Has an employee approached you seeking additional time off to attend personal matters or for extended annual leave? In the course of employment, situations arise where taking time off becomes necessary, but utilising paid leave isn’t always feasible. This is where unpaid leave steps in as a potential solution.
Life is unpredictable, and employees might encounter unforeseen circumstances that necessitate immediate time off, even when their leave balances run low. Whether it’s sudden family emergencies, urgent caregiving needs, or significant personal events like illness or divorce, understanding unpaid leave provisions becomes crucial in these scenarios.
The Fair Work Act
The Fair Work Act mandates employers to grant unpaid leave for specific circumstances where the employee is eligible, such as parental leave, carer’s leave, compassionate leave, and family and domestic violence leave. However, outside of these leave types, employers are not obligated to approve unpaid leave requests. Yet, there are instances where granting unpaid leave avoids potential discrimination claims.
Navigating leave requests and forward planning
While employers retain the right to deny unpaid leave requests, it’s usually rare and can be linked to underlying performance issues.
It would be reasonable for the business to deny requests for unpaid leave which are unrelated to business needs, such as taking time off for studies that aren’t related to the business.
Forward planning is key when managing unpaid leave. Businesses can consider temporary staffing solutions, such as engaging contract workers or internal secondments, to ensure operational continuity during extended employee absences.
Best practices for employees
When considering unpaid leave, your employees can follow these steps:
- Early notification: Your employee should notify their line manager at the earliest opportunity, allowing ample time for planning the absence.
- Understanding company policies: Your employee should review the company’s policies for guidance on requesting unpaid leave.
- Formal request: Your employee should submit a formal request detailing the reason, duration, and relevant information regarding the unpaid leave.
- Discussion and planning: Your employee should discuss workload arrangements and tasks that need attention during their absence to ensure a seamless transition.
Building a Supportive Workplace
Unpaid leave offers flexibility for managing personal matters or unforeseen circumstances outside the scope of paid leave. While you aren’t legally bound to provide unpaid leave in every situation, recognising scenarios where unpaid leave might be suitable to foster a supportive and adaptable work environment.
By maintaining clear communication and following established procedures, employees and employers can navigate unpaid leave requests with understanding, balancing individual needs with workplace obligations.
Reach out to your local HR Dept for more information on this topic.
