101 Reasons to be off Work

There are many reasons why employees ask for time off work and it is important that employers are able to decide whether an employee is entitled to take the leave requested and whether it will be paid or unpaid leave. Getting it wrong may have unfortunate consequences. Refusing the leave or punishing an employee for taking the time off when he/she is entitled to it, is likely to lead to a claim in the Tribunal and the award of compensation – so this article is by way of a checklist of the “legal” reasons an employee could have to request time off. If the reason you have been given does not fall within any of these, then it will be up to you whether or not you allow it (subject of course to any provisions in the employee’s contract).

Paid Time Off Work

Annual leave

All workers are entitled to a minimum of four weeks paid annual leave. There is no statutory right to have bank holidays off as paid leave but employers may include them within the 4 weeks paid annual entitlement.

Time off for employee representatives

Employees who act as representatives for consultation about redundancies or business transfers, or are candidates to be representatives of this kind, are entitled to reasonable time off with pay during working hours to perform these functions and to receive appropriate training.

Time off for European Works Councils

Employees are allowed reasonable time off with pay to perform their functions as a member of a special negotiating body or a European Works Council, as an information and consultation representative or as a candidate in an election to be a member or representative.

Time off for occupational pension scheme trustees and directors of trustee companies

Employees who are trustees of an occupational pension scheme (as defined in section 1 of the Pension Schemes Act 1993) or directors of trustee companies are entitled to reasonable time off with pay to carry out any of their trustee's duties or to be trained for those duties.

Time off to accompany a colleague to a disciplinary, grievance or request for flexible working hearing

All employees have the right to accompany a colleague to a disciplinary or grievance hearing, or hearing about a request for flexible working. In addition, they should also have reasonable time off during working hours to talk to their colleague and prepare for the hearing. This time must be paid and they must not be penalised in any way for exercising this right.

Time off for safety representatives

Employees who are:

• safety representatives appointed by a trade union recognised by their employer; or
• representatives of employee safety elected to represent employees (where there is no recognised Trade Union are entitled to time off with pay to carry out their functions and to undergo training.

Time off for study
Employees aged 16 or 17 who have not achieved a certain standard in their education or training have the right to reasonable time off with pay to study or train for a relevant qualification which will help them towards that standard. Certain employees aged 18 have the right to complete study or training already begun. The study or training can be in the workplace, at college, with another employer or a training provider, or elsewhere.
There is no exemption for small firms, and no qualifying period of employment for the employee.

Time off for trade union duties and activities

All employees who are officials of an independent trade union which is recognised by the employer must be allowed reasonable time off with pay during working hours to:

• carry out union duties
• consult with the employer, or receive information from the employer, about mass redundancies or business transfers; or
• undergo training for union duties (as approved by the union or by the Trades Union Congress).

All employees who are members of an independent trade union which is recognised by the employer are also entitled to reasonable time off for certain trade union activities - for example, attending a union conference. The employer is not obliged to pay the employee for time off for these activities.

Time off for union learning representatives

Employees who are Union learning representatives are entitled to reasonable paid time off for training, for carrying out their duties; and protection against detriment. Union members are entitled to unpaid time off to consult their learning representative, as long as they belong to a bargaining unit for which the union is recognised. These rights are limited to independent unions in organisations where they are recognised for collective bargaining purposes

Sick leave

All employees are entitled to up to 28 weeks’ paid sick leave under the statutory sick pay rules subject to eligibility.

Paid and Unpaid time of for Parents

Maternity Leave etc …

Eligible employees who are mothers or fathers or the partner of the mother or father may be entitled to take time off work in regard to some (for fathers and partners) or all (for mothers) the following statutory rights –
 

• maternity leave (up to one year);
• adoption leave (up to one year);
• paternity leave (up to two weeks);
• parental leave (13 weeks per child).

The rules concerning eligibility for the various kinds of leave and pay are complex and are beyond the scope of this article. As a brief guide, apart from the first six months of maternity leave, they all require a period of qualifying employment. All except parental leave are accompanied by a right to statutory pay.

Time off for antenatal care

All pregnant employees are entitled to time off with pay to keep appointments for antenatal care made on the advice of a registered medical practitioner, midwife or health visitor. Antenatal care may include relaxation classes and parentcraft classes. Except for the first appointment, the employee must show the employer, if requested, a certificate from a registered medical practitioner, midwife or health visitor, confirming the pregnancy together with an appointment card or some other document showing that an appointment has been made.

Time off for dependants

All employees are entitled to a reasonable time off work without pay, to deal with an emergency involving a dependant, for example, if a dependant falls ill or is injured, if care arrangements break down, or to arrange or attend a dependant's funeral. A dependant for this purpose means not just a close relative but also someone the employee “looks after” such as an elderly neighbour.

Time of for Public Duties

All employees are entitled to take reasonable unpaid leave, to fulfil certain public functions – these include:-
 

• jury service;
• being a governor of a state school;
• being a prison visitor
• Justices of the Peace
• members of a local authority
• members of statutory tribunals
• members of a National Health Service Trust, an area, district or regional health authority or a Family Practitioner Committee
• members of a board of visitors for prisons, remand centres, or young offender institutions
• members of a police authority appointed under the Police Act 1964
• governors of a foundation school, higher education corporation or educational establishment maintained by a local education authority
• members of the National Rivers Authority.

Discretionary Leave

Employers have the discretion to decide whether an employee is entitled to take leave for the following reasons –
 

• to have a health check at the dentist, doctor or optician;
• compassionate leave;
• to attend training or to be called up for the reserves or the Territorial Army (subject to certain exemptions);

The list is quite extensive but it does not cover all the potentially legitimate reasons an employee could need to be away from work. For all these reasons, the employer can ask the employee to use annual holiday entitlement or can make a separate provision in the Contract of Employment. Also, where the entitlement is to unpaid leave, an employer might want to make a provision for paid leave.

Managing of time off

By making employees aware of their legal rights with regard to time off work, whether as paid or unpaid leave, an employer can ensure that they comply with their legal duties and by offering paid leave for non statutory paid leave such as compassionate leave, an employer can improve the working relationship with their employees, be seen as a fair employer and improve staff morale and staff retention.

This can be done by producing legally compliant company policies.

Any request made by an employee for time off should only be refused when the request seems unreasonable or the employee is not eligible. Employers should be careful not to discriminate directly or indirectly in relation to requests for time off e.g. to attend a religious festival. Employers should be consistent, fair and non-discriminatory in their approach to requests for time off.

There are various remedies for an employee whose employer has breached the rules on time off work, ranging from a declaration and compensation to a finding of automatic unfair dismissal if an employee is victimised as a result of making a legitimate request for time off work. In view of this it is important that employers are aware of their legal obligations and have clear policies in regard to time off work to ensure that their employees are also aware of when they can and cannot take time off work and whether they will be paid for the time off if they do. In a competitive employment market, the provisions for paid leave or of the flexibility to make up time taken to visit the Doctor or Dentist etc … may be the key in attracting staff.