Under the Emergency Volunteering Leave Act 2019, eligible employees can take up to 2 weeks’ unpaid leave per year for emergency volunteering in health or social care.

Key Takeaways

  • Emergency Volunteering Leave Act 2019 provides unpaid leave for volunteering
  • Maximum 2 weeks (10 working days) per year
  • Must be in health or social care sector
  • Employees need 12 weeks’ continuous service
  • Leave is unpaid but employment rights are protected

Eligibility Requirements

Employee Criteria

  1. 12 weeks’ continuous service — At the time of request
  2. Health or social care volunteering — Must be in eligible sector
  3. Voluntary role — Unpaid voluntary work
  4. Notice — 3 working days’ notice required

What Qualifies as Emergency Volunteering

  • NHS volunteering — Hospital and community health roles
  • Social care volunteering — Care home and domiciliary care support
  • Emergency response — Red Cross, St John Ambulance, etc.
  • Public health — Vaccination centers, test centers
  • Care sector support — Assisting vulnerable people

Leave Entitlement

Duration

  • Maximum 2 weeks — 10 working days per year
  • Can be taken in blocks — Not required to be continuous
  • Pro-rata for part-time — Adjusted for working pattern
  • Annual entitlement — Resets each year
  • Statutory right — Unpaid leave
  • Employer policy — May offer paid leave voluntarily
  • Jury service pay — Not applicable
  • Benefits — No impact on benefits during leave

The Request Process

Step 1: Employee Makes Request

  • Written request — Must be in writing
  • Notice period — 3 working days’ notice
  • Specify details — Volunteering role, dates, duration
  • Provide evidence — Confirmation from volunteering organization

Step 2: Employer Considers Request

  • Check eligibility — Service length and role requirements
  • Assess business impact — Consider operational needs
  • Discuss timing — When leave is to be taken
  • Verify volunteering — Confirm with volunteering organization

Step 3: Decision

  • Respond promptly — Within reasonable timeframe
  • Grant unless — Business grounds for refusal (limited)
  • Document decision — Record reasoning
  • Allow appeal — Employee can appeal refusal

Employer Obligations

Must Grant Leave

  • Statutory right — Cannot refuse eligible requests
  • Protect employment — Employment continues during leave
  • No detriment — Cannot treat employee less favorably
  • Restore to role — Employee returns to same or similar role

What Employers Can Do

  • Request notice — 3 working days’ notice required
  • Verify volunteering — Confirm with organization
  • Discuss timing — When leave is taken
  • Plan for absence — Arrange work coverage

What Employers Cannot Do

  • Refuse eligible requests — Must grant statutory leave
  • Penalize employees — For taking emergency volunteering leave
  • Count against absence — Should not trigger absence procedures
  • Discriminate — Due to volunteering activities

After Leave

Employee Rights

  • Same role — Return to same or similar position
  • Continuous service — Leave counts as continuous service
  • No detriment — Cannot be treated less favorably
  • Accrued benefits — Holiday and pension continue to accrue

Employer Responsibilities

  • Restore role — Return employee to their position
  • Update records — Record leave taken
  • Consider adjustments — If employee needs support on return
  • Maintain contact — During leave period if needed

Managing Emergency Volunteering Leave

For HR Teams

  1. Develop clear policy — Document procedure for requests
  2. Track leave — Monitor usage of emergency volunteering leave
  3. Verify roles — Confirm volunteering organization and role
  4. Plan coverage — Arrange work cover during absence

For Managers

  • Allow eligible requests — Cannot refuse without good reason
  • Discuss timing — When leave is taken
  • Document decisions — Record reasoning for discussions
  • Plan for absence — Arrange work coverage

Leave Management for Emergency Volunteering

Effective management requires:

  • Dedicated absence category — Track emergency volunteering leave separately
  • Flexible scheduling — Accommodate volunteering commitments
  • Evidence tracking — Record proof of volunteering role
  • Manager guidance — Clear process for requests
  • Policy integration — Connect with absence policies

Compliance Checklist

  • Policy for emergency volunteering leave in place
  • Managers trained on statutory obligations
  • Process for verifying volunteering roles established
  • Absence tracking system configured
  • Return-to-work procedures documented
  • Communication with employees about entitlements
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