What Is the Difference between Statutory and Contractual Leave

As an employee, it is important to understand the different types of leave that are available to you. Two of the most common types of leave are statutory leave and contractual leave. While they may sound similar, there are some significant differences between the two.

Statutory leave is leave that is provided for by law. This means that it is a legal requirement for employers to provide their employees with a certain amount of time off for specific reasons. The most common types of statutory leave include:

1. Annual leave – All employees are entitled to a minimum of 5.6 weeks’ paid leave per year, although employers can choose to offer more.

2. Maternity leave – Female employees are entitled to up to 52 weeks’ leave for the birth or adoption of a child.

3. Paternity leave – Male employees are entitled to up to 2 weeks’ leave following the birth or adoption of a child.

4. Sick leave – Employees are entitled to paid time off work when they are ill.

Contractual leave, on the other hand, is leave that is agreed upon between the employer and the employee as part of the employment contract. This means that the amount and type of leave that an employee is entitled to depends on the terms of their contract.

Contractual leave may include additional time off for things like:

1. Bereavement leave – Time off work following the death of a family member.

2. Study leave – Time off work to attend a course or training program.

3. Compassionate leave – Time off work to care for a sick or elderly family member.

4. Unpaid leave – Time off work that is not covered by statutory leave or paid for by the employer.

It is important to note that while statutory leave is a legal requirement, contractual leave is not. Employers are not obligated to offer additional leave beyond what is required by law.

In conclusion, statutory leave and contractual leave are two different types of leave that employees may be entitled to. While statutory leave is a legal requirement, contractual leave is agreed upon between the employer and the employee. It is important for employees to understand what types of leave they are entitled to and to review their employment contract carefully to ensure they are receiving the appropriate amount of time off.