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In the most part, unpaid leave comes down to employer discretion. That said, there are two areas where unpaid leave is protected by law: Caring or parental rights such as parental leave. Time off to carry out public duties, specifically jury service and magistrate duties.
Can an employer force an employee to take an unpaid leave? Forced unpaid leave isn't possible. As an employer, you must provide your member of staff with adequate notice.
Can an employee take unpaid leave from work? It depends on the reason for taking leave. In some cases, such as jury duty, the employer has to allow a worker to take unpaid leave. However, in other cases, such as time off to go travelling, the employer has the right to decide.
Annual leave entitlement The entitlement is 21 consecutive days annual leave on full remuneration, in respect of each annual leave cycle, and if an employee works a five-day week then this is equal to 15 working days, or if the employee works a six-day week then it is equal to 18 working days.
In such situations, companies allow them to go on leave without pay (LWP). Since there is a loss of income (LOP) when an employee avails this type of leave, it's also called LOP leave. Any leave availed in violation of leave policy is considered as LOP by some employers.
As an employer, you can refuse to give workers leave at certain times, but you can't refuse to let them take leave at all. A worker may be able to take the remainder of their annual leave during their notice period the amount depends on how much of the holiday year has passed.
This is a minimum of 5.6 weeks holiday a year, otherwise known as statutory holiday entitlement. Unpaid leave in the UK is leave for which individuals have no statutory right to be paid.
If unpaid leave is granted, the calculation is based on the average number of working days per period. For example, in the case of a monthly paid employee who works 5 days a week, their salary would be divided by 21.67 to calculate the amount that would be deducted for every day of unpaid leave.
Annual leave entitlement The entitlement is 21 consecutive days annual leave on full remuneration, in respect of each annual leave cycle, and if an employee works a five-day week then this is equal to 15 working days, or if the employee works a six-day week then it is equal to 18 working days.