A Guide To Parental Leave

Parental leave gives eligible employees the right to take unpaid time off work to care for their child. Understanding how parental leave works can help employers manage requests fairly and ensure compliance with employment law.

Who is Eligible for Parental Leave?

To qualify for parental leave, an employee must:

• Have at least one year’s continuous service with their employer.
• Have, or expect to have, responsibility for the child’s upbringing.

Parental leave is unpaid and is separate from other family-related rights such as maternity, paternity, adoption, and shared parental leave.

Who Can Take Parental Leave

Parental leave is generally available to:

• Birth parents.
• Adoptive parents.
• Individuals with legal parental responsibility, such as guardians.

Step-parents and foster parents will not usually qualify unless they have acquired legal parental responsibility for the child.

How Much Parental Leave Can Be Taken?

Eligible employees are entitled to up to 18 weeks of unpaid parental leave for each child. This entitlement is personal to each parent and cannot be transferred.

What Can Parental Leave Be Used For?

Parental leave must be taken to care for a child. Common reasons include:

• Spending more time with family.
• Settling a child into childcare.
• Attending hospital appointments or supporting a child during treatment.
• Visiting or researching schools.

How Much Notice Must Be Given?

Employees must provide at least 21 days’ notice before taking parental leave and specify the start and end dates of the requested leave. Although notice does not have to be given in writing, employers may wish to implement a written procedure for administrative purposes.

Can an Employer Postpone Parental Leave?

In some circumstances, employers may postpone parental leave if the employee’s absence would unduly disrupt the business.

Examples may include:

• Peak trading periods.
• Critical project deadlines.
• Situations where the employee performs a key operational role.

However, parental leave cannot usually be postponed when it is requested immediately following the birth of a child or the placement of a child for adoption.

Parental leave is generally taken in blocks of one week or more and can be taken:

• Before a child’s fifth birthday.
• Before the fifth anniversary of an adopted child’s placement.
• Before a disabled child’s eighteenth birthday if they receive Disability Living Allowance.

What Happens to Employment Rights During Leave?

Although parental leave is unpaid, certain employment rights continue throughout the leave period, including:

• Accrual of statutory holiday entitlement.
• Protection from discrimination and unfair treatment.
• Continuity of employment.

Returning to Work After Parental Leave

Employees are entitled to return to work after parental leave. In many cases, particularly where the leave taken is four weeks or less, employees have the right to return to the same role on the same terms and conditions.

What Happens if an Employer Breaches the Rules?

Employees are protected by law when exercising their right to parental leave.

Employers may face employment tribunal claims if they:

• Dismiss an employee because they have taken or requested parental leave.
• Prevent an employee from taking parental leave.
• Unreasonably postpone a request for leave.

Dismissal connected to parental leave is likely to be automatically unfair.

Frequently Asked Questions

For tailored guidance, contact the Employment Law team at Wilson Browne Solicitors for a free consultation.