Time off for public duties: current and future entitlements

A new consultation has been published on proposals to amend the current right to take time off to carry out public duties. It follows a recent government review of the current list of public duties eligible for time off work, to ensure the list remains fit for purpose and supports the effective functioning of modern public services.

The current entitlement 

Under section 50 of the Employment Rights Act 1996 (ERA 1996), employees are currently entitled to take a ‘reasonable’ amount of unpaid time off work during working hours to perform specified public duties. Pay for this time is entirely at the discretion of the employer, some may have a policy in place and will allow a certain amount of paid leave to carry out these roles.

The right was originally introduced to enable working individuals to participate in civic and public life alongside paid employment. It remains a core but relatively narrow statutory entitlement, focused on a defined list of roles connected to public office or statutory bodies.

To qualify for the entitlement, an individual must be an employee and must be carrying out one of the public duties specified in the ERA 1996. This includes being a justice of the peace or a member of a local authority, police authority and a relevant health or education body.

The current entitlement does not apply to informal volunteering or roles not formally recognised in the legislation. Employers can refuse requests for time off if it is unreasonable in the circumstances and can impose reasonable conditions on the exercise of the right, such as requiring a minimum notice period.

Proposed reforms

The list of qualifying roles has not been comprehensively reviewed for over 50 years, despite significant changes to public service structures and governance. This has led to inconsistencies between comparable roles and across jurisdictions.

The Government review underpinning the consultation concludes that reform is needed to ensure the regime remains “fair, effective and fit for purpose”, with a renewed focus on enabling participation in community-focused public duties.

The consultation seeks views on the following changes to the statutory framework.

The government proposes extending the right to time off to a number of roles, particularly those with a local or community focus. These include:

• special constables
• school governance roles for academies and academy trusts
• members of governing bodies or audit committees for designated institutions
• members of conservation boards, corporate joint committees and integration joint boards.
• fee-paid judges and lay panel members of the Judicial Appointments Commission.

These proposals are designed to address gaps in the current legislation and align entitlement to time off with modern governance structures and comparable responsibilities. The government’s view is that entitlement should primarily support participation in local community structures.

The consultation proposes removing the right to time off for individuals undertaking national‑level governance roles, including:

• board members of the Environment Agency and Scottish Environment Protection Agency
• members of the General Teaching Council for Wales (Education Workforce Council)
• non-executive board members of national health bodies and Scottish Water.

The rationale is that these roles are not aligned with the legislation’s original community-focused purpose and typically do not face recruitment barriers related to a lack of time off.

The right to time off remains limited to roles connected to a statutory office or public body. The Government is not proposing broader ‘volunteering leave’, although it encourages employers to consider offering this separately.

Evidence is also being gathered on how the current entitlement operates in practice, including awareness, usage and employer challenges. There is an emphasis on balancing civic participation with the practical realities of managing employee absence.

What will be the impact on employers?

If implemented, the proposals would expand the range of employees entitled to request time off for public duties. In particular, employers may see additional requests for time off relating to:

• school and education governance roles
• policing through the special constabulary
• local or regional governance bodies.

This is likely to be most relevant for organisations with employees engaged in public or community roles, or with a strong emphasis on corporate social responsibility.

Importantly, the core framework will not change. Employees remain entitled only to a ‘reasonable’ amount of unpaid time off, and employers can refuse requests where absence would be disruptive or difficult to accommodate.

Next steps

The consultation was published on 12 June 2026 and closes on 4 September 2026.

Once the Government has analysed responses, a formal response will be published, setting out any intended legislative changes. Any reforms will then require legislation to amend the list of qualifying public duties under section 50 of the Employment Rights Act 1996.