Family leave
Unpaid leave UK: employer rules, rights and policy guide
There is no general legal right to unpaid leave in the UK: outside the statutory categories, it is up to the employer whether to agree. Several specific rights are unpaid by default, though, including unpaid parental leave, carer's leave, time off for dependants and time off for public duties, and an employer cannot simply refuse those when the conditions are met.
- Unpaid parental leave per child, up to age 18
- 18 weeks
- Carer's leave every 12 months
- 1 week
- Parental leave and carer's leave eligibility
- Day one
Guidance for England, Scotland and Wales. Northern Ireland employment rules can differ.
Is there a legal right to unpaid leave in the UK?
Not in general. Acas explains that a worker can ask for unpaid leave if they have run out of holiday or do not want to use their holiday entitlement, but it is up to the employer whether to agree. The worker can explain the reason for the request, and both sides should try to reach an agreement. The contract or staff handbook may also say how unpaid leave is requested and whether it is offered.
The picture changes when the reason for the request falls into a statutory category. Those rights are mostly unpaid by default, but they are not discretionary. An employer can sometimes postpone them under set rules, yet cannot refuse them outright where the employee qualifies. That is why the first step with any request is to identify the reason, not to reach for a general unpaid leave category.
Source: Acas: asking for and taking holiday (unpaid leave) · GOV.UK: delaying unpaid parental leave · GOV.UK: carer's leave
Types of unpaid leave at a glance
The table below sets out the main types of unpaid time off an employer is likely to see. Pay is only required where a contract or company policy provides it, but an employer can always choose to pay.
| Type | Who and when | How much | Can the employer refuse? |
|---|---|---|---|
| Unpaid parental leave | Employees with parental responsibility for a child under 18; day one from 6 April 2026 | 18 weeks per child, normally up to 4 weeks a year per child, in whole weeks | No, but it can be postponed for up to 6 months in limited cases |
| Carer's leave | Employees caring for a dependant with a long-term care need; day one | Up to 1 week every 12 months, in half days, days or a whole week | No, but it can be moved if absence would cause serious disruption |
| Time off for dependants | Employees dealing with an unexpected emergency involving a dependant | A reasonable amount of time, with no set limit | No, where the time off is reasonable and genuinely an emergency |
| Public duties | Employees such as magistrates, local councillors, school governors and some tribunal or health body members | A reasonable amount, agreed beforehand | Unreasonable requests can be refused |
| Discretionary unpaid leave | Anyone the employer agrees to, for example extra travel, a house move or a career break | Whatever is agreed | Yes, it is the employer's decision |
Source: GOV.UK: unpaid parental leave entitlement · Acas: ordinary parental leave · GOV.UK: carer's leave · GOV.UK: time off for dependants · GOV.UK: time off work for public duties · Acas: asking for and taking holiday (unpaid leave)
Unpaid parental leave: now a day-one right
From 6 April 2026, employees in Great Britain are eligible for unpaid parental leave from the first day of employment. Before that date a year's service was needed, so policies and handbooks written earlier may be out of date. To qualify the person must be an employee, not self-employed or a worker such as an agency worker or contractor, and must be named on the child's birth or adoption certificate or have, or expect to have, parental responsibility. The child must be under 18.
Each parent can take 18 weeks for each child up to the child's 18th birthday. The yearly limit is 4 weeks for each child unless the employer agrees otherwise, and leave is taken in whole weeks unless the employer agrees otherwise or the child is disabled. A week means the time the employee normally works over 7 days, so a three-day-a-week employee uses three days for each week of leave.
The entitlement belongs to the child, not to the job. GOV.UK gives the example of an employee who used 10 weeks with a previous employer and can use up to 8 weeks with the new one. Employees must give 21 days' notice of the start date and confirm start and end dates. The notice does not have to be in writing unless the employer asks for it.
Source: GOV.UK: unpaid parental leave entitlement · GOV.UK: unpaid parental leave eligibility · GOV.UK: unpaid parental leave notice period · Acas: ordinary parental leave · GOV.UK: Employment Rights Act implementation timetable
When parental leave can and cannot be postponed
Employers cannot refuse or completely cancel parental leave. They can postpone it if there is a significant reason, for example where the absence would cause serious disruption to the business. If they do, they must write to the employee explaining why within 7 days of the original request and suggest a new start date within 6 months of the requested start date. They cannot change the amount of leave requested.
- Leave cannot be postponed if the father or partner is taking it immediately after the birth or adoption of a child.
- Leave cannot be postponed if the delay would mean the employee no longer qualifies, for example because the child would reach 18.
- Leave cannot be postponed without a significant business reason.
Source: GOV.UK: delaying unpaid parental leave · Acas: ordinary parental leave
Carer's leave: one week a year for long-term care
Employees can take up to one week of carer's leave every 12 months from their first day of work. It is for giving or arranging care for a dependant with a long-term care need: a physical or mental illness or injury expected to need care for more than 3 months, a disability, or care needs because of old age. The dependant does not have to be a family member, and the employee does not need to give evidence of the care needs.
Leave can be taken as a whole week or as individual days or half days. Notice must be at least 3 days for half a day or a day, and for longer requests at least twice the length of the leave requested. An employer cannot refuse, but can ask for a different time if the absence would cause serious disruption, agreeing a new date within one month and putting the reason and new date in writing. The employer may pay for carer's leave but does not have to, and Acas notes that holiday still accrues during it.
Source: GOV.UK: carer's leave · Acas: carer's leave
Emergency unpaid leave: time off for dependants
Employees can take a reasonable amount of time off to deal with an unexpected emergency involving a dependant. A dependant could be a spouse, partner, child, grandchild, parent or someone who depends on the employee for care. There is no set amount of time, because it depends on the situation, and no fixed limit on how many times the right can be used, although an employer can raise concerns if absences affect work.
GOV.UK lists emergencies such as a dependant's illness, injury or assault, a dependant going into labour unexpectedly, a childminder or carer not turning up, a nursery or care home closing unexpectedly, and incidents involving a child during school time. The right is not for situations the employee knew about beforehand. The employee should tell the employer as soon as possible why they are off and how long they expect to need.
Pay is not required unless the contract or policy provides it. Acas says dismissal or redundancy selection for taking or asking to take this time off is automatically unfair, with no minimum service needed to claim. Once the immediate crisis is handled, discuss whether carer's leave, parental leave, holiday or a flexible arrangement fits any continuing need.
Source: GOV.UK: time off for dependants · GOV.UK: what counts as an emergency · Acas: time off for dependants
Discretionary unpaid leave and career breaks
Anything outside the statutory categories is a matter for agreement. Common examples are extra time off after holiday has run out, a long trip, a house move, study not linked to the job, or a career break of several months. There is no statutory minimum or maximum for this kind of leave, so a six-month break, or one week requested two months ahead, is possible if the employer agrees.
Saying no is lawful, but treat requests consistently and record the reason for each decision. Before treating a request as purely discretionary, check whether it is really a statutory right in disguise, such as a parent's request that qualifies as parental leave. For a disabled employee, Acas notes that adjustments can include time off for medical appointments and treatment, so consider the reasonable adjustments duty. Jury service is separate again: GOV.UK says all employees must be allowed time off for it.
Source: Acas: asking for and taking holiday (unpaid leave) · Acas: reasonable adjustments at work · GOV.UK: time off work for public duties
What unpaid leave affects: pay, pension, holiday and continuity
Acas states that an employer does not have to pay an employee for time they did not work, so agreed unpaid days are normally deducted through payroll. Use the calculation method set out in the contract or pay policy and show it on the payslip so the employee can check it.
Pension contributions usually stop if a period of leave is unpaid, unless the contract says otherwise. During unpaid parental leave employees continue to build up holiday and can take holiday accrued before or after the leave. They have the right to return to their job after 4 weeks or less of parental leave, and to their job or a similar job after longer periods.
For continuity of employment, the Employment Rights Act 1996 counts any week during which the employee's relations with the employer are governed by a contract of employment. An agreed unpaid break where the contract continues therefore normally keeps continuity. If an arrangement would end the contract, take advice first. For discretionary breaks, write down what happens to holiday, benefits and pension for the period rather than assuming it works like statutory leave.
Source: Acas: pay during unauthorised absence · GOV.UK: employee rights when on leave · legislation.gov.uk: Employment Rights Act 1996, section 212
What an unpaid leave policy should cover
A short written policy stops each manager inventing their own rules. Keep the statutory rights separate from discretionary leave so nobody refuses a protected request by mistake, and review the policy when the law changes, as it did in April 2026.
- A list of the statutory unpaid rights, with their own notice and postponement rules.
- Who can ask for discretionary unpaid leave and the circumstances you will consider.
- How much notice you expect for planned discretionary requests.
- Any maximum length, and who must approve longer breaks.
- How pay is deducted and what happens to pension, holiday and benefits.
- How contact works during a long break and how the return date is confirmed.
- Where requests and decisions are recorded, using a separate leave type for each right.
Source: GOV.UK: written statements of employment particulars · Acas: asking for and taking holiday (unpaid leave) · GOV.UK: employee rights when on leave
In practice
Three unpaid leave requests in one week
A small firm receives three requests. First, an employee who joined in July 2026 asks for two weeks of unpaid parental leave starting in 30 days to settle their child into nursery. Because parental leave is a day-one right from 6 April 2026, the manager cannot reject it on service grounds. The 21-day notice is met, and two weeks is within the 4-week yearly limit for that child. The employee says they took 10 weeks with a previous employer, so after this leave they have 6 of the 18 weeks left for that child.
Second, an employee asks for two days of carer's leave to arrange care for a parent with a long-term condition. The rule is notice of at least twice the length of the leave, so the request needs at least 4 days' notice. The two days come off the one-week carer's leave allowance for the 12-month period, leaving three days for a full-time, five-day employee.
Third, a colleague who has used all their holiday asks for a week of unpaid leave to attend a family wedding abroad. No statutory right applies, so it is discretionary. The manager agrees because cover is in place, confirms in writing that the five days will be deducted from pay and that pension contributions will usually pause for the unpaid period, and records it under a separate discretionary leave type.
Common questions
Does an employer have to give unpaid leave in the UK?
Only where a statutory right applies. Unpaid parental leave, carer's leave, time off for dependants and reasonable time off for certain public duties are legal rights when the conditions are met. For any other reason, such as extra holiday after leave has run out, Acas says it is up to the employer whether to agree, so a request can lawfully be refused.
Can my employer reject my request for unpaid leave?
Yes, if the request is discretionary. If it qualifies as unpaid parental leave, the employer cannot refuse it but can postpone it for up to 6 months for a significant business reason, explaining why in writing within 7 days. Carer's leave cannot be refused either, though it can be moved if the absence would cause serious disruption. Emergency time off for dependants should be allowed if reasonable.
Is there a limit on how much unpaid leave an employee can have in a year?
For statutory rights, yes: parental leave is normally capped at 4 weeks a year per child within 18 weeks in total, and carer's leave at one week every 12 months. Time off for dependants has no set limit, only reasonableness. For discretionary unpaid leave there is no legal minimum or maximum, so any limit comes from your own policy.
Can you take 6 months of unpaid leave in the UK?
Only by agreement with the employer, for example as a career break or sabbatical. There is no statutory right to six months off unpaid. Unpaid parental leave is capped at 4 weeks a year per child unless the employer agrees more. If the contract continues during an agreed break, continuity of employment normally continues. Agree the return date, contact plan and benefits treatment in writing.
How much unpaid leave can someone take for dependants?
The law allows a reasonable amount of time off to deal with an unexpected emergency involving a dependant, with no set number of days. It depends on the situation, such as arranging care when a childminder does not turn up. For planned, ongoing care of someone with a long-term need, carer's leave of up to one week every 12 months may apply instead.
Does unpaid leave affect pension and holiday?
GOV.UK says pension contributions usually stop during unpaid leave unless the contract says otherwise. Holiday continues to build up during unpaid parental leave, and Acas says it accrues during carer's leave too. For discretionary unpaid leave, the effect depends on the contract and what is agreed, so set it out in writing before the leave starts.
What is the difference between unpaid leave and unpaid parental leave?
Unpaid leave is a general term, and outside statutory rights it is at the employer's discretion. Unpaid parental leave is a specific legal right: 18 weeks per child up to age 18, normally up to 4 weeks a year, in whole weeks, with 21 days' notice. Since 6 April 2026 eligible employees qualify from their first day.
Is requesting a day off the same as unpaid leave?
Not necessarily. A day off is normally booked as paid annual leave if the employee has holiday left, and Acas says an employer should have a good business reason to refuse a holiday request. A request becomes unpaid leave when holiday has run out or the employee chooses not to use it, or when it falls under a statutory unpaid right such as carer's leave.
Your next steps
- Ask for the reason and check it against parental leave, carer's leave, time off for dependants, public duties and jury service first.
- Check employee status, and remember parental leave and carer's leave start from day one.
- Check notice against the right's own rules: 21 days for parental leave, 3 days or twice the length for carer's leave, as soon as possible for emergencies.
- If postponing statutory leave, put the reason and new date in writing within the required time.
- For discretionary requests, apply the same criteria to everyone and record the decision.
- Confirm pay deductions, pension, holiday and benefits treatment in writing before the leave starts.
- Record each absence under the correct leave type so statutory balances stay accurate.
- Review the policy and handbook against the April 2026 changes.
Sources and review
Reviewed against the official guidance below on 13 October 2026. Rates and employment rules can change; use the linked guidance for a decision about an individual case.
- Acas: asking for and taking holiday (unpaid leave)
- GOV.UK: unpaid parental leave entitlement
- GOV.UK: unpaid parental leave eligibility
- GOV.UK: unpaid parental leave notice period
- GOV.UK: delaying unpaid parental leave
- Acas: ordinary parental leave
- GOV.UK: Employment Rights Act implementation timetable
- GOV.UK: carer's leave
- Acas: carer's leave
- GOV.UK: time off for dependants
- GOV.UK: what counts as an emergency
- Acas: time off for dependants
- GOV.UK: time off work for public duties
- Acas: pay during unauthorised absence
- GOV.UK: employee rights when on leave
- legislation.gov.uk: Employment Rights Act 1996, section 212
- GOV.UK: written statements of employment particulars
- Acas: reasonable adjustments at work
Contains public sector information licensed under the Open Government Licence v3.0. Crown copyright. This is Leavely's independently written guide.
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