Unpaid parental leave

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1. Overview

Eligible employees can take unpaid parental leave to look after their child鈥檚 welfare, for example to:

  • spend more time with their children
  • look at new schools
  • settle children into new childcare arrangements
  • spend more time with family, such as visiting grandparents

Their employment rights (like the right to pay, holidays and returning to a job) are protected during parental leave.

2. Entitlement

Parental leave is unpaid. You鈥檙e entitled to 18 weeks鈥� leave for each child and adopted child, up to their 18th birthday.

The limit on how much parental leave each parent can take in a year is 4 weeks for each child (unless the employer agrees otherwise).

You must take parental leave as whole weeks (for example 1 week or 2 weeks) rather than individual days, unless your employer agrees otherwise or if your child is disabled. You do not have to take all the leave at once.

A 鈥榳eek鈥� equals the length of time an employee normally works over 7 days.

Example

If an employee works 3 days a week, one 鈥榳eek鈥� of parental leave equals 3 days. If an employee works irregular weeks the number of days in a 鈥榳eek鈥� is the total number of days they work a year divided by 52.

Carrying leave over from a previous job

Parental leave applies to each child, not to an individual鈥檚 job.

Example

An employee is entitled to 18 weeks. They鈥檝e used 10 with a previous employer. They can use up to 8 weeks with their new employer if they鈥檙e eligible.

3. Eligibility

Employees qualify if all of these apply:

  • they鈥檝e been in the company for more than a year
  • they鈥檙e named on the child鈥檚 birth or adoption certificate or they have or expect to have parental responsibility
  • they鈥檙e not self-employed or a 鈥榳orker鈥�, for example an agency worker or contractor
  • they鈥檙e not a foster parent (unless they鈥檝e secured parental responsibility through the courts)
  • the child is under 18

Employers can ask for proof (like a birth certificate) as long as it鈥檚 reasonable to do so - for example they cannot ask for proof each time an employee requests leave.

Employers can choose to offer parental leave to those groups who are not eligible. Employees can check this in their staff handbook.

4. Notice period

Employees must give 21 days鈥� notice before their intended start date. If they or their partner are having a baby or adopting, it鈥檚 21 days before the week the baby or child is expected.

Employees must confirm the start and end dates in their notice. Unless an employer requests it, this does not have to be in writing.

5. Delaying leave

Leave cannot be postponed (delayed) if:

  • the employer does not have a 鈥榮ignificant reason鈥�, for example it would cause serious disruption to the business
  • it鈥檚 being taken by the father or partner immediately after the birth or adoption of a child
  • it means an employee would no longer qualify for parental leave, for example postponing it until after the child鈥檚 18th birthday

If it鈥檚 postponed, the employer:

  • must write explaining why within 7 days of the original request
  • must suggest a new start date - this must be within 6 months of the requested start date
  • cannot change the amount of leave being requested