Career breaks in the public sector

You have no legal right to a career break in the UK. GOV.UK says no law deals specifically with career breaks and that a break is only an agreement between you and your employer, which does not have to offer one. In the public sector the practical position depends on your employer’s policy: the NHS has a national scheme, and in other parts of the sector the terms are set locally.

What GOV.UK says

An employer that offers career breaks should set out the policy clearly, for example in a staff handbook. GOV.UK lists what it should cover: eligibility and notice periods, how to apply and how long is allowed, and whether the terms of your contract continue, for example qualifying for pay increases.

The weak point is the return. GOV.UK says arrangements to come back are not legally binding, and agreeing one could mean ending your existing contract of employment. If an employer then decides you cannot return to your job or a similar one, you cannot take legal action. Get any promise about your job in writing before you go, and read what it says about your contract.

The NHS scheme

NHS employers are expected to offer an unpaid employment break scheme under the national handbook, with local detail agreed with staff representatives. The handbook wording is “should”, so it is not a legal right either. It does give you a published policy to point to. Our guide to the NHS employment break scheme covers the length, eligibility and return guarantee.

Councils, schools and the Civil Service

For council staff on the Green Book, no national career break provision turned up in the terms we checked. The Green Book does let authorities grant special leave with or without pay at their discretion, and Green Book special leave explains it. For schools and the Civil Service, career breaks are a matter for the individual employer or department, so look for the policy on the staff intranet or ask HR. We have not been able to confirm national rules for teachers or Civil Service departments, so none are stated here.

Questions to ask HR before you apply:

• Is there a written policy, and how long can the break last?
• Does my service continue to count, and for which purposes?
• What happens to my holiday, pay progression and pension while I am away?
• What exactly is guaranteed on return, and how much notice must I give?
• Can I work for anyone else during the break?

Continuous service explains why the answer on service matters for redundancy pay and other rights.

Pension effects in the LGPS

Unpaid leave can leave a gap in your pension. For the Local Government Pension Scheme in England and Wales, unpaid leave that started on or after 1 April 2026 is treated by length:

• Under 15 days: your pension keeps building up, and you and your employer pay the contributions that would have been paid at your normal pay.
• 15 days or more: the break does not count automatically. You can choose to buy back the lost pension.

If you elect to buy back within a year of returning to work, the cost is split between you and your employer. Pay later and you pay the full cost yourself. For unpaid leave that started before 1 April 2026, the old rules apply and the window to elect with a shared cost is 30 days after you return. The LGPS site says your employer can tell you the cost and the payment options. Scotland and Northern Ireland have their own LGPS rules, so check with your fund, and see the Local Government Pension Scheme for the wider picture. For other schemes, check with the scheme before you sign anything, as we have not confirmed their rules.

Planning the return

Ask when your employer expects to hear from you, and keep in touch through the break. If you are in a regulated profession, check what the regulator needs for registration. Returning to work after a career break covers registration, refresher routes and how to explain a gap. If your reason is caring, a flexible working request may give you what you need without leaving, and flexible working explains how to make one.