Career breaks and the law

If you're an HR manager or an employer, you might want to know what the law is surrounding career breaks or sabbaticals.

Currently, there isn't one. You don't have to offer your staff a sabbatical if you don't want to, although they do bring benefits for the company.

• Find out how to draw up a career break policy

If you choose to offer sabbaticals to your staff, it's a good idea to have an official career break policy and be clear about what you will and won't do. For example, you may not be able to keep the exact same job for an employee, and only be able to offer a similar one at the same level.

Some companies only offer career breaks to staff at a certain level, or only full-time staff, which invariably leaves some employees feeling that they are unfairly treated, even though you may find this necessary for the way your company works. You may find it more suitable to offer career breaks to employees who've worked for you for a minimum period of time - this is standard practice. If you leave career breaks to a manager's discretion, and some employees are refused a sabbatical, you may find yourself facing accusations of discrimination.

When one of your staff goes on a sabbatical, whether or not you have an existing career break policy, you and the employee must get the terms in writing. It's a good idea to attach this to the contract and have it signed by both employer and employee. Employment contracts and any similar contracts (like the career break agreement) are still governed by law, so be aware that you still need to be 'reasonable' in what you require of your employee.

You will also need to protect yourself from unexpected developments. The most likely one is that your employee won't come back and there isn't a great deal you can do about this. The other main risk is that you may find yourself unable to offer them the same level of job on their return (particularly if you are a small company). If you have agreed this, you could be taken to a tribunal, or sued for breach of contract.

Finally, be aware that while your employee is on sabbatical, they are still legally your employee, even if you're not paying them for that period.

Need more help?

Get the UK's leading career break expert into your office to tell you and your staff what career breaks are all about. All talks include handouts for staff and a pack for the HR manager. Call 0161 4488846 for more information, or email info@thecareerbreaksite.com

Need more help?

Get the career break expert in for a consultation.

• Back to employer information
• Back to top