Disability leave should be for short absence periods that can usually be planned and requested in advance and will normally be where an individual has shared that they have a disability in accordance with the Equality Act 2010.

Disability leave can be considered a type of reasonable adjustment under the Equality Act 2010 and is given as an example of good practice in the Equality and Human Rights Commission’s Employment Statutory Code of Practice.

It is important to note that disability leave is not generally intended to apply to extended periods of absence or where the individual has not recovered from a planned treatment and is not well enough to attend work. These periods of absence will be considered as disability-related sickness absence.