With a specialist background in facilities management in the NHS, Kate offers a wealth of employment law experience. Give us a call or speak to us on LiveChat. You may decide to allow one of each per year, for example. If you decide to treat the unpaid leave as described in option 1, go to Maintenance > Maintain Employees, select the applicable employee then click the Leave Details tab and adjust the Annual Leave Anniversary Date at the top left of the window. The times at which statutory annual leave is granted shall be determined by the employer after consultation with the employee. In the case of compassionate leave, this can be set out in a policy, but could also be left to managerial discretion. Otherwise, it could be time to set up and register a workplace union to better protect your rights and improve working conditions. However, in other cases, such as time off to go travelling, the employer has the right to decide. It is called ‘laying off’ and occurs where the employer does not have enough work for the employee to do, so asks them to stay at home. In fact, employers cannot force employees to use their annual leave at all.

Career breaks and sabbaticals are other forms of unpaid leave which can be made available to staff. There would be no difference in terms of pay though, because statutory parental leave is unpaid. When can I take paid annual leave? We support small businesses with useful guides and advice – especially with the recent outbreak of coronavirus.

Employers may, of course, set other rules for unpaid leave in their organisation but it is important that the rules are made clear to employees to avoid any confusion on entitlement. The employer must not unreasonably refuse a request to take annual leave.

It is possible that if you do not allow paid time off for compassionate reasons, an employee may visit their GP to be signed off sick, if your company’s sick pay is more generous. As a precautionary step, many Malaysian companies are instructing employees who’ve been to affected countries such as China, Thailand, Japan, Hong Kong, Singapore and South Korea, to undergo self-quarantine for 14 days. To minimise the risk of potential liability for workplace injuries, all homeworkers should be asked to agree to establish a safe and ergonomic home workplace and to follow good health and safety practices. Legal update on conflict resolution: When is mediation your best option? By submitting, you agree to our Privacy Policy. However, there are actions advised by the Human Resources Ministry for handling the coronavirus outbreak.

Home » Running a Business » Employing & managing staff. If you provide the employee with work to do at home, then they will no longer be considered to be on medical suspension. This may entail moving your PAYE period back to process the unpaid leave. I accept that the data provided on this form will be processed, stored, and used in accordance with the terms set out in our privacy policy.

If you have exhausted all your paid leave entitlements, you may be able to take unpaid personal leave, which you are entitled to do if you support your absence with reasonable medical evidence. But whether contractual annual leave accrues or not will depend on the terms of her employment contract. You should query why the employee wants to take time off in this way. Leave without pay can affect the employee's annual holidays payment and entitlement in some situations.


Although there is no mandatory requirement to put in place a homeworking policy, I highly recommend having a written policy in place which should cover the following key areas:-.

This is a temporary option as once the Annual Leave Rate calculation has been changed by the override in the divisor and the pay processed, the following pay period will reset the divisor to its original number. What Reasonable Adjustments Can I Ask For? If you have forgotten to process the unpaid leave, you can still do this provided the leave dates apply to the current tax year. You cannot postpone the employee’s parental leave if it would take them beyond their child’s eighteenth birthday and result in them losing their entitlement. Kate Palmer CIPD is the head of advisory at law firm Peninsula and is a member of its senior leadership team. As a result the employee would have to take unpaid personal/carer’s leave. Health and safety duties. Employers should also check government guidance frequently as it is constantly being updated. If you are concerned about the use of unpaid leave, whether asking your workers to take time off work unpaid or if an employee has submitted a request, we can help if you need guidance on the rules and implications for your business. AskLegal even asked the Human Resources Ministry who stated that employers cannot force employees to take annual leave on the employer’s demands. The employer and employee can agree that an employee's average weekly earnings calculation will be modified to reflect the number of whole or part weeks greater than 1 week that the employee was on unpaid leave. Requesting annual leave.

Unpaid leave is where an employee takes time off from their job without pay. An employer can also refuse unpaid leave for study and training purposes where it does not consider that the training would benefit the business and where it would not be able to meet customer demands if the training were granted.

This is known as self isolating. So when it comes to dealing with the Covid-19 outbreak, companies cannot force workers to use their entitled annual leave for quarantine.

Can employers force employees to take annual leave during this period when stores/offices/etc are closed? The principal reason for this is that an employee is far less likely to self-isolate if they know they will not get paid, thus risking infecting more employees and potentially costing the employer, and society, more in the long run. The most common option of those described above is option 2. From 29 July 2017, some awards and registered agreements will give employees, who have an excessive annual leave balance, the right to notify their employer that they will take leave. If you have forgotten to process the unpaid leave, you can still do this provided the leave dates apply to the current tax year. While this precautionary step is for the safety of the workplace, there has been some disturbing practices taking place in implementing this.

As work-life balance continues to grow in importance for employees, employers would be wise to consider how their own approach to this can be beneficial to the success of the organisation in the long term. Submit your details below to receive daily updates direct to your inbox. You can choose whether an employee on a career break retains any rights under their employment contract, for example to a pay increase. It us up to you, based on the needs of your organisation. For example, if an employee takes 2 weeks unpaid leave during the year, it can be agreed that the annual holiday pay is calculated on the basis of a 51-week year, not on the basis of 52 weeks. However, a year is a long time, so the policy needs to make clear that there could be no job for the employee at the end of their career break, and that they have no rights to sue you in this scenario.