Coronavirus Act 2020

PART 1 Entitlement to emergency volunteering leave

Entitlement to emergency volunteering leave

1 (1) A worker is entitled to be absent from work on leave for the period specified in an emergency volunteering certificate if the condition in sub-paragraph (2) is met.

(2) The condition is that, no later than 3 working days before the first day of the period specified in the emergency volunteering certificate, the worker—

(a) notifies their employer in writing of their intention to be absent from work on leave for the period specified in the emergency volunteering certificate, and

(b) provides their employer with a copy of the certificate.

(3) An “emergency volunteering certificate” is a document issued by an appropriate authority certifying that the worker—

(a) has been approved by the authority as an emergency volunteer in health or social care, and

(b) will be acting as an emergency volunteer in health or social care from the date, and for the period, specified in the certificate.

(4) The period specified in the certificate must be a period of—

(a) two consecutive weeks,

(b) three consecutive weeks, or

(c) four consecutive weeks,

and must begin and end in the same volunteering period.

(5) A worker may not be absent from work under this paragraph more than once in each volunteering period.

(6) This paragraph is subject to paragraph 3 (exceptions).

(7) In this Schedule “emergency volunteering leave” means leave under this paragraph.

Meaning of “volunteering period”

2 (1) For the purposes of paragraph 1 the “volunteering periods” are—

(a) the period of 16 weeks beginning with the day on which this Schedule comes into force;

(b) any subsequent periods of 16 weeks specified by the relevant national authority in regulations;

(c) any period of less than 16 weeks, ending with the expiry of this Part of this Schedule, specified by the relevant national authority in regulations.

(2) A volunteering period specified in regulations under sub-paragraph (1)(b) or (1)(c)—

(a) may not begin before the end of the previous volunteering period;

(b) may, but need not, begin immediately after the end of the previous volunteering period.

(3) In this paragraph the “relevant national authority” means—

(a) in relation to England and Wales and Scotland, the Secretary of State;

(b) in relation to Northern Ireland, the Secretary of State or the Department for the Economy in Northern Ireland.

(4) The Secretary of State may not make regulations under this paragraph in relation to Northern Ireland unless the Department for the Economy in Northern Ireland consents.

Exceptions to entitlement to emergency volunteering leave

3 (1) Paragraph 1 does not apply where the worker—

(a) is employed by an undertaking which has a headcount of staff of less than 10;

(b) is employed by the Crown;

(c) is a relevant member of the House of Lords staff, within the meaning of section 194 of the Employment Rights Act 1996;

(d) is a relevant member of the House of Commons staff, within the meaning of section 195 of the Employment Rights Act 1996;

(e) is employed under a contract of employment with the National Assembly for Wales Commission;

(f) is employed under a contract of employment with the Scottish Parliamentary Corporate Body;

(g) is employed under a contract of employment with the Northern Ireland Assembly Commission;

(h) is employed under a contract of employment in police service (within the meaning of section 200(2) of the Employment Rights Act 1996);

(i) is of a description specified in regulations made by the relevant national authority.

(2) Sub-paragraph (1)(h) does not apply in relation to Northern Ireland.

(3) In sub-paragraph (1)(i) the “relevant national authority” means—

(a) in relation to England and Wales and Scotland, the Secretary of State;

(b) in relation to Northern Ireland, the Department for the Economy in Northern Ireland.

Meaning of “appropriate authority”

4 (1) This paragraph applies for the interpretation of this Part of this Schedule.

(2) In relation to England, “appropriate authority” means—

(a) the Secretary of State for Health and Social Care,

(b) the National Health Service Commissioning Board,

(c) a county council,

(d) a district council for an area for which there is no county council,

(e) a London borough council,

(f) the Common Council of the City of London, or

(g) the Council of the Isles of Scilly.

(3) In relation to Wales, “appropriate authority” means—

(a) the Welsh Ministers,

(b) a county council, or

(c) a county borough council.

(4) In relation to Scotland, “appropriate authority” means—

(a) the Scottish Ministers, or

(b) a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994.

(5) In relation to Northern Ireland, “appropriate authority” means—

(a) the Department of Health in Northern Ireland,

(b) the Regional Health and Social Care Board, or

(c) a Health and Social Care trust.