Unpaid leave is time off where your job is protected but your employer doesn't have to pay you. There's no general right to it on request: you get it only in the situations the law names. The big ones are UK unpaid parental leave (18 weeks per child), US FMLA leave (up to 12 workweeks a year) and Australia's 2 days of unpaid carer's leave per occasion.
Everything else, such as a career break or a few extra weeks of travel, is up to your employer and your contract. Below are the statutory unpaid leave rights in three countries, from GOV.UK, the US Department of Labor and the Fair Work Ombudsman.
Statutory unpaid leave compared
| Country | Unpaid leave right | How much | Who qualifies |
|---|---|---|---|
| UK | Unpaid Parental Leave | 18 weeks per child up to their 18th birthday; max 4 weeks a year per child | Employees with parental responsibility (not workers or the self-employed) |
| UK | Time off for dependants | A reasonable amount for an emergency | Employees |
| US | FMLA leave | Up to 12 workweeks in 12 months (26 for military caregiver leave) | 12 months' service, 1,250 hours, 50 employees within 75 miles |
| Australia | Unpaid carer's leave | 2 days per occasion | All employees, casuals included |
UK: unpaid parental leave
You can use it to look after a child's welfare: settling them into new childcare, spending more time with them, or visiting grandparents. Your employment rights, including holiday and returning to your job, are protected while you're off.
- Leave is taken in whole weeks unless your employer agrees otherwise or your child is disabled.
- A 'week' is however long you normally work over 7 days, so 3 days if you work 3 days a week.
- It belongs to the child, not the job: use 10 weeks with one employer and you can use the other 8 with the next, if eligible.
- Give 21 days' notice of the start date.
Your employer can postpone it for a 'significant reason', such as serious disruption, but must explain in writing within 7 days and offer a new start within 6 months. It can't postpone leave a father or partner takes immediately after a birth or adoption.
UK: time off for dependants
For an emergency involving a spouse, partner, child, grandchild, parent or someone who depends on you, you're entitled to a reasonable amount of time off. There's no set number of days and no limit on how often. It doesn't have to be paid. It doesn't cover things you knew about in advance, such as a planned hospital appointment, and you don't need to give written proof. Your employer can't treat you unfairly or choose you for redundancy because you took it.
US: FMLA leave
The Family and Medical Leave Act gives eligible employees job-protected leave for qualifying family and medical reasons. It's unpaid unless used at the same time as employer-provided paid leave, but your group health cover continues on the same terms, and you must be restored to the same or a virtually identical job.
- Your employer must be covered: private employers with 50 or more employees in 20 or more workweeks this year or last, plus public agencies and schools.
- You must have worked there at least 12 months.
- You need at least 1,250 hours of service in the 12 months before leave starts.
- Your location must have at least 50 employees within 75 miles.
Some states have their own family and medical leave laws, and you get the benefit of whichever applies. Our FMLA guide goes further on qualifying reasons.
Australia: unpaid carer's leave
All employees, including casuals, get 2 days of unpaid carer's leave each time an immediate family or household member needs care because of illness, injury or an unexpected emergency. Full-time and part-time staff can only use it once their paid sick and carer's leave has run out. Casuals don't get paid personal leave, so for them this is the main protected right. Our guide to carer's leave covers the paid side.
What unpaid leave does to your other entitlements
Protected unpaid leave keeps your job, but it can still touch pay-linked benefits. In the UK, your employment rights such as holiday continue during unpaid parental leave. In the US, FMLA keeps your group health cover running on the same terms, and the Department of Labor says writing you up or giving attendance points for FMLA absence is prohibited retaliation. In Australia, check your award: some leave counts as service for accruals and some doesn't.
If you're an employer, record every period of unpaid leave with its legal basis. It's the easiest way to show later that a redundancy or performance decision had nothing to do with it.
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Asking for unpaid leave that isn't a legal right
If your reason isn't on the list, it's a negotiation. Put the request in writing, name the dates, offer a handover plan, and ask how it affects your holiday accrual and benefits. In the UK, unpaid leave outside parental leave can also be agreed instead of paid holiday under your holiday entitlement if your employer is flexible.
The verdict
Know which unpaid leave you're entitled to before you ask, because it changes the tone of the conversation. A statutory right is something you tell your employer you're taking, with notice. Everything else is a request, and it helps to arrive with dates, a handover plan and an answer to the question your manager will ask first: who covers your work while you're away? If you're in the US, check the 1,250-hour and 50-employee tests first: they rule out a lot of small-business staff, and your state's own leave law may be the better route.
Australian readers often ask what the government scheme for new parents looks like, so I've laid it out in my guide to parental leave support in Australia.
Frequently asked questions
Is unpaid leave a legal right?
Only in specific situations, such as UK unpaid parental leave, time off for dependants, US FMLA leave and Australian unpaid carer's leave. Other unpaid leave is at your employer's discretion.
How much unpaid parental leave can you take in the UK?
18 weeks for each child up to their 18th birthday, with a limit of 4 weeks a year per child unless your employer agrees otherwise.
How long is FMLA leave?
Up to 12 workweeks in a 12-month period, or 26 workweeks for military caregiver leave.
Do casuals get unpaid carer's leave in Australia?
Yes. All employees, including casuals, get 2 days of unpaid carer's leave per occasion.
