Who can take parental leave
Employees who are either the natural or adoptive parents within five years of the birth or adoption (as long as the adopted child is under 18 years old), if the child is disabled the time limit is extended until the child's 18th birthday. In all cases the employee must have one years continuous service.
The main provisions
- up to 13 weeks unpaid time off (for each child if twins)
- leave is extended to 18 weeks for disabled children
- no break in the length of service is incurred and employment continues
- right to return to the same or similar job
Agreed schemes and the fallback scheme
Any parental leave scheme agreed either individually or collectively should either equal or exceed the regulated (fallback) rights as the employee can pick and choose the best bits from the agreed and fallback schemes.
Notice of twenty one days must be given by the employee, should the operation of the employer's business be unduly disrupted by the employee taking leave the employer can, within seven days of the initial notice and in writing stating the reasons, postpone the leave start date by up to six months unless the leave is to be taken immediately after the birth or adoption of the child.
For disabled children leave can be taken a day at a time, otherwise, unless agreed separately, leave should be taken in blocks of one week to a maximum of four weeks a year.
The maximum number of weeks refers to the employee, regardless of who their employer is and is a lifetime entitlement. Weeks taken with all previous employers reduce the number of weeks available from the current employer. Once all weeks have been taken the entitlement expires. An employer can enquire from previous employers as to the total of leave taken to ensure the entitlement is not exceeded. Disciplinary action can be taken against an employee who makes a dishonest claim.
Enforcement and protection from detriment and dismissal
A complaint may be made to an Employment Tribunal when an employer unreasonably postpones the leave period. It is automatically unfair for an employer to dismiss, or refuse to offer the old job back, or discriminate against an employee for parental leave related reasons.
