If you are an employee in the UK, you may be wondering what your rights are when it comes to unpaid leave.
We will answer the question, ‘What is unpaid leave?’ and discuss who is eligible for it.
Also, find out – how much unpaid leave is a typical employee entitled to and what steps should they take to request it?
We will also provide some tips on how to manage your finances during this period.
Read on to find out how this subject applies to you in your workplace.
Brought to you by Purple CVKey points: Unpaid Leave In The UK
- Unpaid leave allows employees to take time off work without pay while retaining their employment status.
- Common types of unpaid leave include parental leave, compassionate leave, sabbaticals, jury service and unpaid holidays.
- Employee contracts and workplace policies determine how unpaid leave is handled, but certain rights are protected by UK law.
- Eligible parents are entitled to up to 18 weeks of unpaid parental leave per child, with limits on annual usage.
- Requests for unpaid leave must usually be made in writing, and employers can only refuse in specific, justifiable circumstances.
- Employees on unpaid leave may be able to access financial support, and employers must not discriminate against staff for taking lawful leave.
- From 6 April 2026, unpaid parental leave becomes a day-one right under the Employment Rights Act 2025, removing the one-year threshold.
What is unpaid leave?
Unpaid leave refers to a period of time that an employee spends outside of work without pay, while retaining their employment status.
It differs from sick leave. Employees are entitled to a certain amount of paid sick leave or sick pay.
The same goes for maternity and paternity leave. There are several kinds of paid leave available to workers.
In contrast, with unpaid leave, the employer has no legal right to pay during this period.
Types include:
- Unpaid parental leave
- A career break / sabbatical
- Compassionate leave
- Emergency situations
- Unpaid holiday
Note that some types of employee leave can be paid or unpaid, depending on the contract or agreement between employer and employee.
Compassionate leave, parental leave and taking a career break are examples of this.
Employee contracts
Employee contracts vary regarding unpaid leave time allocated to, for example, unpaid holidays, parental responsibility, medical appointments etc.
Most employers will consider an employee’s request in context and grant reasonable time to the employee according to their needs.
If you are unsure, consult the government resources linked below and review your employment contract or employee handbook.
The employment contract will contain relevant information related specifically to your position, but remember that UK employees are entitled to reasonable unpaid leave in certain circumstances according to the law.
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Public duties e.g. jury service
Sometimes, an unpaid absence is necessitated by the law, when one’s presence is required for jury service.
However, accommodations can be made; a change of date for your jury service can be requested, or your employer may need you for that period.
Jury service accommodations are considered on a case-by-case basis.
If you are called up for jury duty, this time is typically considered unpaid leave. However, you can claim money back to compensate for lost earnings and it’s possible that your employer may choose to let you take the time off as paid leave.
Unpaid parental leave
One of the most important kinds of leave many employees will consider is parental leave.
Paid leave for new mothers and fathers is generally available in the UK. Beyond that, parental leave is not paid.
You are entitled to 18 weeks’ unpaid parental leave for each child, with a maximum of 4 weeks to be used in a given year.
Eligible parents may pursue unpaid parental leave to, for example, organise childcare or spend time with family members.
Taking unpaid parental absence does not affect employment rights.
Current rules require over one year of service for unpaid parental leave eligibility, but this is changing under the Employment Rights Act 2025. From 6 April 2026, this becomes a day-one right under the Employment Rights Act 2025, removing the one-year threshold.
How to request unpaid leave and can an employer refuse?
In order to take leave, eligible employees must make a written request to their employer.
The request should include details of why the leave is being requested and for how long it will be taken.
Employers must respond to the request as soon as possible. But while there is some employer’s discretion, they can only reject requests in specific circumstances, such as if it would cause substantial harm to the business or put other employees’ safety at risk.
Should an employer refuse unpaid leave, consider the situation and whether they are justified in their decision.
Remember, an employee’s rights should be exercised, as that’s what they are there for. Unpaid and paid leave should be considered as and when they benefit you.
UK citizens have a statutory right to this and various kinds of paid leave, under legislation including the Employment Rights Act. See the Employment Rights Act 1996 for more information.
Reasons for leave
Before making a request, consider your reasons.
For some cases, paid time off may be more suitable.
Also, take note of any previous absences or leave requests made during the calendar year or period of employment.
There are special cases that the employer will take into account when considering such a request, such as compassionate leave, maternity leave and family emergencies, or whether performing public duties is expected of the employee.
Managing your finances
Employees who take unpaid leave may be concerned about how they will manage their finances during their absence.
There are some financial support options available, such as Universal Credit or Statutory Sick Pay.
Employees should speak to their employer or the relevant government department for more information about what support is available during the leave period.
It is important to note that employers cannot discriminate against employees who take such leave.
This includes not allowing them to return to their job after the leave period has ended.
FAQs: Unpaid Leave In The UK
What are the rules on unpaid leave?
In the UK, unpaid leave depends on the reason for the absence and the terms of your employment contract. Certain types of unpaid leave, such as parental leave or time off for public duties, are protected by law, while others are discretionary and subject to employer approval.
How do you work out unpaid leave in the UK?
Unpaid leave is usually calculated by deducting your daily rate of pay for each day taken off work. Your employer should confirm how this is applied in writing, and it should be reflected clearly on your payslip for the relevant pay period.
What happens when you take unpaid leave?
When you take unpaid leave, you remain employed but do not receive pay for the agreed period. Your job is protected, and you should be allowed to return to the same or a similar role, provided the leave is lawful and properly agreed.
Can my boss refuse unpaid leave?
An employer can refuse unpaid leave if there is no statutory right to it and if the request would significantly disrupt the business. However, for legally protected leave, such as unpaid parental leave, refusal is only allowed in specific circumstances and must be justified.
What is Rule 44 in employment law?
Rule 44 usually refers to Rule 44 of the Employment Tribunals Rules of Procedure, which deals with cost orders in tribunal cases. It allows a tribunal to order a party to pay costs if they have acted unreasonably, rather than relating directly to unpaid leave or absence.
Final thoughts: Unpaid leave (UK)
So there you have it – everything you need to know.
Knowing your rights and understanding how to manage your finances during this period is essential for any employee.
To take the leave, employees must make a written request to their employer. There are some financial support options available for employees and employers cannot discriminate against employees who take unpaid leave.
We hope this blog post has provided you with all the information you need to know, whether for medical reasons, maternity/paternity leave, public duties or just a holiday.
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