Check if you can take time off work
Mae'r cyngor hwn yn berthnasol i Cymru. Gweler cyngor ar gyfer Gweler cyngor ar gyfer Lloegr, Gweler cyngor ar gyfer Gogledd Iwerddon, Gweler cyngor ar gyfer Yr Alban
You have the right to take time off work in certain circumstances. These are called 'statutory rights'. This time off might be paid leave or unpaid leave. You won’t be paid for any unpaid leave you take.
Your employer might let you have more time off on top of your statutory rights. For example, they might give you more paid holiday days. You should check your employment contract to see if you have any extra rights to time off.
You might still have extra rights even if you don’t have a written employment contract. For example:
if you agreed this in a conversation with your employer
because of the way things are done at your work
If you want to take more unpaid leave than you’re entitled to, you can ask your employer but they don’t have to agree to give you the extra time off. You should explain your reasons and see if you can reach an agreement.
Paid holiday
You’re usually entitled to a minimum of 5.6 weeks' paid holiday a year. You can check if you’re entitled to holiday pay.
Paid sick leave
You might be entitled to sick pay when you’re off sick or can’t work because of an injury. It depends on your employment status. You can check if you’re entitled to sick pay.
Medical appointments
You’re not usually entitled to take time off to go to the doctor, dentist or a hospital appointment - even if you’re injured in an accident at work. You should check your employment contract to see if it says you can have time off for these appointments and if you’ll get paid.
If your contract doesn’t say you can have time off, you can still ask your employer for the time off. They don’t have to agree to it, so you might have to:
have these appointments outside work hours
take holiday leave
make the time up later on
If you’re disabled or have a long-term health condition
Your employer must make reasonable adjustments to let you have time off for medical appointments related to your disability or long-term health condition.
If they don’t, it might be discrimination. You can check how to ask your employer for reasonable adjustments.
Time off for your children
If you’re expecting a baby, you or your partner might be entitled to:
time off to attend antenatal appointments
maternity leave and pay
paternity leave and pay
shared parental leave and pay
adoption leave and pay
If you’re a parent, you might also be able to take unpaid parental leave - for example to spend more time with your child.
Check your parental rights at work.
Caring for someone in an emergency
You’re only entitled to time off to care for someone if you’re an employee.
You might be an employee even if your employer or your contract says you’re self-employed. You might not be an employee if for example you work for an agency or you’re not guaranteed to get any work.
If you’re not sure if you’re an employee, check your employment status.
You can take time off to care for someone if they’re a ‘dependant’. Dependants include:
your child
your partner, husband, wife or civil partner
your parent
someone who lives at your house, unless they’re your lodger or employee
someone who relies on you, like a disabled neighbour
It will be unpaid leave unless your contract of employment says you will be paid.
The amount of time off has to be reasonable and you can only take enough time to deal with the urgent problem.
For example, you can take time off when:
someone gets sick or is injured
someone dies
care arrangements for a dependant suddenly break down
you need to deal with an unexpected incident involving your child at their school
You need to tell your employer as soon as possible that you’ll need to be off. You also need to say why you need the time off and when you expect to be back.
Try to get their reply in writing as it will help to have a record if there’s a problem later.
Job interviews
You’re not usually entitled to time off work for job interviews. You could consider using some of your paid holiday time.
If you’re being made redundant, you might be entitled to some time off to find a new job. This includes time off for interviews. You can check if you can get time off for interviews in a redundancy situation.
Study or training
You might have the right to ask for time off work to study if you’re an employee.
You might be an employee even if your employer or your contract says you’re self-employed. You might not be an employee if for example you work for an agency or you’re not guaranteed to get any work.
If you’re not sure if you’re an employee, check your employment status.
Your right to ask for time off to study or train also depends on your age.
If you’re aged 16 or 17 and work full time
If you’re an employee, you’re entitled to a reasonable amount of paid time off to study or train. It’s paid at your normal rate. Your chosen qualification must get you up to the national standard of education. This is the same level as either:
5 GCSEs
1 NVQ
You can ask your school or college what level your qualification is if you’re not sure.
If you turn 18 when you’re already studying
You have the right to paid time off to finish your qualification if you’re an employee aged 18. This should be paid at your normal rate. The qualification must be the same level or higher as 5 GCSEs or 1 NVQ.
If you’re an employee aged 18 or over
You have the right to ask for unpaid time off to train or study if both of the following apply:
you work somewhere with more than 250 employees
you have worked there for more than 26 weeks
You’ll need to show your employer that your chosen qualification will improve your ability to do your job. Your employer doesn’t have to agree to your request.
If you turn 18 when you’re already studying
You have the right to paid time off to finish your qualification if you’re an employee aged 18. This should be paid at your normal rate. The qualification must be the same level or higher as 5 GCSEs or 1 NVQ.
Jury service
Your employer must give you time off for jury service, unless it would cause a serious problem for them.
They could be fined for contempt of court if they refuse to give you time off for jury service, even if you’re self-employed.
If your employer won’t give you time off for jury service
You can ask to postpone your jury service if this happens. You’ll still have to do it at a later date.
You can try to negotiate with your employer to find a time to do your jury service that's better for both of you.
Check if you can get paid while you’re doing jury service
You should check your employment contract to see if your employer will pay you for the time that you take off to do jury service.
If your employer won’t pay you, you can claim money back from the court to make up for some of your financial losses.
You can check how to claim money back for jury service on GOV.UK.
If your employer dismisses you for doing jury service
Your dismissal is usually ‘automatically unfair’, which makes it easier to challenge your dismissal. Your dismissal isn’t automatically unfair if your employer asked you to try to do your jury duty another time, but you didn’t apply to postpone it.
If your employer won't let you take time off work
You should start by talking to your employer. You might be able to solve the problem by explaining why you need the time off. You can check how to talk to your employer about a problem.
If you’re treated unfairly or dismissed for taking time off work
Your employer shouldn’t treat you unfairly or dismiss you for taking time off work when you have a right to do so.
You can check what to do if your employer is treating you unfairly.
Your employer also shouldn’t discriminate against you. This means treating you unfairly for reasons connected to who you are, for example being a woman or being disabled. You can check if your problem at work is discrimination.
If your employer dismisses you for taking time off that you’re entitled to, you should check how to challenge your dismissal.
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Adolygwyd y dudalen ar 19 Rhagfyr 2022