School closure leave is absence from work for employees who need to care for their children when schools or childcare providers close unexpectedly. This can occur due to teacher strikes, snow days, building emergencies, public health measures or other unforeseen events. The COVID-19 pandemic brought this issue into sharp focus when schools closed for extended periods, but school closures continue to occur for various reasons. In most jurisdictions, there is no specific statutory right to school closure leave, and employees must rely on existing leave entitlements or employer policies.
Key Takeaways
- There is no specific statutory right to school closure leave in most jurisdictions
- In the UK, employees may use unpaid dependant emergency leave under the Employment Rights Act 1996
- Employers who offer dedicated school closure leave improve retention and reduce unplanned absence
What Is School Closure Leave?
School closure leave is authorised absence for employees who must stay home to care for their children because a school or childcare provider has closed unexpectedly. Unlike planned school holidays, which employees can anticipate and prepare for, school closures are often announced at short notice, leaving parents with limited options for childcare.
The absence is triggered by the closure itself, not by the child’s illness or the parent’s preference. This makes it distinct from carer’s leave or parental leave. The employee is not ill and their child is not necessarily unwell — they simply have no childcare provision and cannot leave a school-age child unsupervised.
During the COVID-19 pandemic, the issue of school closures became a major workplace challenge. Governments implemented various measures, including the UK’s Coronavirus Job Retention Scheme and statutory sick pay provisions, to help parents manage extended school closures. Since then, the frequency of school closures has increased due to teacher strikes, infrastructure problems and extreme weather events.
The impact on employers is significant. Unexpected school closures disproportionately affect working parents, particularly women, who are more likely to take time off for childcare. Without clear policies, employers face increased unplanned absence, reduced productivity and potential discrimination claims if they penalise employees for school closure-related absence.
Who Is Eligible for School Closure Leave?
United Kingdom
There is no specific statutory entitlement to paid school closure leave in the UK. The Employment Rights Act 1996 provides a right to unpaid time off for dependant emergencies under Section 57A, which can cover situations where a child’s school closes unexpectedly and the employee needs to arrange childcare. However, this right is limited to a “reasonable” amount of unpaid time and does not guarantee pay. Many employers have developed specific school closure policies or offer flexibility through remote working arrangements.
Australia
Under the Fair Work Act 2009, employees can access personal/carer’s leave if their child is unwell, but there is no specific entitlement for school closures. During school closures, employees may use annual leave, request flexible working arrangements, or take unpaid leave. The National Employment Standards provide a framework for family-related leave but do not specifically address school closures.
United States
The FMLA provides up to 12 weeks of unpaid leave for qualifying family and medical reasons, which can include caring for a child with a serious health condition. However, FMLA does not cover general school closures. Several states have enacted paid family leave or paid sick leave laws that may be applicable. For example, California’s Paid Family Leave programme provides partial wage replacement for employees who need to care for a family member, though it is designed for serious health conditions rather than school closures.
School Closure Leave Entitlements by Country
| Country | Statutory Entitlement | Pay | Key Detail |
|---|---|---|---|
| UK | Unpaid dependant emergency leave | Unpaid | Limited to reasonable time off |
| AU | Personal/carer’s leave if child is ill | Paid if using accrued leave | No specific school closure provision |
| US | No federal entitlement | Depends on state | FMLA does not cover general school closures |
How to Request School Closure Leave
- Notify your employer promptly — inform your manager as soon as you become aware that your child’s school has closed.
- Explore remote working options — if you can work from home while caring for your child, this is often the preferred arrangement.
- Use available leave — if remote working is not possible, check what leave entitlements you can use, including personal leave, annual leave or dependant emergency leave.
- Provide documentation if required — employers may request evidence of the school closure, such as a notice from the school.
- Agree on a return plan — communicate when you expect to return to normal working arrangements.
Employer Obligations for School Closure Leave
- Have a clear policy — develop a school closure leave policy that sets out expectations, pay arrangements and available options
- Enable remote working — where the employee’s role permits, allow remote working during school closures to minimise absence
- Apply policies consistently — treat all employees with school-age children fairly regardless of their role or seniority
- Consider the impact on equality — recognise that school closures disproportionately affect women and ensure policies do not indirectly discriminate
- Communicate proactively — inform employees about the school closure policy before closures occur
Common Mistakes
- Deducting pay without checking whether the employee’s contract or policy allows for school closure absence
- Applying absence management triggers to school closure-related absences
- Not recognising that school closures affect employees differently depending on their family circumstances
- Failing to offer remote working as an alternative to formal leave during school closures
- Treating school closure absence as a performance issue rather than a practical childcare challenge
FAQ
What is school closure leave?
School closure leave is time off for employees whose children cannot attend school or childcare due to an unexpected closure. There is no specific statutory right to school closure leave in most jurisdictions, and employees typically use existing leave entitlements or employer policies.
Is school closure leave paid in the UK?
There is no statutory right to paid school closure leave in the UK. Employees may use unpaid dependant emergency leave under the Employment Rights Act 1996, or annual leave if their employer requires it. Some employers offer paid school closure leave as a contractual benefit.
Can I work from home during a school closure?
If your role allows remote working, many employers will expect you to work from home during a school closure. This is often the most practical arrangement for both the employee and the employer. Discuss expectations with your manager.
Does school closure leave apply to teacher strikes?
School closure leave policies typically cover all unexpected school closures, including those caused by teacher strikes. However, the specific scope depends on the employer’s policy. Employees should check their employment contract or employee handbook for details.
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