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Quick answer

A UK unpaid leave policy should explain when discretionary unpaid leave may be approved, how requests are made, who decides, what happens to pay and records, and how it differs from statutory rights such as dependants leave, carer leave and unpaid parental leave.

What unpaid leave means

Unpaid leave is authorised time away from work where the employee is not paid for the time they are absent. It can be useful when someone has a genuine need for time off but either does not want to use annual leave, has already used their annual leave, or is asking for a type of time off that the employer does not normally pay.

The important point is that unpaid leave is not one single legal right. It is a category that can include several different situations:

Type of unpaid time offTypical positionWhere to link it
Discretionary unpaid leaveUsually up to the employer unless the contract or handbook gives a specific right.This policy page
Time off for dependantsA statutory right to reasonable unpaid emergency time off for employees.Time off for dependants guide
Carer's leaveA day-one statutory right to up to one working week of unpaid leave in a 12-month period.Carer's leave policy template
Unpaid parental leave18 weeks per child up to their 18th birthday, subject to the statutory rules.Unpaid parental leave guide
Compassionate or bereavement leaveMay be paid or unpaid depending on the employer's policy, contract or handbook.Compassionate leave guide
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Policy principle

Do not use one vague unpaid leave rule for everything. Separate ordinary discretionary requests from statutory leave rights, emergencies, sickness absence and compassionate situations.

When unpaid leave is appropriate

A worker can ask for unpaid leave if they have run out of holiday or do not want to use their holiday entitlement. ACAS says it is up to the employer whether to agree to that kind of unpaid leave, and the worker and employer should try to agree it together.

In practice, an unpaid leave policy is useful for situations such as:

Personal

Personal appointments

Where the employee needs time away from work but annual leave, flexible working or a statutory right does not fit neatly.

Family

Family circumstances

Where the situation is not an emergency but the employee needs extra time beyond normal leave options.

Travel

Extended travel or life events

Where the employer is willing to approve extra unpaid time off without treating it as holiday.

Transition

Short-term arrangements

Where a temporary unpaid period is better than resignation, absence without permission or an informal arrangement.

The policy should also say when unpaid leave is not the right route. For example, sickness should normally be handled through the sickness absence policy, emergency dependant situations should be handled under time off for dependants, and planned childcare needs may fall under unpaid parental leave.

Statutory unpaid leave rights to separate in the policy

Your discretionary unpaid leave policy should not accidentally water down statutory rights. The easiest way to avoid that is to name the related rights clearly and send employees to the right process.

RightCore rulePolicy note
Time off for dependantsReasonable unpaid time off to deal with an emergency involving a dependant.Do not require advance notice if the situation is genuinely unexpected.
Unpaid parental leave18 weeks per child or adopted child, up to their 18th birthday.Usually taken in whole weeks and subject to notice rules.
Carer's leaveUp to one working week in a 12-month period for eligible caring responsibilities.Cannot normally be refused, although it can be delayed in limited circumstances.
Compassionate leaveMay be paid or unpaid depending on the employer's policy.Use sensitive wording and manager discretion.
Family statutory leaveMaternity, paternity, adoption, shared parental and neonatal care leave have their own rules.Keep separate policies rather than folding everything into unpaid leave.
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Do not mislabel statutory leave

If an employee has a statutory right to time off, handle it under the correct statutory policy. Do not treat it as ordinary discretionary unpaid leave just because it is unpaid.

Approval rules for discretionary unpaid leave

For discretionary unpaid leave, the policy should give managers enough structure to be consistent without promising that every request will be approved. A simple approval test works well for smaller employers.

Check the reason
Is this genuinely a discretionary unpaid leave request, or should it be handled as sickness, dependant leave, carer leave, unpaid parental leave, compassionate leave or annual leave?
Check business cover
Would the absence leave the team short, create a holiday clash, miss a deadline or breach a minimum staffing rule?
Check consistency
Have similar requests been handled the same way? If not, record the reason for the different decision.
Confirm the payroll impact
Make clear that the period is unpaid and explain how the deduction will be calculated before the leave starts.
Record the decision
Confirm the dates, approval status, leave type, manager and payroll note in writing.

Copy-and-paste unpaid leave policy template

Use this as a starting point and adapt it to your contracts, handbook and working arrangements. It is deliberately plain-English so a small business can actually use it. Prefer to edit it in Word? Download the same policy as an editable document below.

Unpaid leave policy template (UK)

The full discretionary unpaid leave policy as an editable Word document. Drop your details into the bracketed fields, read the drafting notes, then delete them before issuing.

  • 9 clauses with statutory leave carve-outs built in
  • Sample wording for every section
  • Blue placeholders show where to add your details
  • Drafting notes explain the choices only you can make
  • Document control panel and disclaimer included
Download the Word template
.docx · ~38 KB · No email required
ClauseSuggested wording
PurposeThis policy explains how employees may request unpaid leave and how the Company will consider discretionary unpaid leave requests.
ScopeThis policy applies to discretionary unpaid leave. It does not replace statutory rights such as time off for dependants, carer's leave, unpaid parental leave, maternity leave, paternity leave, adoption leave, shared parental leave, neonatal care leave, sickness absence or parental bereavement leave.
Request processEmployees should request unpaid leave in writing as early as possible, giving the reason, requested dates and whether any alternatives have been considered, such as annual leave or flexible working.
ApprovalAll unpaid leave requests must be approved by the employee's manager before the leave is taken. The Company will consider the reason for the request, business needs, staffing levels, previous requests and the need to apply this policy consistently.
PayApproved unpaid leave will not be paid. The Company will confirm the payroll deduction method before the leave starts where reasonably possible.
Annual leave and benefitsThe Company will explain how any approved unpaid leave affects annual leave, benefits, pension contributions and other contractual terms before or when the leave is approved.
Unauthorised absenceIf an employee takes time off without approval, or does not follow the relevant absence reporting process, the absence may be treated as unauthorised absence and may be handled under the disciplinary procedure.
Record keepingThe Company will record approved unpaid leave, refused requests and payroll instructions in the employee's absence record.
ReviewThis policy will be reviewed periodically and may be updated to reflect changes in employment law, ACAS guidance, business needs or Company procedures.
Template use

Keep the wording simple, but do not skip the carve-outs for statutory rights. That is the difference between a useful unpaid leave policy and a risky catch-all clause.

Records, payroll and holiday entitlement

Unpaid leave is not just a manager decision. It affects the absence record, payroll instruction and sometimes the employee's wider terms. Your process should make three things clear before the leave starts:

Be careful with annual leave. Some statutory family leave rights protect employment terms and holiday accrual. For ordinary discretionary unpaid leave, the position may depend on the contract, policy wording and length of absence. The safe operational rule is simple: do not leave this implied. Explain it in the policy and confirm it in the approval note.

Book Time Off is useful here because approved unpaid leave can be recorded as its own leave type, separate from annual leave, sickness, compassionate leave, bereavement leave and dependants leave. That keeps the team calendar clean and avoids silently deducting unpaid time from holiday allowance.

Manager checklist

Before approving unpaid leave, ask these questions:

1

Is it the right policy?

Check whether the request should sit under annual leave, sickness, dependants, carer, parental, compassionate or bereavement leave instead.

2

Can the team cover it?

Check staffing levels, deadlines, holiday clashes and customer impact before saying yes.

3

Is the decision consistent?

Compare similar previous requests and record the reason if this decision is different.

4

Has payroll been told?

Confirm dates, pay deduction and leave type before the payroll cut-off.

Sources

SourceWhat it supports
ACAS · Asking for and taking holidayUnpaid leave requests where a worker has run out of holiday or does not want to use holiday.
GOV.UK · Time off for family and dependantsReasonable unpaid emergency time off and compassionate leave context.
GOV.UK · Unpaid parental leave entitlement18 weeks unpaid parental leave per child and the 4-week annual cap.
GOV.UK · Carer's leaveOne working week of unpaid carer leave in a 12-month period.
ACAS · Unauthorised absenceDistinction between authorised unpaid leave and absence without permission.
GOV.UK · Employee rights when on statutory leaveRights and terms during maternity and other statutory family leave.

FAQs

Does an employer have to agree to unpaid leave in the UK?

Usually no. Outside specific statutory rights such as unpaid parental leave, carer leave and time off for dependants, unpaid leave is normally a matter for the employment contract, handbook or employer discretion. A clear policy should explain how requests are made, who approves them and when the business may refuse.

Can unpaid leave be used when someone has run out of holiday?

Yes, a worker can ask for unpaid leave if they have run out of holiday or do not want to use holiday entitlement, but it is generally up to the employer whether to agree. The employer should apply the policy consistently and record the decision.

Does unpaid leave affect holiday entitlement?

It depends on the type of leave and the contract. Statutory family leave rights usually protect employment rights, including holiday accrual. For discretionary unpaid leave, employers should explain in the policy how holiday, benefits, pension and length of service are treated and take advice for complex cases.

Should unpaid leave be paid as holiday instead?

Not automatically. If the employee wants paid annual leave, the normal holiday request rules apply. If they ask for unpaid leave, the employer can agree unpaid leave, suggest annual leave, or refuse if there is no legal right and the absence would cause problems.

What should an unpaid leave policy include?

A good unpaid leave policy should explain eligibility, the request process, notice, approval factors, whether the leave is paid or unpaid, evidence, maximum periods, record keeping, payroll treatment, annual leave impact and links to statutory rights such as dependants, carer and parental leave.

Can unpaid leave become unauthorised absence?

Yes. If an employee takes time off without permission, or does not follow the reporting process, the employer may treat it as unauthorised absence. A good policy should separate authorised unpaid leave from emergency leave, sickness absence and absence without permission.

About this guide

Written by the Book Time Off editorial team. We build leave management software for UK SMEs and write practical guides on UK employment law, holiday entitlement, absence management and HR best practice. All content is reviewed against current GOV.UK and ACAS guidance and updated as the rules change.

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This is not legal advice

This guide is general information for UK employers. Employment law can depend on contracts, facts and timing. If you are dealing with a dispute, dismissal risk or complex leave request, contact ACAS or take professional advice.