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The 4-Week Cumulative Unpaid Leave Rule

How unpaid leave, sabbaticals, and extended absences affect sponsorship compliance.

Written by Tom Hext

The four-week cumulative limit

Sponsored workers are generally permitted up to four weeks of unpaid leave in any twelve-month period without it affecting their sponsorship. This includes extended unpaid absences, unpaid sabbaticals, and prolonged unpaid sickness absence beyond contractual sick pay. The four weeks is cumulative, not continuous, so short unpaid absences across the year add up.

What counts as unpaid leave

Any period where the worker is absent and not receiving their normal salary counts toward the four-week total. This includes:

  • Unpaid leave requested by the worker

  • Unpaid sickness absence once contractual sick pay has ended

  • Suspension without pay

  • Any career break or sabbatical not covered by salary

Paid statutory leave does not count

Annual leave, statutory maternity, paternity, adoption, shared parental, and parental bereavement leave do not count toward the four-week limit, even though some of these may be at statutory (rather than full) pay.

Important: Workers on minimum salary thresholds

If a worker is paid exactly at the minimum salary threshold stated on their Certificate of Sponsorship (CoS), any unpaid leave that reduces their monthly gross pay below that threshold must be reported to the Home Office as a change of circumstance. For example, if a worker earns exactly the CoS minimum monthly rate and takes a single unpaid day off, their pay for that month will fall below the CoS salary requirement and this must be flagged. Keep detailed records of any underpayment and report each occurrence through the Changes of Circumstance process on Borderless.

If a worker exceeds four weeks

If a sponsored worker's unpaid leave exceeds four weeks in a rolling twelve-month period, this must be reported to Borderless so we can notify the Home Office. Failure to report can result in sponsor licence compliance action.

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