|
There are many regulations within the world of work that can be confusing for employers and employees alike. One particularly tricky area is leave, so it is essential that workers make sure they know how much Statutory leave they are entitled to and the circumstances in which they can be absent from work. Statutory leave refers to all types of leave that an employee is entitled to by law. Depending on the type of statutory leave, some or all of it will be paid. Annual Leave Annual leave, also known as statutory leave entitlement consists of 5.6 weeks paid holiday and it is a legal entitlement for almost all workers. Annual leave is calculated by multiplying a worker's normal working week by the annual entitlement. A person who works 5 days a week is entitled to 28 days (5.6x5) paid annual leave per year. Part-time workers are also entitled to a minimum of 5.6 weeks per year, but this amounts to fewer actual days of holidays because they work fewer days in the week. Statutory leave is limited to 28 days so staff who work more than 5 days a week are not entitled to more paid time off although employers can offer extra leave. Employers do not have to apply all the rules that apply to statutory leave to extra leave. Furthermore, Bank or public holidays do not have to be given as paid leave, but an employer can choose to include these holidays as part of a worker's annual leave. Sick Leave Sick leave is unlike any of the other forms of leave particularly as employees can substitute it for paid holiday if they are not eligible for sick pay. Statutory holiday entitlement is still accrued while an employee is off work sick and any unused holiday not taken because of illness can be carried over to the next year. There are various complications with sick leave such as dealing with an employee suffering from a long-term sickness and employers will require a fit note (previously known as a sick note) from a doctor after seven days of illness. Jury Service and Public Duties An employer is required by law to allow an employee time off for jury service although if their absence could seriously harm their business, an employer can ask the employee to try and defer it. It is not a legal requirement for staff to be paid during jury service but many employers continue paying their employees. If they choose not to, the worker can claim a loss of earnings allowance from the court which their employer may or may not choose to top up so they don't lose out on pay. Employees are also entitled to a reasonable amount of time off work to fulfil public duties in roles such as magistrates, councillors or school governors and employees in the Territorial Army have certain protections under employment law. Maternity, Paternity and Adoption Leave Statutory maternity leave (SMP) is 52 weeks which consists of 26 weeks of ordinary maternity leave and 26 weeks of additional maternity leave. New mothers must take a minimum of 2 weeks leave after their baby is born or 4 if they work in a factory. SMP is paid for up to 39 weeks, as is adoption leave which also consists of 26 weeks ordinary adoption leave and 26 weeks additional adoption leave. New fathers are entitled to 1-2 weeks paid ordinary paternity leave with a further additional 26 weeks paid leave available if the mother returns to work. Leave for Family and Dependents and Parental Leave Employees are allowed 'reasonable' time off to deal with an emergency which involves a dependent, usually one or two days. Employers can choose to give more time but they are not obliged to pay an employee for any time off in such cases. Employees can also take parental leave which is unpaid and cannot amount to more than 4 weeks out of the year. Aside from the various types of statutory leave, there are other types of leave for certain circumstances which an employer can choose to allow or not. Discretionary leave includes time off work for bereavement, study or more specific cases such as gardening leave. An employee should make sure they are aware of their company's policies regarding different circumstances and leave so that they know exactly how much time they can take and whether or not any of that time will be paid. Matt Crumble works in Marketing at PBS UK Ltd, a leading Payroll outsourcing company specializing in HR for small businesses, International Payroll services and Global Payroll management.
Related Articles -
statutory leave, maternity leave, paternity leave, adoption leave, sick leave, parental leave, annual leave, statutory time off. leave entitlement,
|
