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The legal risks of ‘sandwich leave’
Written on 19 August 2025
It’s no secret that employees often try to optimise their annual leave, strategically booking time off around weekends or public holidays to get extra bang for their buck.
This practice, while understandable, has led some organisations to introduce what’s known as ‘sandwich leave’ policies, designed to prevent extended breaks using minimal leave.
The term gained traction recently after a LinkedIn post discussing its benefits went viral, sparking fierce debate. Many questioned whether such rules are fair or simply a way to discourage employees from taking time off. For some employers, the idea might sound appealing – but is it actually legal in the UK?
Before you consider making changes to your policies, here’s what you need to know.
What is sandwich leave?
A sandwich leave policy is a rule where non-working days, such as weekends or public holidays, that fall between leave days are also counted as part of the total leave.
For example, if an employee takes leave on Friday and the following Monday, the weekend in between is also counted, meaning four days of leave are deducted instead of just two.
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Why do some employers use it?
Employers may implement sandwich leave policies for several reasons. Common aims include:
- Ensuring fair leave management: Preventing employees from gaining an advantage by strategically placing leave around weekends or holidays.
- Discouraging opportunistic time off: Reducing the incentive for staff to stretch leave unnecessarily or manipulate schedules for extended breaks.
- Protecting operational continuity: Keeping staffing levels predictable and minimising disruption to work or project deadlines.
These sentiments were echoed in the controversial LinkedIn post, which noted that “exceptions may apply for official duty or medical emergencies, subject to HR approval”.
Why is sandwich leave controversial?
Despite their intended purpose, sandwich leave policies are largely unpopular, with many employees arguing that deducting leave for weekends or public holidays is unfair, since these are non-working days. After the post went viral, users took to Reddit to voice their outrage, with one commenting: “There is never a situation in which I should need to use my PTO on a day when I wouldn’t have been able to work anyway.”
Many view these policies as a form of control and a sign that employers don’t trust their staff. Critics argue that strict leave rules can harm morale and even contribute to higher turnover. As one user put it: “If a company pulls this on me, I am updating my resume on those leave days.” Another added: “Companies will implement this s*** and then complain they can’t attract any good talent.”
The general consensus is that sandwich leave policies often feel rigid and counterproductive, generating frustration rather than fostering engagement. Some users even suggested ways to work around the rules. “Guess I’ll just take off Thursday Friday”, one Redditor commented. Another warned: “If my job tried this I would ONLY take off in the middle of the week, just to be a pain in the a**.”
Is sandwich leave legal in the UK?
The author of the LinkedIn post was a HR professional based in Bengaluru, India, where policies are relatively common in private-sector companies. However, while sandwich leave may seem like an attractive prospect, UK employers should think very carefully about following suit.
Treating leave like this (i.e. counting non-working days such as the weekend as annual leave) is unlawful in the UK. All workers are entitled to a minimum of 5.6 weeks’ paid annual leave, and leave can only be taken from working days, not from non-working days.
Employers can restrict leave on particular days – for example, they may impose a limit on how many people can book the Friday off before a bank holiday weekend – but employees cannot be compelled to take less holiday than they are legally entitled to, which would be the case under a sandwich leave policy.
Getting leave policies right
While sandwich leave policies aren’t lawful in the UK, being clear about holiday entitlement and how it works is still important. Thoughtfully designed and implemented leave policies can balance operational needs with employee wellbeing – but transparency, flexibility, and empathy are essential. HR should frame leave rules as part of a broader commitment to work-life balance, ensuring policies feel fair rather than restrictive.
To ensure your leave policies are effective, follow these best practices:
Be transparent from the start
Clearly explain your leave policies during onboarding and in your employee handbook.
Ensure you have different policies for different kinds of leave
Make provisions for dependant care leave, care leave, parental leave, bereavement leave, etc. These should be contained in separate policies.
Manage requests for leave fairly
Ensure that you have a fair system for agreeing who can take leave and when so that workload is balanced and the needs of the organisation are met.
Listen and adjust
Regularly gather feedback to ensure the policy supports your people instead of penalising them.
Remember, your organisation’s policies reflect your values; if your leave system is unclear or unfair, expect disengagement, resentment, and higher turnover. With employees increasingly prioritising flexibility and mental wellbeing, employers should avoid biting off more than they can chew.
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