the pregnant woman to up to two of her antenatal appointments.

The time off is capped at 6.5 hours for each appointment. No qualifying service is required.

Adoption leave

If they meet certain qualifying criteria, an employee when adopting a child is entitled to:

• 52 weeks' statutory adoption leave
• 39 weeks' statutory adoption pay

For more information, see adoption leave and pay.

See also employers' maternity, paternity and adoption calculator.

Time off - pre-adoption appointments

From 5 April 2015, employees who are the primary adopters of a child are entitled to paid time off to attend five appointments after being notified of a match for adoption.

Also from this date, employees who are secondary adopters are entitled to unpaid time off to attend two appointments after being notified of a match for adoption. This is capped at 6.5 hours for each appointment. No qualifying service applies.

Note that in Northern Ireland, in exceptional cases, time off for pre-adoption appointments may also be granted where an adoption agency intends to place a child with approved foster parents who are also approved prospective adopters.

The agency will supply the foster parents with correspondence which can be shown to the employer explaining that they have met the relevant criteria for being matched with the child for the purposes of taking time off, as well as, other entitlements open to adopters.

Paternity leave

If they meet certain qualifying criteria, an employee who is the partner of either a new mother or a main adoptive parent is entitled to:

• take a single block of either one week or two consecutive weeks' paternity leave on the birth or adoption of the child
• one or two weeks' statutory paternity pay

Read more on paternity leave and pay.

Shared parental leave

Eligible employees can take shared parental leave.

Read more on shared parental leave and pay.

Parental leave

An employee who is a parent is entitled to take 18 weeks of unpaid parental leave. The leave must be taken before the child's 18th birthday and employees can take a maximum of four weeks' leave in any year in respect of any individual child.

To qualify for parental leave, the employee must have at least one year's continuous service with you at the time they wish to take the leave.

For more information, see parental leave and time off for dependants.

Parental bereavement leave

An employee may be eligible for Statutory Parental Bereavement Leave if they or their partner either:

• has a child who has died under 18 years old
• had a stillbirth after 24 weeks of pregnancy

The death or stillbirth must have happened on or after 6 April 2022.

An employee can take 2 weeks leave from the first day of their employment for each child who has died or was stillborn.

They can choose to take:

• 2 weeks together
• 2 seperate weeks of leave
• only one week of leave

The leave:

• can start on or after the date of the death or stillbirth
• must finish within 56 weeks of the date of the death or stillbirth

For more information, see parental bereavement leave and pay.

All employees are entitled to reasonable unpaid time off to deal with an emergency involving a dependant. It can be paid if their employment contract says so, and they will not have to make the time up later on, typically in these arrangements.

A dependant normally means a partner, children, or close family members, but could also mean someone else, such as a frail neighbour who is looked after by an employee.

For more information, see parental leave and time off for dependants.

Leave for other reasons

Workers may want time off for personal reasons, eg to:

• move house
• attend a wedding
• when someone gets ill or injured
• carry out house renovations
• attend a religious ceremony/event
• deal with a family problem, eg a divorce
• attend a doctor's or dentist's appointment
• attend the funeral of a friend or non-dependant relative

There is no statutory right to this time off. You should have a written policy to cover these situations or you could agree to a period of unpaid leave. Alternatively, you could suggest that the employee use any holiday entitlement they may have.

Read more on the advantages of managing your staff's time off work.

Extended leave/career breaks

If you wish to allow employees to take extended leave or career breaks you should have a policy in place for extended leave/career breaks, eg where an employee wants a year away from work to get a qualification or spend time with their family.

The policy should cover:

• how long the leave can last
• how the leave can be used
• how you will continue to communicate with the employee
• whether you can guarantee they will return to the same job
• what happens if a redundancy situation arises while they are away
• whether or not the time away will count towards their continuous employment or break the continuity of employment
• the application procedure, including the amount of notice the employee must give and how to appeal if you reject the request
• notice that is required advising of a return to work

You should also be aware that an employee may make a request for a career break as part of a statutory request for flexible working. See flexible working: the law and best practice.

Employees holding certain public positions are entitled to reasonable unpaid time off to perform their duties. These roles include:

• Lay Magistrate, sometimes known as a justice of the peace
• a member of a district council, the Northern Ireland Library Authority (Libraries NI), relevant health or education bodies, a policing and community safety partnership, or a district policing and community partnership
• member of any statutory tribunal, an environmental agency, or of the boards of prison visitors

Time off for public duties - nidirect guidance.

Employees can refer their complaint for determination by an industrial tribunal or statutory arbitration if they are unreasonably refused time off for public duties or dismissed for asserting the right to time off for public duties.

Jury service

You must not dismiss an employee or subject them to a detriment for having been summoned to participate in jury service.

The employee would not need a year's continuous employment to lodge an unfair dismissal claim - and any such dismissal would be seen to be automatically unfair by an industrial tribunal.

Employees are not protected against unfair dismissal if after you have told them you believe your business will be seriously harmed by their absence, they unreasonably refuse or fail to apply to have their jury service deferred or to be excused from it. Not all applications are granted, this is subject to a judicial decision.

You do not have to pay staff while they are doing jury service, unless the employee's contract permits this. An employee who is not paid during absence from work on jury service may however claim compensation for loss of earnings from the court. This will require the employer to complete a certificate showing the employee's loss of earnings. An allowance sheet outlining the maximum amounts allowable for loss of earnings is handed out to the members of the jury pool on the first day of service. See jury service - nidirect guidance.

To learn more about your responsibilities as an employer of a juror, see information for employers of jurors.

Lay Magistrate duty

You must allow employees who are lay magistrates time off to perform their duties.

While you are not legally required to pay employees on lay magistrate service, many employers choose to do so.

There is a statutory obligation for employers to allow jurors to attend court. If you have an employee who has been selected to serve as a juror, it may have a significant effect on their ability to attend their place of work.

Length of jury service

Jurors usually try the more serious criminal cases that are heard at the Crown Court, such as assault, burglary, fraud, or murder. Juries are also sometimes required at Coroner's Inquests. The majority of individual trials last only a few days, however, a typical jury can remain in place for up to four weeks (during this time, the same juror can be selected to sit on more than one trial).

Some trials, however, can take weeks, or even months, to complete. It is difficult to estimate at the outset exactly how long each witness' evidence will last or what factors may delay or reduce the length of the trial and the estimated length can change at any stage. You should bear this in mind when making plans for staff cover during periods of absence because of jury service.

The court will keep the jurors informed of the estimated length of the trial as it progresses. If at any time you have any queries you can contact the relevant court office - see jury panel information from the Department of Justice.

Jury selection

All jurors are selected entirely at random, from the initial selection of people from the electoral register through to the selection of the 12 jurors who form the jury. Usually, a panel of 15 to 18 potential jurors is taken to the court at the start of a trial from which the 12 jurors are selected.

For a long trial, however, the trial judge may request a larger panel. Jurors will not be excused from jury service unless they have a valid reason. It is for the judge to decide whether there is a valid reason for excusal from jury service.

Contact with your employee during their jury service

There may be occasions during the course of the trial when the court is not sitting and the jurors are not required. Jurors are encouraged to keep in contact with their employers during such breaks, either by temporarily returning to work (if they are allowed to by their employer), or discussing with a colleague or manager anything work-related which has occurred in their absence. They are not allowed to discuss the details of the case with anyone.

Allowances

Jurors' allowances are set by law and the court has no discretion to exceed them. Allowances cannot be paid to anyone other than the juror. A claim form entitled 'Claim for Payment' is included with the summons for jury service. An information leaflet entitled 'Allowances for Jury Service' is handed out on the first day of service. You may also request a hard copy by contacting the Customer Service Centre on Tel 0300 200 7812 or you can read further details about claiming juror allowances. Jurors can claim three types of allowance: travel; subsistence allowance; and financial loss.

Travel

Reimbursement of standard rate public transport fares, or a set mileage rate if the juror has to drive.

Subsistence allowance

An allowance of up to £5.71 if they are away from home / work over five hours but less than ten hours, or up to £12.17 if they are away from home for longer than ten hours. This meal allowance is only payable if a meal is not provided at public expense. Receipts for any meals bought in these circumstances must be provided and the juror can only claim for the amount spent up to the maximum of the appropriate allowance. Most courthouses provide jury lunches when required.

Financial loss (Including loss of earnings)

Financial loss, which incorporates any loss of earnings, reimburses any loss as a direct result of jury service up to daily maximum limits. The maximum payable doubles from the 11th day of jury service onwards. The maximum limits are for total financial loss so if, for example, a juror is claiming for loss of earnings and childcare on the same day then the maximum relates to the combined loss.

The maximum rates are:

For the first ten days

• For a period not exceeding four hours: £32.47
• For a period of more than four hours: £64.95

From the 11th day onwards

The maximum limit increases to £129.91 per day.

The maximum limits are for combined/total financial loss to include:

• loss of earnings
• childcare
• National Insurance contributions
• pension contributions

If a juror is not being fully paid whilst on jury service they can claim back any shortfall up to the daily maximum. If they are losing more than the maximum, the balance cannot be paid by the court.

If a juror losing earnings wishes to claim financial loss, you as their employer must complete the 'Employer's Certificate' at the back of the claim form on the jury summons, certifying their net daily loss. If they do not earn the same rate each day then an average figure should be used.

The court cannot reimburse loss of earnings without a valid 'Employer's Certificate'. Payment by the Courts and Tribunals Service is made to the juror and any arrangement for employers to recoup wages is a matter between the juror and their employer.

Employers topping up loss of earnings

Many employers with an employee on jury service will continue to pay them whilst on jury service. Other employers will not pay those employees entitled to full reimbursement by the court but will top up the loss for those losing more than the maximum.

For example, if a juror earns £80.00 per day net, but can only claim £64.95 per day in the first ten days, the employer may pay the juror £15.05 net so they do not lose out.

National Insurance contributions whilst on jury service

Your employee may wish to make a National Insurance contribution for the weeks when they were not able to work because they were on jury service and claim it back under the financial loss allowance. This will apply if you do not pay them whilst they are on jury service or if any earnings they receive are less than the Lower Earnings Limit for National Insurance contributions. This is £123 per week for the 2023-24 tax year.

Even if they had lower earnings during the period of jury service, they may not need to be credited with contributions. Because employees' National Insurance contributions are earnings-related, it is possible to pay sufficient for the tax year to count towards future state pension entitlement in a much shorter period. They need only apply for contributions to be credited for periods of jury service to make up their record if they are told that they have a deficient record for the tax year in question, either when they make a claim for benefit in the future or they get a deficiency notice.

Pension contributions

If you are paying a contribution towards your employee's pension that ceases because they will not be working for you for a significant period of time due to their jury service, the loss of pension contributions can be covered by the financial loss allowance. Jurors will be required to provide proof of the contributions, and also proof that their employer is ceasing to pay these contributions during the period that the employee is on jury service. This is also subject to the maximum daily allowance threshold.

It would be useful for you to talk to your employee about their pension scheme so that they understand whether and how payments will be made whilst they are on jury service and whether they need to account to you from the sums paid by the court as allowances (if any).

The court can only pay allowances to the juror and not to any third party such as you as their employer. Therefore, if they are claiming their pension contributions under the financial loss allowance, they should remember that the allowance will be paid to them and it is their responsibility to pay the amount of contributions lost back to you. You and your employee should agree on the procedure for this.

Jurors employed by a recruitment agency

If you are a recruitment agency and one of your employees is called for jury service during a contract to work for an employer, you should fill out the 'Employer's Certificate', reflecting what they would have earned during their period of jury service. It will be necessary for you to state either in a separate letter or on the certificate when the contract is due to expire.

If they are called for jury service just before they start a contract for work, they will have to provide evidence of that contract along with their daily net pay and the duration of the contract.

If they are not working through your agency or they do not have a forthcoming contract, the court cannot pay any loss of earnings allowance.

Insurance

Some business insurance policies have provisions for losses incurred as a result of jury service. They can cover losses due to employees being called for jury service or may also cover any losses incurred as a result of rearranging a business trip. You should carefully read through your policy (if you have one) to check its terms.

The Employment Relations (Northern Ireland) Order 2004

The Employment Relations (Northern Ireland) Order 2004 (Article 20) outlines employers' responsibilities when their employees are summonsed for jury service.

The Order protects employees from any detriment that they might suffer as a result of jury service. This might occur if, for example, a juror was prevented from going back to the same job or was being excluded from pay awards or promotion opportunities as a result of their jury service. Some jobs require skills which need to be current, so an employer who insists on retraining after a long absence eg for safety reasons, may not necessarily be imposing a detriment.

Protection is also given to employees against employers who unfairly dismiss them for performing jury service.

Further jury service

When a jury sits on a trial that the judge deems to have been particularly difficult or demanding for the jury, he has the discretion to give the jurors the right to be excused for as long a period as he thinks fit (this could even be for life), depending upon the circumstances. If they are excused at the end of a trial and are called again they should contact the court office.

Employees who are in the Reserve Forces or Territorial Army may need time off for training. Reservists may even need time off if they are called up for military service.

For more information, see employing a member of the Reserve Forces and what to expect if a Reservist employee is called up for service.

Allowing staff time off work has a number of benefits.

However, you should ensure that you have a policy in place so you know how to deal with time-off requests.

You might also want to consider allowing flexible working to further improve work-life balance, and you must consider requests from certain qualifying employees.

Advantages of allowing time off work

Agreeing to requests for time off for personal and family reasons - and paying them for this time off - can:

• improve staff retention/loyalty
• maintain or improve staff morale
• reduce the stress caused by a conflict between work and personal commitments
• help your staff see you as a fair employer

Allowing staff to take time off for public duties and service can help them gain new skills and provide them with an opportunity for personal development.

Time-off work policies

It is good practice to have a policy on time off. This can help you deal with time-off requests fairly and consistently.

The policy should cover the statutory time-off rights as well as situations where you may need to grant discretionary time off. Read more on time off work for personal commitments and emergencies.

Any policy should make it clear:

• whether or not discretionary leave will be paid
• how much notice the employee must give in order to qualify for the time off
• what you will do if you suspect an employee is taking the time off not for the reason they claimed

You should ensure that staff are aware of the policy and notify them if it changes in any way.

Make sure your policy is non-discriminatory, including the way you apply it.

You should keep records of requests for time off and how much is taken, especially if it becomes unreasonable. Read more on staff records.

Flexible working

You can give employees more time away from work by allowing them to work flexibly.

Certain employees have the right to request flexible working.

In addition, you should consider allowing those who don't have the right to request flexible working to make such requests.

See flexible working: the law and best practice and how to promote healthy work-life balance in your business.

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?
Annual leave - 5.6 weeks	All workers	Statutory	Yes
Bank and public holidays *	All workers	Discretionary	No, unless it is part of the minimum statutory annual leave entitlement
Training/continuing education for 16-18 year olds	Employees only	Statutory	Yes
Training to be, and working as, a representative of employee safety	Employees only	Statutory	Yes
Training to be, and carrying out duties as, a pension scheme trustee	Employees only	Statutory	Yes
Training for, and carrying out, trade union duties, including as a union learning and union safety representative	Employees only	Statutory	Yes
Carrying out trade union activities	Employees only	Statutory	No
Training for, and carrying out duties as, a union representative	Employees only	Statutory	Yes
Accompanying a colleague at a disciplinary/grievance/ flexible working request	All workers	Statutory	Yes
Carrying out duties as an employee representative in a collective redundancy situation - including making arrangements to be elected and training as such a representative	Employees only	Statutory	Yes
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	Employees only	Statutory	Yes
Carrying out duties as a negotiating representative or information and consultation representative	Employees only	Statutory	Yes
Jobhunting/training when being made redundant	Employees only	Statutory	Yes
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	Employees only	Statutory	No
Suspension from work on medical grounds	Employees only	Statutory	Yes, for employees with at least one month's service, and for a maximum of six months
Suspension from work on maternity grounds	Employees only	Statutory	Yes
Emergencies involving a dependant	Employees only	Statutory	No
Maternity leave (52 weeks)	Employees only	Statutory	Yes (39 of the 52 weeks - subject to certain qualification criteria) **
Paternity leave (single block of one or two consecutive weeks - subject to certain qualification criteria)	Employees only	Statutory	Yes - subject to certain qualification criteria **
Adoption leave (52 weeks - subject to certain qualification criteria)	Employees only	Statutory	Yes (39 of the 52 weeks - subject to certain qualification criteria) **
Parental leave (subject to certain qualification criteria)	Employees only	Statutory	No
Parental bereavement leave	Employees only	Statutory	Yes, subject to certain qualification criteria
Antenatal care	Employees only	Statutory	Yes
Compassionate leave, eg to attend the funeral of a non-dependant	All workers	Discretionary	No
Visiting a sick relative	All workers	Discretionary	No
Moving house	All workers	Discretionary	No
Religious observance	All workers	Discretionary	No - but avoid discrimination on the grounds of religion/belief
Carrying out public duties, eg as a magistrate, school governor, or member of a local authority	Employees only	Statutory	No
Jury service	All workers	Statutory	No
Territorial Army and reservist training	All workers	Discretionary	No
Active duty as a reservist	All workers	Discretionary	No
Extended leave/sabbatical	All workers	Discretionary	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.

Employees, and other types of workers, have a range of rights to time off work. While most of these rights are only available to employees, some are available to all workers. Note that some of this time off must be paid.

Annual leave and other time off

For example, you must give every worker paid annual leave of at least 5.6 weeks - 28 working days for those working a five or six-day week. This can include bank holidays and public holidays.

However, you must not dismiss or subject a worker to any detriment if:

• they try to use their statutory rights to time off
• you think they are planning to use one of these rights

Where a worker does not have the statutory right to time off, or has the right but the time off is unpaid, you can choose to:

• allow that time off
• pay them for the time off

For more information, see our table on paid and unpaid statutory time-off rights for employees and other workers.

In certain situations, employees have the right to paid time off to act as a trade union or employee representative for the purposes of information and consultation between staff and the employer.

Collective redundancy situations - time off for consultation

Trade union or elected employee representatives have the right to reasonable paid time off to attend information and consultation meetings during a collective redundancy situation.

For more information, see redundancy: the options.

Business transfer situations - time off for consultation

If you are selling your business (or part of your business), trade union or elected employee representatives have the right to reasonable paid time off to attend information and consultation meetings.

For information on business transfer situations and employees, see responsibilities to employees if you buy or sell a business.

In both collective redundancy and business transfer situations, you must allow employees paid time off where they are:

• standing in an election to become an employee representative
• undertaking training as such a representative

Read more on working with non-union representatives.

Information and consultation agreements

Negotiating representatives have the right to reasonable paid time off for meetings to set up an information and consultation (I&C) arrangement.

I&C representatives have the right to reasonable paid time off to exercise their duties.

The same right applies to members of a special negotiating body or European Works Council.

For more information, see inform and consult your employees.

Employees can have paid time off to:

• receive training and/or look for a new job if being made redundant
• receive training for certain job-related roles
• carry out certain job-related duties

Young employees are entitled to paid time off for training if they meet specific criteria.

Basic training/continuing training for young workers

Employees aged 16 and 17 years old who did not reach a certain standard of education at school have the right to reasonable time off with pay while studying for a qualification that will help them reach that standard.

If they turn 18 years old while studying, they have the right to complete the course.

Time off for job-seeking/retraining in a redundancy situation

An employee with at least two years of continuous service who is being made redundant can take reasonable time off with pay to look for another job, or to arrange training. The employer does not have to pay more than two-fifths of a week's pay no matter how much time off they give the employee. For more information, see redundancy: the options.

Time off for carrying out duties for certain job-related roles

Employees have the right to paid time off to carry out:

• duties as a representative of employees' safety - see appoint a competent person for health and safety
• pension scheme trustee training and duties
• trade union training and duties, including as a union learning representative and a union safety representative - read more on trade union membership rights

Time off for trade union activities

You must give employees who are union representatives of an independent trade union recognised by the employer reasonable paid time off for carrying out union duties and for any training relating to their trade union duties.

Union duties are those matters covered by collective bargaining agreements between the employer and the trade union eg duties concerned with functions related to, or connected with, terms and conditions of employment, etc.

There is no statutory requirement to pay for time off where the duty is carried out at a time when the union representative would not otherwise have been at work, unless the union representative works flexible hours, such as night shift, but is required to perform representative duties during normal hours.

Union representatives and employees who are trade union members of an independent trade union recognised by the employer are entitled to reasonable unpaid time off for carrying out union activities. However, employers may consider payment in certain circumstances, for example, to ensure that workplace meetings are fully represented.

Union activities include:

• voting in union elections
• meeting full-time officials to discuss issues relevant to the workplace
• attending workplace meetings to discuss and vote on the outcome of negotiations

Time off to accompany a colleague at a disciplinary, grievance, flexible working hearing

Workers - not just employees - have the right to paid time off to accompany a colleague who is:

• the subject of a disciplinary hearing
• attending a hearing relating to a grievance they have raised
• attending a hearing relating to a flexible working request they have made

Employees, or agency workers who have worked for 12 continuous weeks in the same job with the same hirer, who are pregnant, new mothers, and adoptive parents - and the partners of such employees - may be entitled to statutory time off around the birth or adoption of their child. Some of this time off is paid if the employee qualifies.

Time off for antenatal care and maternity leave

An employee who becomes pregnant is entitled to:

• paid time off during working hours for antenatal care before maternity leave begins
• be suspended on full pay before maternity leave begins if her job poses a risk to her and/or her unborn baby and there is no suitable alternative work for her
• 52 weeks statutory maternity leave (SML)

She is entitled to statutory maternity pay for the first 39 weeks of SML - but only if she meets certain qualifying criteria.

For more information, see pregnancy at work and maternity leave and pay.

Time off for antenatal care - partner

Since 5 April 2015, employees who are the husband or partner (including same-sex partner) of a pregnant woman, or are the father of the expected child, or either of the intended parents who are expecting a child from a surrogate mother and who are eligible for and intend to apply for a Parental Order (or have obtained such an Order), are entitled to take unpaid time off work to accompany the pregnant woman to up to two of her antenatal appointments.

The time off is capped at 6.5 hours for each appointment. No qualifying service is required.

Adoption leave

If they meet certain qualifying criteria, an employee when adopting a child is entitled to:

• 52 weeks' statutory adoption leave
• 39 weeks' statutory adoption pay

For more information, see adoption leave and pay.

See also employers' maternity, paternity and adoption calculator.

Time off - pre-adoption appointments

From 5 April 2015, employees who are the primary adopters of a child are entitled to paid time off to attend five appointments after being notified of a match for adoption.

Also from this date, employees who are secondary adopters are entitled to unpaid time off to attend two appointments after being notified of a match for adoption. This is capped at 6.5 hours for each appointment. No qualifying service applies.

Note that in Northern Ireland, in exceptional cases, time off for pre-adoption appointments may also be granted where an adoption agency intends to place a child with approved foster parents who are also approved prospective adopters.

The agency will supply the foster parents with correspondence which can be shown to the employer explaining that they have met the relevant criteria for being matched with the child for the purposes of taking time off, as well as, other entitlements open to adopters.

Paternity leave

If they meet certain qualifying criteria, an employee who is the partner of either a new mother or a main adoptive parent is entitled to:

• take a single block of either one week or two consecutive weeks' paternity leave on the birth or adoption of the child
• one or two weeks' statutory paternity pay

Read more on paternity leave and pay.

Shared parental leave

Eligible employees can take shared parental leave.

Read more on shared parental leave and pay.

Parental leave

An employee who is a parent is entitled to take 18 weeks of unpaid parental leave. The leave must be taken before the child's 18th birthday and employees can take a maximum of four weeks' leave in any year in respect of any individual child.

To qualify for parental leave, the employee must have at least one year's continuous service with you at the time they wish to take the leave.

For more information, see parental leave and time off for dependants.

Parental bereavement leave

An employee may be eligible for Statutory Parental Bereavement Leave if they or their partner either:

• has a child who has died under 18 years old
• had a stillbirth after 24 weeks of pregnancy

The death or stillbirth must have happened on or after 6 April 2022.

An employee can take 2 weeks leave from the first day of their employment for each child who has died or was stillborn.

They can choose to take:

• 2 weeks together
• 2 seperate weeks of leave
• only one week of leave

The leave:

• can start on or after the date of the death or stillbirth
• must finish within 56 weeks of the date of the death or stillbirth

For more information, see parental bereavement leave and pay.

All employees are entitled to reasonable unpaid time off to deal with an emergency involving a dependant. It can be paid if their employment contract says so, and they will not have to make the time up later on, typically in these arrangements.

A dependant normally means a partner, children, or close family members, but could also mean someone else, such as a frail neighbour who is looked after by an employee.

For more information, see parental leave and time off for dependants.

Leave for other reasons

Workers may want time off for personal reasons, eg to:

• move house
• attend a wedding
• when someone gets ill or injured
• carry out house renovations
• attend a religious ceremony/event
• deal with a family problem, eg a divorce
• attend a doctor's or dentist's appointment
• attend the funeral of a friend or non-dependant relative

There is no statutory right to this time off. You should have a written policy to cover these situations or you could agree to a period of unpaid leave. Alternatively, you could suggest that the employee use any holiday entitlement they may have.

Read more on the advantages of managing your staff's time off work.

Extended leave/career breaks

If you wish to allow employees to take extended leave or career breaks you should have a policy in place for extended leave/career breaks, eg where an employee wants a year away from work to get a qualification or spend time with their family.

The policy should cover:

• how long the leave can last
• how the leave can be used
• how you will continue to communicate with the employee
• whether you can guarantee they will return to the same job
• what happens if a redundancy situation arises while they are away
• whether or not the time away will count towards their continuous employment or break the continuity of employment
• the application procedure, including the amount of notice the employee must give and how to appeal if you reject the request
• notice that is required advising of a return to work

You should also be aware that an employee may make a request for a career break as part of a statutory request for flexible working. See flexible working: the law and best practice.

Employees holding certain public positions are entitled to reasonable unpaid time off to perform their duties. These roles include:

• Lay Magistrate, sometimes known as a justice of the peace
• a member of a district council, the Northern Ireland Library Authority (Libraries NI), relevant health or education bodies, a policing and community safety partnership, or a district policing and community partnership
• member of any statutory tribunal, an environmental agency, or of the boards of prison visitors

Time off for public duties - nidirect guidance.

Employees can refer their complaint for determination by an industrial tribunal or statutory arbitration if they are unreasonably refused time off for public duties or dismissed for asserting the right to time off for public duties.

Jury service

You must not dismiss an employee or subject them to a detriment for having been summoned to participate in jury service.

The employee would not need a year's continuous employment to lodge an unfair dismissal claim - and any such dismissal would be seen to be automatically unfair by an industrial tribunal.

Employees are not protected against unfair dismissal if after you have told them you believe your business will be seriously harmed by their absence, they unreasonably refuse or fail to apply to have their jury service deferred or to be excused from it. Not all applications are granted, this is subject to a judicial decision.

You do not have to pay staff while they are doing jury service, unless the employee's contract permits this. An employee who is not paid during absence from work on jury service may however claim compensation for loss of earnings from the court. This will require the employer to complete a certificate showing the employee's loss of earnings. An allowance sheet outlining the maximum amounts allowable for loss of earnings is handed out to the members of the jury pool on the first day of service. See jury service - nidirect guidance.

To learn more about your responsibilities as an employer of a juror, see information for employers of jurors.

Lay Magistrate duty

You must allow employees who are lay magistrates time off to perform their duties.

While you are not legally required to pay employees on lay magistrate service, many employers choose to do so.

There is a statutory obligation for employers to allow jurors to attend court. If you have an employee who has been selected to serve as a juror, it may have a significant effect on their ability to attend their place of work.

Length of jury service

Jurors usually try the more serious criminal cases that are heard at the Crown Court, such as assault, burglary, fraud, or murder. Juries are also sometimes required at Coroner's Inquests. The majority of individual trials last only a few days, however, a typical jury can remain in place for up to four weeks (during this time, the same juror can be selected to sit on more than one trial).

Some trials, however, can take weeks, or even months, to complete. It is difficult to estimate at the outset exactly how long each witness' evidence will last or what factors may delay or reduce the length of the trial and the estimated length can change at any stage. You should bear this in mind when making plans for staff cover during periods of absence because of jury service.

The court will keep the jurors informed of the estimated length of the trial as it progresses. If at any time you have any queries you can contact the relevant court office - see jury panel information from the Department of Justice.

Jury selection

All jurors are selected entirely at random, from the initial selection of people from the electoral register through to the selection of the 12 jurors who form the jury. Usually, a panel of 15 to 18 potential jurors is taken to the court at the start of a trial from which the 12 jurors are selected.

For a long trial, however, the trial judge may request a larger panel. Jurors will not be excused from jury service unless they have a valid reason. It is for the judge to decide whether there is a valid reason for excusal from jury service.

Contact with your employee during their jury service

There may be occasions during the course of the trial when the court is not sitting and the jurors are not required. Jurors are encouraged to keep in contact with their employers during such breaks, either by temporarily returning to work (if they are allowed to by their employer), or discussing with a colleague or manager anything work-related which has occurred in their absence. They are not allowed to discuss the details of the case with anyone.

Allowances

Jurors' allowances are set by law and the court has no discretion to exceed them. Allowances cannot be paid to anyone other than the juror. A claim form entitled 'Claim for Payment' is included with the summons for jury service. An information leaflet entitled 'Allowances for Jury Service' is handed out on the first day of service. You may also request a hard copy by contacting the Customer Service Centre on Tel 0300 200 7812 or you can read further details about claiming juror allowances. Jurors can claim three types of allowance: travel; subsistence allowance; and financial loss.

Travel

Reimbursement of standard rate public transport fares, or a set mileage rate if the juror has to drive.

Subsistence allowance

An allowance of up to £5.71 if they are away from home / work over five hours but less than ten hours, or up to £12.17 if they are away from home for longer than ten hours. This meal allowance is only payable if a meal is not provided at public expense. Receipts for any meals bought in these circumstances must be provided and the juror can only claim for the amount spent up to the maximum of the appropriate allowance. Most courthouses provide jury lunches when required.

Financial loss (Including loss of earnings)

Financial loss, which incorporates any loss of earnings, reimburses any loss as a direct result of jury service up to daily maximum limits. The maximum payable doubles from the 11th day of jury service onwards. The maximum limits are for total financial loss so if, for example, a juror is claiming for loss of earnings and childcare on the same day then the maximum relates to the combined loss.

The maximum rates are:

For the first ten days

• For a period not exceeding four hours: £32.47
• For a period of more than four hours: £64.95

From the 11th day onwards

The maximum limit increases to £129.91 per day.

The maximum limits are for combined/total financial loss to include:

• loss of earnings
• childcare
• National Insurance contributions
• pension contributions

If a juror is not being fully paid whilst on jury service they can claim back any shortfall up to the daily maximum. If they are losing more than the maximum, the balance cannot be paid by the court.

If a juror losing earnings wishes to claim financial loss, you as their employer must complete the 'Employer's Certificate' at the back of the claim form on the jury summons, certifying their net daily loss. If they do not earn the same rate each day then an average figure should be used.

The court cannot reimburse loss of earnings without a valid 'Employer's Certificate'. Payment by the Courts and Tribunals Service is made to the juror and any arrangement for employers to recoup wages is a matter between the juror and their employer.

Employers topping up loss of earnings

Many employers with an employee on jury service will continue to pay them whilst on jury service. Other employers will not pay those employees entitled to full reimbursement by the court but will top up the loss for those losing more than the maximum.

For example, if a juror earns £80.00 per day net, but can only claim £64.95 per day in the first ten days, the employer may pay the juror £15.05 net so they do not lose out.

National Insurance contributions whilst on jury service

Your employee may wish to make a National Insurance contribution for the weeks when they were not able to work because they were on jury service and claim it back under the financial loss allowance. This will apply if you do not pay them whilst they are on jury service or if any earnings they receive are less than the Lower Earnings Limit for National Insurance contributions. This is £123 per week for the 2023-24 tax year.

Even if they had lower earnings during the period of jury service, they may not need to be credited with contributions. Because employees' National Insurance contributions are earnings-related, it is possible to pay sufficient for the tax year to count towards future state pension entitlement in a much shorter period. They need only apply for contributions to be credited for periods of jury service to make up their record if they are told that they have a deficient record for the tax year in question, either when they make a claim for benefit in the future or they get a deficiency notice.

Pension contributions

If you are paying a contribution towards your employee's pension that ceases because they will not be working for you for a significant period of time due to their jury service, the loss of pension contributions can be covered by the financial loss allowance. Jurors will be required to provide proof of the contributions, and also proof that their employer is ceasing to pay these contributions during the period that the employee is on jury service. This is also subject to the maximum daily allowance threshold.

It would be useful for you to talk to your employee about their pension scheme so that they understand whether and how payments will be made whilst they are on jury service and whether they need to account to you from the sums paid by the court as allowances (if any).

The court can only pay allowances to the juror and not to any third party such as you as their employer. Therefore, if they are claiming their pension contributions under the financial loss allowance, they should remember that the allowance will be paid to them and it is their responsibility to pay the amount of contributions lost back to you. You and your employee should agree on the procedure for this.

Jurors employed by a recruitment agency

If you are a recruitment agency and one of your employees is called for jury service during a contract to work for an employer, you should fill out the 'Employer's Certificate', reflecting what they would have earned during their period of jury service. It will be necessary for you to state either in a separate letter or on the certificate when the contract is due to expire.

If they are called for jury service just before they start a contract for work, they will have to provide evidence of that contract along with their daily net pay and the duration of the contract.

If they are not working through your agency or they do not have a forthcoming contract, the court cannot pay any loss of earnings allowance.

Insurance

Some business insurance policies have provisions for losses incurred as a result of jury service. They can cover losses due to employees being called for jury service or may also cover any losses incurred as a result of rearranging a business trip. You should carefully read through your policy (if you have one) to check its terms.

The Employment Relations (Northern Ireland) Order 2004

The Employment Relations (Northern Ireland) Order 2004 (Article 20) outlines employers' responsibilities when their employees are summonsed for jury service.

The Order protects employees from any detriment that they might suffer as a result of jury service. This might occur if, for example, a juror was prevented from going back to the same job or was being excluded from pay awards or promotion opportunities as a result of their jury service. Some jobs require skills which need to be current, so an employer who insists on retraining after a long absence eg for safety reasons, may not necessarily be imposing a detriment.

Protection is also given to employees against employers who unfairly dismiss them for performing jury service.

Further jury service

When a jury sits on a trial that the judge deems to have been particularly difficult or demanding for the jury, he has the discretion to give the jurors the right to be excused for as long a period as he thinks fit (this could even be for life), depending upon the circumstances. If they are excused at the end of a trial and are called again they should contact the court office.

Employees who are in the Reserve Forces or Territorial Army may need time off for training. Reservists may even need time off if they are called up for military service.

For more information, see employing a member of the Reserve Forces and what to expect if a Reservist employee is called up for service.

Allowing staff time off work has a number of benefits.

However, you should ensure that you have a policy in place so you know how to deal with time-off requests.

You might also want to consider allowing flexible working to further improve work-life balance, and you must consider requests from certain qualifying employees.

Advantages of allowing time off work

Agreeing to requests for time off for personal and family reasons - and paying them for this time off - can:

• improve staff retention/loyalty
• maintain or improve staff morale
• reduce the stress caused by a conflict between work and personal commitments
• help your staff see you as a fair employer

Allowing staff to take time off for public duties and service can help them gain new skills and provide them with an opportunity for personal development.

Time-off work policies

It is good practice to have a policy on time off. This can help you deal with time-off requests fairly and consistently.

The policy should cover the statutory time-off rights as well as situations where you may need to grant discretionary time off. Read more on time off work for personal commitments and emergencies.

Any policy should make it clear:

• whether or not discretionary leave will be paid
• how much notice the employee must give in order to qualify for the time off
• what you will do if you suspect an employee is taking the time off not for the reason they claimed

You should ensure that staff are aware of the policy and notify them if it changes in any way.

Make sure your policy is non-discriminatory, including the way you apply it.

You should keep records of requests for time off and how much is taken, especially if it becomes unreasonable. Read more on staff records.

Flexible working

You can give employees more time away from work by allowing them to work flexibly.

Certain employees have the right to request flexible working.

In addition, you should consider allowing those who don't have the right to request flexible working to make such requests.

See flexible working: the law and best practice and how to promote healthy work-life balance in your business.

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?
Annual leave - 5.6 weeks	All workers	Statutory	Yes
Bank and public holidays *	All workers	Discretionary	No, unless it is part of the minimum statutory annual leave entitlement
Training/continuing education for 16-18 year olds	Employees only	Statutory	Yes
Training to be, and working as, a representative of employee safety	Employees only	Statutory	Yes
Training to be, and carrying out duties as, a pension scheme trustee	Employees only	Statutory	Yes
Training for, and carrying out, trade union duties, including as a union learning and union safety representative	Employees only	Statutory	Yes
Carrying out trade union activities	Employees only	Statutory	No
Training for, and carrying out duties as, a union representative	Employees only	Statutory	Yes
Accompanying a colleague at a disciplinary/grievance/ flexible working request	All workers	Statutory	Yes
Carrying out duties as an employee representative in a collective redundancy situation - including making arrangements to be elected and training as such a representative	Employees only	Statutory	Yes
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	Employees only	Statutory	Yes
Carrying out duties as a negotiating representative or information and consultation representative	Employees only	Statutory	Yes
Jobhunting/training when being made redundant	Employees only	Statutory	Yes
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	Employees only	Statutory	No
Suspension from work on medical grounds	Employees only	Statutory	Yes, for employees with at least one month's service, and for a maximum of six months
Suspension from work on maternity grounds	Employees only	Statutory	Yes
Emergencies involving a dependant	Employees only	Statutory	No
Maternity leave (52 weeks)	Employees only	Statutory	Yes (39 of the 52 weeks - subject to certain qualification criteria) **
Paternity leave (single block of one or two consecutive weeks - subject to certain qualification criteria)	Employees only	Statutory	Yes - subject to certain qualification criteria **
Adoption leave (52 weeks - subject to certain qualification criteria)	Employees only	Statutory	Yes (39 of the 52 weeks - subject to certain qualification criteria) **
Parental leave (subject to certain qualification criteria)	Employees only	Statutory	No
Parental bereavement leave	Employees only	Statutory	Yes, subject to certain qualification criteria
Antenatal care	Employees only	Statutory	Yes
Compassionate leave, eg to attend the funeral of a non-dependant	All workers	Discretionary	No
Visiting a sick relative	All workers	Discretionary	No
Moving house	All workers	Discretionary	No
Religious observance	All workers	Discretionary	No - but avoid discrimination on the grounds of religion/belief
Carrying out public duties, eg as a magistrate, school governor, or member of a local authority	Employees only	Statutory	No
Jury service	All workers	Statutory	No
Territorial Army and reservist training	All workers	Discretionary	No
Active duty as a reservist	All workers	Discretionary	No
Extended leave/sabbatical	All workers	Discretionary	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.

Employees, and other types of workers, have a range of rights to time off work. While most of these rights are only available to employees, some are available to all workers. Note that some of this time off must be paid.

Annual leave and other time off

For example, you must give every worker paid annual leave of at least 5.6 weeks - 28 working days for those working a five or six-day week. This can include bank holidays and public holidays.

However, you must not dismiss or subject a worker to any detriment if:

• they try to use their statutory rights to time off
• you think they are planning to use one of these rights

Where a worker does not have the statutory right to time off, or has the right but the time off is unpaid, you can choose to:

• allow that time off
• pay them for the time off

For more information, see our table on paid and unpaid statutory time-off rights for employees and other workers.

In certain situations, employees have the right to paid time off to act as a trade union or employee representative for the purposes of information and consultation between staff and the employer.

Collective redundancy situations - time off for consultation

Trade union or elected employee representatives have the right to reasonable paid time off to attend information and consultation meetings during a collective redundancy situation.

For more information, see redundancy: the options.

Business transfer situations - time off for consultation

If you are selling your business (or part of your business), trade union or elected employee representatives have the right to reasonable paid time off to attend information and consultation meetings.

For information on business transfer situations and employees, see responsibilities to employees if you buy or sell a business.

In both collective redundancy and business transfer situations, you must allow employees paid time off where they are:

• standing in an election to become an employee representative
• undertaking training as such a representative

Read more on working with non-union representatives.

Information and consultation agreements

Negotiating representatives have the right to reasonable paid time off for meetings to set up an information and consultation (I&C) arrangement.

I&C representatives have the right to reasonable paid time off to exercise their duties.

The same right applies to members of a special negotiating body or European Works Council.

For more information, see inform and consult your employees.

Employees can have paid time off to:

• receive training and/or look for a new job if being made redundant
• receive training for certain job-related roles
• carry out certain job-related duties

Young employees are entitled to paid time off for training if they meet specific criteria.

Basic training/continuing training for young workers

Employees aged 16 and 17 years old who did not reach a certain standard of education at school have the right to reasonable time off with pay while studying for a qualification that will help them reach that standard.

If they turn 18 years old while studying, they have the right to complete the course.

Time off for job-seeking/retraining in a redundancy situation

An employee with at least two years of continuous service who is being made redundant can take reasonable time off with pay to look for another job, or to arrange training. The employer does not have to pay more than two-fifths of a week's pay no matter how much time off they give the employee. For more information, see redundancy: the options.

Time off for carrying out duties for certain job-related roles

Employees have the right to paid time off to carry out:

• duties as a representative of employees' safety - see appoint a competent person for health and safety
• pension scheme trustee training and duties
• trade union training and duties, including as a union learning representative and a union safety representative - read more on trade union membership rights

Time off for trade union activities

You must give employees who are union representatives of an independent trade union recognised by the employer reasonable paid time off for carrying out union duties and for any training relating to their trade union duties.

Union duties are those matters covered by collective bargaining agreements between the employer and the trade union eg duties concerned with functions related to, or connected with, terms and conditions of employment, etc.

There is no statutory requirement to pay for time off where the duty is carried out at a time when the union representative would not otherwise have been at work, unless the union representative works flexible hours, such as night shift, but is required to perform representative duties during normal hours.

Union representatives and employees who are trade union members of an independent trade union recognised by the employer are entitled to reasonable unpaid time off for carrying out union activities. However, employers may consider payment in certain circumstances, for example, to ensure that workplace meetings are fully represented.

Union activities include:

• voting in union elections
• meeting full-time officials to discuss issues relevant to the workplace
• attending workplace meetings to discuss and vote on the outcome of negotiations

Time off to accompany a colleague at a disciplinary, grievance, flexible working hearing

Workers - not just employees - have the right to paid time off to accompany a colleague who is:

• the subject of a disciplinary hearing
• attending a hearing relating to a grievance they have raised
• attending a hearing relating to a flexible working request they have made

Employees, or agency workers who have worked for 12 continuous weeks in the same job with the same hirer, who are pregnant, new mothers, and adoptive parents - and the partners of such employees - may be entitled to statutory time off around the birth or adoption of their child. Some of this time off is paid if the employee qualifies.

Time off for antenatal care and maternity leave

An employee who becomes pregnant is entitled to:

• paid time off during working hours for antenatal care before maternity leave begins
• be suspended on full pay before maternity leave begins if her job poses a risk to her and/or her unborn baby and there is no suitable alternative work for her
• 52 weeks statutory maternity leave (SML)

She is entitled to statutory maternity pay for the first 39 weeks of SML - but only if she meets certain qualifying criteria.

For more information, see pregnancy at work and maternity leave and pay.

Time off for antenatal care - partner

Since 5 April 2015, employees who are the husband or partner (including same-sex partner) of a pregnant woman, or are the father of the expected child, or either of the intended parents who are expecting a child from a surrogate mother and who are eligible for and intend to apply for a Parental Order (or have obtained such an Order), are entitled to take unpaid time off work to accompany the pregnant woman to up to two of her antenatal appointments.

The time off is capped at 6.5 hours for each appointment. No qualifying service is required.

Adoption leave

If they meet certain qualifying criteria, an employee when adopting a child is entitled to:

• 52 weeks' statutory adoption leave
• 39 weeks' statutory adoption pay

For more information, see adoption leave and pay.

See also employers' maternity, paternity and adoption calculator.

Time off - pre-adoption appointments

From 5 April 2015, employees who are the primary adopters of a child are entitled to paid time off to attend five appointments after being notified of a match for adoption.

Also from this date, employees who are secondary adopters are entitled to unpaid time off to attend two appointments after being notified of a match for adoption. This is capped at 6.5 hours for each appointment. No qualifying service applies.

Note that in Northern Ireland, in exceptional cases, time off for pre-adoption appointments may also be granted where an adoption agency intends to place a child with approved foster parents who are also approved prospective adopters.

The agency will supply the foster parents with correspondence which can be shown to the employer explaining that they have met the relevant criteria for being matched with the child for the purposes of taking time off, as well as, other entitlements open to adopters.

Paternity leave

If they meet certain qualifying criteria, an employee who is the partner of either a new mother or a main adoptive parent is entitled to:

• take a single block of either one week or two consecutive weeks' paternity leave on the birth or adoption of the child
• one or two weeks' statutory paternity pay

Read more on paternity leave and pay.

Shared parental leave

Eligible employees can take shared parental leave.

Read more on shared parental leave and pay.

Parental leave

An employee who is a parent is entitled to take 18 weeks of unpaid parental leave. The leave must be taken before the child's 18th birthday and employees can take a maximum of four weeks' leave in any year in respect of any individual child.

To qualify for parental leave, the employee must have at least one year's continuous service with you at the time they wish to take the leave.

For more information, see parental leave and time off for dependants.

Parental bereavement leave

An employee may be eligible for Statutory Parental Bereavement Leave if they or their partner either:

• has a child who has died under 18 years old
• had a stillbirth after 24 weeks of pregnancy

The death or stillbirth must have happened on or after 6 April 2022.

An employee can take 2 weeks leave from the first day of their employment for each child who has died or was stillborn.

They can choose to take:

• 2 weeks together
• 2 seperate weeks of leave
• only one week of leave

The leave:

• can start on or after the date of the death or stillbirth
• must finish within 56 weeks of the date of the death or stillbirth

For more information, see parental bereavement leave and pay.

All employees are entitled to reasonable unpaid time off to deal with an emergency involving a dependant. It can be paid if their employment contract says so, and they will not have to make the time up later on, typically in these arrangements.

A dependant normally means a partner, children, or close family members, but could also mean someone else, such as a frail neighbour who is looked after by an employee.

For more information, see parental leave and time off for dependants.

Leave for other reasons

Workers may want time off for personal reasons, eg to:

• move house
• attend a wedding
• when someone gets ill or injured
• carry out house renovations
• attend a religious ceremony/event
• deal with a family problem, eg a divorce
• attend a doctor's or dentist's appointment
• attend the funeral of a friend or non-dependant relative

There is no statutory right to this time off. You should have a written policy to cover these situations or you could agree to a period of unpaid leave. Alternatively, you could suggest that the employee use any holiday entitlement they may have.

Read more on the advantages of managing your staff's time off work.

Extended leave/career breaks

If you wish to allow employees to take extended leave or career breaks you should have a policy in place for extended leave/career breaks, eg where an employee wants a year away from work to get a qualification or spend time with their family.

The policy should cover:

• how long the leave can last
• how the leave can be used
• how you will continue to communicate with the employee
• whether you can guarantee they will return to the same job
• what happens if a redundancy situation arises while they are away
• whether or not the time away will count towards their continuous employment or break the continuity of employment
• the application procedure, including the amount of notice the employee must give and how to appeal if you reject the request
• notice that is required advising of a return to work

You should also be aware that an employee may make a request for a career break as part of a statutory request for flexible working. See flexible working: the law and best practice.

Employees holding certain public positions are entitled to reasonable unpaid time off to perform their duties. These roles include:

• Lay Magistrate, sometimes known as a justice of the peace
• a member of a district council, the Northern Ireland Library Authority (Libraries NI), relevant health or education bodies, a policing and community safety partnership, or a district policing and community partnership
• member of any statutory tribunal, an environmental agency, or of the boards of prison visitors

Time off for public duties - nidirect guidance.

Employees can refer their complaint for determination by an industrial tribunal or statutory arbitration if they are unreasonably refused time off for public duties or dismissed for asserting the right to time off for public duties.

Jury service

You must not dismiss an employee or subject them to a detriment for having been summoned to participate in jury service.

The employee would not need a year's continuous employment to lodge an unfair dismissal claim - and any such dismissal would be seen to be automatically unfair by an industrial tribunal.

Employees are not protected against unfair dismissal if after you have told them you believe your business will be seriously harmed by their absence, they unreasonably refuse or fail to apply to have their jury service deferred or to be excused from it. Not all applications are granted, this is subject to a judicial decision.

You do not have to pay staff while they are doing jury service, unless the employee's contract permits this. An employee who is not paid during absence from work on jury service may however claim compensation for loss of earnings from the court. This will require the employer to complete a certificate showing the employee's loss of earnings. An allowance sheet outlining the maximum amounts allowable for loss of earnings is handed out to the members of the jury pool on the first day of service. See jury service - nidirect guidance.

To learn more about your responsibilities as an employer of a juror, see information for employers of jurors.

Lay Magistrate duty

You must allow employees who are lay magistrates time off to perform their duties.

While you are not legally required to pay employees on lay magistrate service, many employers choose to do so.

There is a statutory obligation for employers to allow jurors to attend court. If you have an employee who has been selected to serve as a juror, it may have a significant effect on their ability to attend their place of work.

Length of jury service

Jurors usually try the more serious criminal cases that are heard at the Crown Court, such as assault, burglary, fraud, or murder. Juries are also sometimes required at Coroner's Inquests. The majority of individual trials last only a few days, however, a typical jury can remain in place for up to four weeks (during this time, the same juror can be selected to sit on more than one trial).

Some trials, however, can take weeks, or even months, to complete. It is difficult to estimate at the outset exactly how long each witness' evidence will last or what factors may delay or reduce the length of the trial and the estimated length can change at any stage. You should bear this in mind when making plans for staff cover during periods of absence because of jury service.

The court will keep the jurors informed of the estimated length of the trial as it progresses. If at any time you have any queries you can contact the relevant court office - see jury panel information from the Department of Justice.

Jury selection

All jurors are selected entirely at random, from the initial selection of people from the electoral register through to the selection of the 12 jurors who form the jury. Usually, a panel of 15 to 18 potential jurors is taken to the court at the start of a trial from which the 12 jurors are selected.

For a long trial, however, the trial judge may request a larger panel. Jurors will not be excused from jury service unless they have a valid reason. It is for the judge to decide whether there is a valid reason for excusal from jury service.

Contact with your employee during their jury service

There may be occasions during the course of the trial when the court is not sitting and the jurors are not required. Jurors are encouraged to keep in contact with their employers during such breaks, either by temporarily returning to work (if they are allowed to by their employer), or discussing with a colleague or manager anything work-related which has occurred in their absence. They are not allowed to discuss the details of the case with anyone.

Allowances

Jurors' allowances are set by law and the court has no discretion to exceed them. Allowances cannot be paid to anyone other than the juror. A claim form entitled 'Claim for Payment' is included with the summons for jury service. An information leaflet entitled 'Allowances for Jury Service' is handed out on the first day of service. You may also request a hard copy by contacting the Customer Service Centre on Tel 0300 200 7812 or you can read further details about claiming juror allowances. Jurors can claim three types of allowance: travel; subsistence allowance; and financial loss.

Travel

Reimbursement of standard rate public transport fares, or a set mileage rate if the juror has to drive.

Subsistence allowance

An allowance of up to £5.71 if they are away from home / work over five hours but less than ten hours, or up to £12.17 if they are away from home for longer than ten hours. This meal allowance is only payable if a meal is not provided at public expense. Receipts for any meals bought in these circumstances must be provided and the juror can only claim for the amount spent up to the maximum of the appropriate allowance. Most courthouses provide jury lunches when required.

Financial loss (Including loss of earnings)

Financial loss, which incorporates any loss of earnings, reimburses any loss as a direct result of jury service up to daily maximum limits. The maximum payable doubles from the 11th day of jury service onwards. The maximum limits are for total financial loss so if, for example, a juror is claiming for loss of earnings and childcare on the same day then the maximum relates to the combined loss.

The maximum rates are:

For the first ten days

• For a period not exceeding four hours: £32.47
• For a period of more than four hours: £64.95

From the 11th day onwards

The maximum limit increases to £129.91 per day.

The maximum limits are for combined/total financial loss to include:

• loss of earnings
• childcare
• National Insurance contributions
• pension contributions

If a juror is not being fully paid whilst on jury service they can claim back any shortfall up to the daily maximum. If they are losing more than the maximum, the balance cannot be paid by the court.

If a juror losing earnings wishes to claim financial loss, you as their employer must complete the 'Employer's Certificate' at the back of the claim form on the jury summons, certifying their net daily loss. If they do not earn the same rate each day then an average figure should be used.

The court cannot reimburse loss of earnings without a valid 'Employer's Certificate'. Payment by the Courts and Tribunals Service is made to the juror and any arrangement for employers to recoup wages is a matter between the juror and their employer.

Employers topping up loss of earnings

Many employers with an employee on jury service will continue to pay them whilst on jury service. Other employers will not pay those employees entitled to full reimbursement by the court but will top up the loss for those losing more than the maximum.

For example, if a juror earns £80.00 per day net, but can only claim £64.95 per day in the first ten days, the employer may pay the juror £15.05 net so they do not lose out.

National Insurance contributions whilst on jury service

Your employee may wish to make a National Insurance contribution for the weeks when they were not able to work because they were on jury service and claim it back under the financial loss allowance. This will apply if you do not pay them whilst they are on jury service or if any earnings they receive are less than the Lower Earnings Limit for National Insurance contributions. This is £123 per week for the 2023-24 tax year.

Even if they had lower earnings during the period of jury service, they may not need to be credited with contributions. Because employees' National Insurance contributions are earnings-related, it is possible to pay sufficient for the tax year to count towards future state pension entitlement in a much shorter period. They need only apply for contributions to be credited for periods of jury service to make up their record if they are told that they have a deficient record for the tax year in question, either when they make a claim for benefit in the future or they get a deficiency notice.

Pension contributions

If you are paying a contribution towards your employee's pension that ceases because they will not be working for you for a significant period of time due to their jury service, the loss of pension contributions can be covered by the financial loss allowance. Jurors will be required to provide proof of the contributions, and also proof that their employer is ceasing to pay these contributions during the period that the employee is on jury service. This is also subject to the maximum daily allowance threshold.

It would be useful for you to talk to your employee about their pension scheme so that they understand whether and how payments will be made whilst they are on jury service and whether they need to account to you from the sums paid by the court as allowances (if any).

The court can only pay allowances to the juror and not to any third party such as you as their employer. Therefore, if they are claiming their pension contributions under the financial loss allowance, they should remember that the allowance will be paid to them and it is their responsibility to pay the amount of contributions lost back to you. You and your employee should agree on the procedure for this.

Jurors employed by a recruitment agency

If you are a recruitment agency and one of your employees is called for jury service during a contract to work for an employer, you should fill out the 'Employer's Certificate', reflecting what they would have earned during their period of jury service. It will be necessary for you to state either in a separate letter or on the certificate when the contract is due to expire.

If they are called for jury service just before they start a contract for work, they will have to provide evidence of that contract along with their daily net pay and the duration of the contract.

If they are not working through your agency or they do not have a forthcoming contract, the court cannot pay any loss of earnings allowance.

Insurance

Some business insurance policies have provisions for losses incurred as a result of jury service. They can cover losses due to employees being called for jury service or may also cover any losses incurred as a result of rearranging a business trip. You should carefully read through your policy (if you have one) to check its terms.

The Employment Relations (Northern Ireland) Order 2004

The Employment Relations (Northern Ireland) Order 2004 (Article 20) outlines employers' responsibilities when their employees are summonsed for jury service.

The Order protects employees from any detriment that they might suffer as a result of jury service. This might occur if, for example, a juror was prevented from going back to the same job or was being excluded from pay awards or promotion opportunities as a result of their jury service. Some jobs require skills which need to be current, so an employer who insists on retraining after a long absence eg for safety reasons, may not necessarily be imposing a detriment.

Protection is also given to employees against employers who unfairly dismiss them for performing jury service.

Further jury service

When a jury sits on a trial that the judge deems to have been particularly difficult or demanding for the jury, he has the discretion to give the jurors the right to be excused for as long a period as he thinks fit (this could even be for life), depending upon the circumstances. If they are excused at the end of a trial and are called again they should contact the court office.

Employees who are in the Reserve Forces or Territorial Army may need time off for training. Reservists may even need time off if they are called up for military service.

For more information, see employing a member of the Reserve Forces and what to expect if a Reservist employee is called up for service.

Allowing staff time off work has a number of benefits.

However, you should ensure that you have a policy in place so you know how to deal with time-off requests.

You might also want to consider allowing flexible working to further improve work-life balance, and you must consider requests from certain qualifying employees.

Advantages of allowing time off work

Agreeing to requests for time off for personal and family reasons - and paying them for this time off - can:

• improve staff retention/loyalty
• maintain or improve staff morale
• reduce the stress caused by a conflict between work and personal commitments
• help your staff see you as a fair employer

Allowing staff to take time off for public duties and service can help them gain new skills and provide them with an opportunity for personal development.

Time-off work policies

It is good practice to have a policy on time off. This can help you deal with time-off requests fairly and consistently.

The policy should cover the statutory time-off rights as well as situations where you may need to grant discretionary time off. Read more on time off work for personal commitments and emergencies.

Any policy should make it clear:

• whether or not discretionary leave will be paid
• how much notice the employee must give in order to qualify for the time off
• what you will do if you suspect an employee is taking the time off not for the reason they claimed

You should ensure that staff are aware of the policy and notify them if it changes in any way.

Make sure your policy is non-discriminatory, including the way you apply it.

You should keep records of requests for time off and how much is taken, especially if it becomes unreasonable. Read more on staff records.

Flexible working

You can give employees more time away from work by allowing them to work flexibly.

Certain employees have the right to request flexible working.

In addition, you should consider allowing those who don't have the right to request flexible working to make such requests.

See flexible working: the law and best practice and how to promote healthy work-life balance in your business.

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?
Annual leave - 5.6 weeks	All workers	Statutory	Yes
Bank and public holidays *	All workers	Discretionary	No, unless it is part of the minimum statutory annual leave entitlement
Training/continuing education for 16-18 year olds	Employees only	Statutory	Yes
Training to be, and working as, a representative of employee safety	Employees only	Statutory	Yes
Training to be, and carrying out duties as, a pension scheme trustee	Employees only	Statutory	Yes
Training for, and carrying out, trade union duties, including as a union learning and union safety representative	Employees only	Statutory	Yes
Carrying out trade union activities	Employees only	Statutory	No
Training for, and carrying out duties as, a union representative	Employees only	Statutory	Yes
Accompanying a colleague at a disciplinary/grievance/ flexible working request	All workers	Statutory	Yes
Carrying out duties as an employee representative in a collective redundancy situation - including making arrangements to be elected and training as such a representative	Employees only	Statutory	Yes
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	Employees only	Statutory	Yes
Carrying out duties as a negotiating representative or information and consultation representative	Employees only	Statutory	Yes
Jobhunting/training when being made redundant	Employees only	Statutory	Yes
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	Employees only	Statutory	No
Suspension from work on medical grounds	Employees only	Statutory	Yes, for employees with at least one month's service, and for a maximum of six months
Suspension from work on maternity grounds	Employees only	Statutory	Yes
Emergencies involving a dependant	Employees only	Statutory	No
Maternity leave (52 weeks)	Employees only	Statutory	Yes (39 of the 52 weeks - subject to certain qualification criteria) **
Paternity leave (single block of one or two consecutive weeks - subject to certain qualification criteria)	Employees only	Statutory	Yes - subject to certain qualification criteria **
Adoption leave (52 weeks - subject to certain qualification criteria)	Employees only	Statutory	Yes (39 of the 52 weeks - subject to certain qualification criteria) **
Parental leave (subject to certain qualification criteria)	Employees only	Statutory	No
Parental bereavement leave	Employees only	Statutory	Yes, subject to certain qualification criteria
Antenatal care	Employees only	Statutory	Yes
Compassionate leave, eg to attend the funeral of a non-dependant	All workers	Discretionary	No
Visiting a sick relative	All workers	Discretionary	No
Moving house	All workers	Discretionary	No
Religious observance	All workers	Discretionary	No - but avoid discrimination on the grounds of religion/belief
Carrying out public duties, eg as a magistrate, school governor, or member of a local authority	Employees only	Statutory	No
Jury service	All workers	Statutory	No
Territorial Army and reservist training	All workers	Discretionary	No
Active duty as a reservist	All workers	Discretionary	No
Extended leave/sabbatical	All workers	Discretionary	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.

Employees, and other types of workers, have a range of rights to time off work. While most of these rights are only available to employees, some are available to all workers. Note that some of this time off must be paid.

Annual leave and other time off

For example, you must give every worker paid annual leave of at least 5.6 weeks - 28 working days for those working a five or six-day week. This can include bank holidays and public holidays.

However, you must not dismiss or subject a worker to any detriment if:

• they try to use their statutory rights to time off
• you think they are planning to use one of these rights

Where a worker does not have the statutory right to time off, or has the right but the time off is unpaid, you can choose to:

• allow that time off
• pay them for the time off

For more information, see our table on paid and unpaid statutory time-off rights for employees and other workers.

In certain situations, employees have the right to paid time off to act as a trade union or employee representative for the purposes of information and consultation between staff and the employer.

Collective redundancy situations - time off for consultation

Trade union or elected employee representatives have the right to reasonable paid time off to attend information and consultation meetings during a collective redundancy situation.

For more information, see redundancy: the options.

Business transfer situations - time off for consultation

If you are selling your business (or part of your business), trade union or elected employee representatives have the right to reasonable paid time off to attend information and consultation meetings.

For information on business transfer situations and employees, see responsibilities to employees if you buy or sell a business.

In both collective redundancy and business transfer situations, you must allow employees paid time off where they are:

• standing in an election to become an employee representative
• undertaking training as such a representative

Read more on working with non-union representatives.

Information and consultation agreements

Negotiating representatives have the right to reasonable paid time off for meetings to set up an information and consultation (I&C) arrangement.

I&C representatives have the right to reasonable paid time off to exercise their duties.

The same right applies to members of a special negotiating body or European Works Council.

For more information, see inform and consult your employees.

Employees can have paid time off to:

• receive training and/or look for a new job if being made redundant
• receive training for certain job-related roles
• carry out certain job-related duties

Young employees are entitled to paid time off for training if they meet specific criteria.

Basic training/continuing training for young workers

Employees aged 16 and 17 years old who did not reach a certain standard of education at school have the right to reasonable time off with pay while studying for a qualification that will help them reach that standard.

If they turn 18 years old while studying, they have the right to complete the course.

Time off for job-seeking/retraining in a redundancy situation

An employee with at least two years of continuous service who is being made redundant can take reasonable time off with pay to look for another job, or to arrange training. The employer does not have to pay more than two-fifths of a week's pay no matter how much time off they give the employee. For more information, see redundancy: the options.

Time off for carrying out duties for certain job-related roles

Employees have the right to paid time off to carry out:

• duties as a representative of employees' safety - see appoint a competent person for health and safety
• pension scheme trustee training and duties
• trade union training and duties, including as a union learning representative and a union safety representative - read more on trade union membership rights

Time off for trade union activities

You must give employees who are union representatives of an independent trade union recognised by the employer reasonable paid time off for carrying out union duties and for any training relating to their trade union duties.

Union duties are those matters covered by collective bargaining agreements between the employer and the trade union eg duties concerned with functions related to, or connected with, terms and conditions of employment, etc.

There is no statutory requirement to pay for time off where the duty is carried out at a time when the union representative would not otherwise have been at work, unless the union representative works flexible hours, such as night shift, but is required to perform representative duties during normal hours.

Union representatives and employees who are trade union members of an independent trade union recognised by the employer are entitled to reasonable unpaid time off for carrying out union activities. However, employers may consider payment in certain circumstances, for example, to ensure that workplace meetings are fully represented.

Union activities include:

• voting in union elections
• meeting full-time officials to discuss issues relevant to the workplace
• attending workplace meetings to discuss and vote on the outcome of negotiations

Time off to accompany a colleague at a disciplinary, grievance, flexible working hearing

Workers - not just employees - have the right to paid time off to accompany a colleague who is:

• the subject of a disciplinary hearing
• attending a hearing relating to a grievance they have raised
• attending a hearing relating to a flexible working request they have made

Employees, or agency workers who have worked for 12 continuous weeks in the same job with the same hirer, who are pregnant, new mothers, and adoptive parents - and the partners of such employees - may be entitled to statutory time off around the birth or adoption of their child. Some of this time off is paid if the employee qualifies.

Time off for antenatal care and maternity leave

An employee who becomes pregnant is entitled to:

• paid time off during working hours for antenatal care before maternity leave begins
• be suspended on full pay before maternity leave begins if her job poses a risk to her and/or her unborn baby and there is no suitable alternative work for her
• 52 weeks statutory maternity leave (SML)

She is entitled to statutory maternity pay for the first 39 weeks of SML - but only if she meets certain qualifying criteria.

For more information, see pregnancy at work and maternity leave and pay.

Time off for antenatal care - partner

Since 5 April 2015, employees who are the husband or partner (including same-sex partner) of a pregnant woman, or are the father of the expected child, or either of the intended parents who are expecting a child from a surrogate mother and who are eligible for and intend to apply for a Parental Order (or have obtained such an Order), are entitled to take unpaid time off work to accompany the pregnant woman to up to two of her antenatal appointments.

The time off is capped at 6.5 hours for each appointment. No qualifying service is required.

Adoption leave

If they meet certain qualifying criteria, an employee when adopting a child is entitled to:

• 52 weeks' statutory adoption leave
• 39 weeks' statutory adoption pay

For more information, see adoption leave and pay.

See also employers' maternity, paternity and adoption calculator.

Time off - pre-adoption appointments

From 5 April 2015, employees who are the primary adopters of a child are entitled to paid time off to attend five appointments after being notified of a match for adoption.

Also from this date, employees who are secondary adopters are entitled to unpaid time off to attend two appointments after being notified of a match for adoption. This is capped at 6.5 hours for each appointment. No qualifying service applies.

Note that in Northern Ireland, in exceptional cases, time off for pre-adoption appointments may also be granted where an adoption agency intends to place a child with approved foster parents who are also approved prospective adopters.

The agency will supply the foster parents with correspondence which can be shown to the employer explaining that they have met the relevant criteria for being matched with the child for the purposes of taking time off, as well as, other entitlements open to adopters.

Paternity leave

If they meet certain qualifying criteria, an employee who is the partner of either a new mother or a main adoptive parent is entitled to:

• take a single block of either one week or two consecutive weeks' paternity leave on the birth or adoption of the child
• one or two weeks' statutory paternity pay

Read more on paternity leave and pay.

Shared parental leave

Eligible employees can take shared parental leave.

Read more on shared parental leave and pay.

Parental leave

An employee who is a parent is entitled to take 18 weeks of unpaid parental leave. The leave must be taken before the child's 18th birthday and employees can take a maximum of four weeks' leave in any year in respect of any individual child.

To qualify for parental leave, the employee must have at least one year's continuous service with you at the time they wish to take the leave.

For more information, see parental leave and time off for dependants.

Parental bereavement leave

An employee may be eligible for Statutory Parental Bereavement Leave if they or their partner either:

• has a child who has died under 18 years old
• had a stillbirth after 24 weeks of pregnancy

The death or stillbirth must have happened on or after 6 April 2022.

An employee can take 2 weeks leave from the first day of their employment for each child who has died or was stillborn.

They can choose to take:

• 2 weeks together
• 2 seperate weeks of leave
• only one week of leave

The leave:

• can start on or after the date of the death or stillbirth
• must finish within 56 weeks of the date of the death or stillbirth

For more information, see parental bereavement leave and pay.

All employees are entitled to reasonable unpaid time off to deal with an emergency involving a dependant. It can be paid if their employment contract says so, and they will not have to make the time up later on, typically in these arrangements.

A dependant normally means a partner, children, or close family members, but could also mean someone else, such as a frail neighbour who is looked after by an employee.

For more information, see parental leave and time off for dependants.

Leave for other reasons

Workers may want time off for personal reasons, eg to:

• move house
• attend a wedding
• when someone gets ill or injured
• carry out house renovations
• attend a religious ceremony/event
• deal with a family problem, eg a divorce
• attend a doctor's or dentist's appointment
• attend the funeral of a friend or non-dependant relative

There is no statutory right to this time off. You should have a written policy to cover these situations or you could agree to a period of unpaid leave. Alternatively, you could suggest that the employee use any holiday entitlement they may have.

Read more on the advantages of managing your staff's time off work.

Extended leave/career breaks

If you wish to allow employees to take extended leave or career breaks you should have a policy in place for extended leave/career breaks, eg where an employee wants a year away from work to get a qualification or spend time with their family.

The policy should cover:

• how long the leave can last
• how the leave can be used
• how you will continue to communicate with the employee
• whether you can guarantee they will return to the same job
• what happens if a redundancy situation arises while they are away
• whether or not the time away will count towards their continuous employment or break the continuity of employment
• the application procedure, including the amount of notice the employee must give and how to appeal if you reject the request
• notice that is required advising of a return to work

You should also be aware that an employee may make a request for a career break as part of a statutory request for flexible working. See flexible working: the law and best practice.

Employees holding certain public positions are entitled to reasonable unpaid time off to perform their duties. These roles include:

• Lay Magistrate, sometimes known as a justice of the peace
• a member of a district council, the Northern Ireland Library Authority (Libraries NI), relevant health or education bodies, a policing and community safety partnership, or a district policing and community partnership
• member of any statutory tribunal, an environmental agency, or of the boards of prison visitors

Time off for public duties - nidirect guidance.

Employees can refer their complaint for determination by an industrial tribunal or statutory arbitration if they are unreasonably refused time off for public duties or dismissed for asserting the right to time off for public duties.

Jury service

You must not dismiss an employee or subject them to a detriment for having been summoned to participate in jury service.

The employee would not need a year's continuous employment to lodge an unfair dismissal claim - and any such dismissal would be seen to be automatically unfair by an industrial tribunal.

Employees are not protected against unfair dismissal if after you have told them you believe your business will be seriously harmed by their absence, they unreasonably refuse or fail to apply to have their jury service deferred or to be excused from it. Not all applications are granted, this is subject to a judicial decision.

You do not have to pay staff while they are doing jury service, unless the employee's contract permits this. An employee who is not paid during absence from work on jury service may however claim compensation for loss of earnings from the court. This will require the employer to complete a certificate showing the employee's loss of earnings. An allowance sheet outlining the maximum amounts allowable for loss of earnings is handed out to the members of the jury pool on the first day of service. See jury service - nidirect guidance.

To learn more about your responsibilities as an employer of a juror, see information for employers of jurors.

Lay Magistrate duty

You must allow employees who are lay magistrates time off to perform their duties.

While you are not legally required to pay employees on lay magistrate service, many employers choose to do so.

There is a statutory obligation for employers to allow jurors to attend court. If you have an employee who has been selected to serve as a juror, it may have a significant effect on their ability to attend their place of work.

Length of jury service

Jurors usually try the more serious criminal cases that are heard at the Crown Court, such as assault, burglary, fraud, or murder. Juries are also sometimes required at Coroner's Inquests. The majority of individual trials last only a few days, however, a typical jury can remain in place for up to four weeks (during this time, the same juror can be selected to sit on more than one trial).

Some trials, however, can take weeks, or even months, to complete. It is difficult to estimate at the outset exactly how long each witness' evidence will last or what factors may delay or reduce the length of the trial and the estimated length can change at any stage. You should bear this in mind when making plans for staff cover during periods of absence because of jury service.

The court will keep the jurors informed of the estimated length of the trial as it progresses. If at any time you have any queries you can contact the relevant court office - see jury panel information from the Department of Justice.

Jury selection

All jurors are selected entirely at random, from the initial selection of people from the electoral register through to the selection of the 12 jurors who form the jury. Usually, a panel of 15 to 18 potential jurors is taken to the court at the start of a trial from which the 12 jurors are selected.

For a long trial, however, the trial judge may request a larger panel. Jurors will not be excused from jury service unless they have a valid reason. It is for the judge to decide whether there is a valid reason for excusal from jury service.

Contact with your employee during their jury service

There may be occasions during the course of the trial when the court is not sitting and the jurors are not required. Jurors are encouraged to keep in contact with their employers during such breaks, either by temporarily returning to work (if they are allowed to by their employer), or discussing with a colleague or manager anything work-related which has occurred in their absence. They are not allowed to discuss the details of the case with anyone.

Allowances

Jurors' allowances are set by law and the court has no discretion to exceed them. Allowances cannot be paid to anyone other than the juror. A claim form entitled 'Claim for Payment' is included with the summons for jury service. An information leaflet entitled 'Allowances for Jury Service' is handed out on the first day of service. You may also request a hard copy by contacting the Customer Service Centre on Tel 0300 200 7812 or you can read further details about claiming juror allowances. Jurors can claim three types of allowance: travel; subsistence allowance; and financial loss.

Travel

Reimbursement of standard rate public transport fares, or a set mileage rate if the juror has to drive.

Subsistence allowance

An allowance of up to £5.71 if they are away from home / work over five hours but less than ten hours, or up to £12.17 if they are away from home for longer than ten hours. This meal allowance is only payable if a meal is not provided at public expense. Receipts for any meals bought in these circumstances must be provided and the juror can only claim for the amount spent up to the maximum of the appropriate allowance. Most courthouses provide jury lunches when required.

Financial loss (Including loss of earnings)

Financial loss, which incorporates any loss of earnings, reimburses any loss as a direct result of jury service up to daily maximum limits. The maximum payable doubles from the 11th day of jury service onwards. The maximum limits are for total financial loss so if, for example, a juror is claiming for loss of earnings and childcare on the same day then the maximum relates to the combined loss.

The maximum rates are:

For the first ten days

• For a period not exceeding four hours: £32.47
• For a period of more than four hours: £64.95

From the 11th day onwards

The maximum limit increases to £129.91 per day.

The maximum limits are for combined/total financial loss to include:

• loss of earnings
• childcare
• National Insurance contributions
• pension contributions

If a juror is not being fully paid whilst on jury service they can claim back any shortfall up to the daily maximum. If they are losing more than the maximum, the balance cannot be paid by the court.

If a juror losing earnings wishes to claim financial loss, you as their employer must complete the 'Employer's Certificate' at the back of the claim form on the jury summons, certifying their net daily loss. If they do not earn the same rate each day then an average figure should be used.

The court cannot reimburse loss of earnings without a valid 'Employer's Certificate'. Payment by the Courts and Tribunals Service is made to the juror and any arrangement for employers to recoup wages is a matter between the juror and their employer.

Employers topping up loss of earnings

Many employers with an employee on jury service will continue to pay them whilst on jury service. Other employers will not pay those employees entitled to full reimbursement by the court but will top up the loss for those losing more than the maximum.

For example, if a juror earns £80.00 per day net, but can only claim £64.95 per day in the first ten days, the employer may pay the juror £15.05 net so they do not lose out.

National Insurance contributions whilst on jury service

Your employee may wish to make a National Insurance contribution for the weeks when they were not able to work because they were on jury service and claim it back under the financial loss allowance. This will apply if you do not pay them whilst they are on jury service or if any earnings they receive are less than the Lower Earnings Limit for National Insurance contributions. This is £123 per week for the 2023-24 tax year.

Even if they had lower earnings during the period of jury service, they may not need to be credited with contributions. Because employees' National Insurance contributions are earnings-related, it is possible to pay sufficient for the tax year to count towards future state pension entitlement in a much shorter period. They need only apply for contributions to be credited for periods of jury service to make up their record if they are told that they have a deficient record for the tax year in question, either when they make a claim for benefit in the future or they get a deficiency notice.

Pension contributions

If you are paying a contribution towards your employee's pension that ceases because they will not be working for you for a significant period of time due to their jury service, the loss of pension contributions can be covered by the financial loss allowance. Jurors will be required to provide proof of the contributions, and also proof that their employer is ceasing to pay these contributions during the period that the employee is on jury service. This is also subject to the maximum daily allowance threshold.

It would be useful for you to talk to your employee about their pension scheme so that they understand whether and how payments will be made whilst they are on jury service and whether they need to account to you from the sums paid by the court as allowances (if any).

The court can only pay allowances to the juror and not to any third party such as you as their employer. Therefore, if they are claiming their pension contributions under the financial loss allowance, they should remember that the allowance will be paid to them and it is their responsibility to pay the amount of contributions lost back to you. You and your employee should agree on the procedure for this.

Jurors employed by a recruitment agency

If you are a recruitment agency and one of your employees is called for jury service during a contract to work for an employer, you should fill out the 'Employer's Certificate', reflecting what they would have earned during their period of jury service. It will be necessary for you to state either in a separate letter or on the certificate when the contract is due to expire.

If they are called for jury service just before they start a contract for work, they will have to provide evidence of that contract along with their daily net pay and the duration of the contract.

If they are not working through your agency or they do not have a forthcoming contract, the court cannot pay any loss of earnings allowance.

Insurance

Some business insurance policies have provisions for losses incurred as a result of jury service. They can cover losses due to employees being called for jury service or may also cover any losses incurred as a result of rearranging a business trip. You should carefully read through your policy (if you have one) to check its terms.

The Employment Relations (Northern Ireland) Order 2004

The Employment Relations (Northern Ireland) Order 2004 (Article 20) outlines employers' responsibilities when their employees are summonsed for jury service.

The Order protects employees from any detriment that they might suffer as a result of jury service. This might occur if, for example, a juror was prevented from going back to the same job or was being excluded from pay awards or promotion opportunities as a result of their jury service. Some jobs require skills which need to be current, so an employer who insists on retraining after a long absence eg for safety reasons, may not necessarily be imposing a detriment.

Protection is also given to employees against employers who unfairly dismiss them for performing jury service.

Further jury service

When a jury sits on a trial that the judge deems to have been particularly difficult or demanding for the jury, he has the discretion to give the jurors the right to be excused for as long a period as he thinks fit (this could even be for life), depending upon the circumstances. If they are excused at the end of a trial and are called again they should contact the court office.

Employees who are in the Reserve Forces or Territorial Army may need time off for training. Reservists may even need time off if they are called up for military service.

For more information, see employing a member of the Reserve Forces and what to expect if a Reservist employee is called up for service.

Allowing staff time off work has a number of benefits.

However, you should ensure that you have a policy in place so you know how to deal with time-off requests.

You might also want to consider allowing flexible working to further improve work-life balance, and you must consider requests from certain qualifying employees.

Advantages of allowing time off work

Agreeing to requests for time off for personal and family reasons - and paying them for this time off - can:

• improve staff retention/loyalty
• maintain or improve staff morale
• reduce the stress caused by a conflict between work and personal commitments
• help your staff see you as a fair employer

Allowing staff to take time off for public duties and service can help them gain new skills and provide them with an opportunity for personal development.

Time-off work policies

It is good practice to have a policy on time off. This can help you deal with time-off requests fairly and consistently.

The policy should cover the statutory time-off rights as well as situations where you may need to grant discretionary time off. Read more on time off work for personal commitments and emergencies.

Any policy should make it clear:

• whether or not discretionary leave will be paid
• how much notice the employee must give in order to qualify for the time off
• what you will do if you suspect an employee is taking the time off not for the reason they claimed

You should ensure that staff are aware of the policy and notify them if it changes in any way.

Make sure your policy is non-discriminatory, including the way you apply it.

You should keep records of requests for time off and how much is taken, especially if it becomes unreasonable. Read more on staff records.

Flexible working

You can give employees more time away from work by allowing them to work flexibly.

Certain employees have the right to request flexible working.

In addition, you should consider allowing those who don't have the right to request flexible working to make such requests.

See flexible working: the law and best practice and how to promote healthy work-life balance in your business.

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?
Annual leave - 5.6 weeks	All workers	Statutory	Yes
Bank and public holidays *	All workers	Discretionary	No, unless it is part of the minimum statutory annual leave entitlement
Training/continuing education for 16-18 year olds	Employees only	Statutory	Yes
Training to be, and working as, a representative of employee safety	Employees only	Statutory	Yes
Training to be, and carrying out duties as, a pension scheme trustee	Employees only	Statutory	Yes
Training for, and carrying out, trade union duties, including as a union learning and union safety representative	Employees only	Statutory	Yes
Carrying out trade union activities	Employees only	Statutory	No
Training for, and carrying out duties as, a union representative	Employees only	Statutory	Yes
Accompanying a colleague at a disciplinary/grievance/ flexible working request	All workers	Statutory	Yes
Carrying out duties as an employee representative in a collective redundancy situation - including making arrangements to be elected and training as such a representative	Employees only	Statutory	Yes
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	Employees only	Statutory	Yes
Carrying out duties as a negotiating representative or information and consultation representative	Employees only	Statutory	Yes
Jobhunting/training when being made redundant	Employees only	Statutory	Yes
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	Employees only	Statutory	No
Suspension from work on medical grounds	Employees only	Statutory	Yes, for employees with at least one month's service, and for a maximum of six months
Suspension from work on maternity grounds	Employees only	Statutory	Yes
Emergencies involving a dependant	Employees only	Statutory	No
Maternity leave (52 weeks)	Employees only	Statutory	Yes (39 of the 52 weeks - subject to certain qualification criteria) **
Paternity leave (single block of one or two consecutive weeks - subject to certain qualification criteria)	Employees only	Statutory	Yes - subject to certain qualification criteria **
Adoption leave (52 weeks - subject to certain qualification criteria)	Employees only	Statutory	Yes (39 of the 52 weeks - subject to certain qualification criteria) **
Parental leave (subject to certain qualification criteria)	Employees only	Statutory	No
Parental bereavement leave	Employees only	Statutory	Yes, subject to certain qualification criteria
Antenatal care	Employees only	Statutory	Yes
Compassionate leave, eg to attend the funeral of a non-dependant	All workers	Discretionary	No
Visiting a sick relative	All workers	Discretionary	No
Moving house	All workers	Discretionary	No
Religious observance	All workers	Discretionary	No - but avoid discrimination on the grounds of religion/belief
Carrying out public duties, eg as a magistrate, school governor, or member of a local authority	Employees only	Statutory	No
Jury service	All workers	Statutory	No
Territorial Army and reservist training	All workers	Discretionary	No
Active duty as a reservist	All workers	Discretionary	No
Extended leave/sabbatical	All workers	Discretionary	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.