HR Glossary
Disability Leave
What is Disability Leave?
Disability leave refers to a period of authorised absence from work granted to employees who are unable to carry out their normal duties because of a physical or mental health condition. It can be arranged either as part of an employer’s internal policy or as a reasonable adjustment under equality law.
At its core, disability leave ensures that individuals with a disability or long-term health condition are not unfairly disadvantaged at work. It allows them to take the time they need to recover, attend treatment, or manage their condition, while maintaining job security and dignity in employment.
Disability Leave as a Reasonable Adjustment
In the UK, the Equality Act 2010 requires employers to make reasonable adjustments for employees who meet the legal definition of disability. This is defined as a physical or mental impairment that has a substantial and long-term negative effect on a person’s ability to carry out normal daily activities.
Reasonable adjustments can include:
- Providing specialist equipment or software
- Allowing flexible working hours
- Making changes to the physical workplace
- Offering time off in the form of disability leave
When disability leave is offered as a reasonable adjustment, it is intended to help the employee manage their condition without being treated less favourably than colleagues. For example, time off to attend regular hospital appointments, treatment sessions, or rehabilitation could be considered reasonable.
Disability Leave as a Workplace Policy
Some organisations go further by creating a formal disability leave policy. This can provide a clear framework for managers and employees, setting out:
- How much leave is available and under what circumstances.
- Whether the leave is paid or unpaid.
- How disability leave interacts with other types of leave, such as sick leave or annual leave.
- How confidentiality and sensitive health information will be handled.
Having a structured policy not only supports employees but also helps employers maintain consistency, transparency, and compliance with legal duties.
How Disability Leave Differs from Sick Leave
Although disability leave and sick leave are often spoken about together, they are not always the same:
Sick leave is usually taken for short-term, unplanned illness or injury.
Disability leave is more often linked to a long-term condition or recurring health needs. It may be scheduled in advance, for example to cover regular treatment, or agreed as part of a longer-term plan.
Employers may offer both, and in some cases disability leave can run alongside other forms of statutory or company sick pay arrangements.
Key Features of Disability Leave
- Purpose: To enable employees with disabilities or long-term health conditions to manage treatment, recovery, or day-to-day adjustments without penalty.
- Duration: Can vary widely, from short planned absences to extended leave depending on individual needs and employer policy.
- Pay: May be paid or unpaid, depending on company policy or whether it overlaps with statutory sick pay.
- Job protection: In most cases, employees should be assured of returning to their role, or an equivalent one, following disability leave.
- Eligibility: Typically applies to employees who meet the legal definition of disability, though some employers extend it more broadly to support wellbeing.
Why Disability Leave Matters
Disability leave is more than just compliance. It signals that an organisation values its people and is committed to creating an inclusive workplace. The benefits include:
For employees: Time to manage health without fear of losing income or employment, improved wellbeing, and greater trust in their employer.
For employers: Higher retention rates, reduced long-term absence, stronger engagement, and a reputation as a responsible and inclusive workplace.
By offering disability leave, employers support equality of opportunity, helping people with long-term conditions to contribute fully and thrive at work.