Response to special leave request

If an employee requests time off work for a reason that falls outside statutory or contractual rights, you’ll need to consider whether to grant their request, having first checked relevant policies.

Time off request

There’s currently no general statutory entitlement for employees to take “special leave”, nor is there a right for them to be paid for any special leave granted. However, you may have granted contractual rights to certain types of special leave, or alternatively you may have provided that such special leave will be at your discretion under the terms of a Leaves of Absence Policy. So, before responding to any type of special leave request, do first consider whether the specific request falls within existing statutory rights (such as to time off for dependants or carer’s leave) and check what your employment contracts and/or policies say. Where an employee requests special leave, you may also have asked them to complete our Special Leave Request Form.

Request response

Our Response to Special Leave Request is intended for use in cases where an employee has requested to take generic special leave, i.e. because they want time off that falls outside the terms of your leaves of absence policy, contractual provisions or statutory rights, such as study leave or leave for moving house. So, then it’s entirely at your discretion whether to grant it and whether it will be paid. Whilst you can assess requests on their individual merits, do always ensure you’re being consistent. Our letter refers to the special leave request form and the time off requested by the employee, and the reason for their request, and then it sets out three alternative responses: (1) the request isn’t authorised on this occasion, with reasons why – we’ve gone on to advise the employee that they could nevertheless apply for paid annual leave to take time off; (2) you’ve exercised your discretion in their favour on this occasion and their request is therefore approved, but the time off will not be paid – with an advice that if they do want to be paid, they should apply to take annual leave; or (3) you’ve exercised your discretion in their favour on this occasion and their request is therefore approved and they will be paid during the time off at their normal basic salary.

Other non-statutory special leave

For the following types of non-statutory special leave, use the following response letters:

• medical or dental appointments – Time Off for Medical and Dental Appointments Letter
• compassionate leave (other than parental bereavement leave, carer’s leave or time off for dependants) – Letter Confirming Compassionate Leave or Compassionate Leave Rejection Letter
• jury service, witness attendance or armed forces reserves duty – Time Off for Jury Service Letter, Time Off to Give Witness Evidence Letter or Time Off for Reserve Forces Training Letter (as applicable)
• gender reassignment or fertility treatment – Time Off for Gender Reassignment Surgery Letter or Letter Explaining Time Off for Fertility Treatment (as applicable).