As well as maternity and paternity leave, working parents may be entitled to unpaid parental leave of up to 13 weeks over five years.
Unlike other parental rights, parental leave can be taken flexibly.
Who can take parental leave?
Employees can take parental leave if they:
- Have parental control of a child
- Have been working for at least one year continuously
- Are not a member of the police or armed forces
How long can employees take?
The employee is entitled to take off:
- Up to 13 weeks for each child; or
- Up to 18 weeks if the child is disabled
So if an employee has two young children, they can take up to 26 weeks.
The employee cannot take more than four weeks’ leave for each child per year.
Is there a time limit on taking leave?
Yes. The leave must be taken:
- Before the child turns 5 years old; or
- Before 18 years old if the child is disabled
What about adopted children?
With adoption cases, leave must be taken before the fifth anniversary of the placement, or the child’s 18th birthday if this is sooner.
What is the purpose of parental leave?
The purpose of the leave must be for caring for the child only. Unless agreed with the employer, the employee could be subject to disciplinary proceedings if they use the leave for another purpose.
Returning to work after parental leave
Generally if the leave is for an isolated period of four weeks or less, the employee is entitled to return to the same job as before.
- In these circumstances, employees are entitled to return on the same contract terms.
There are cases where the leave:
- Is longer than four weeks; or
- Has been taken at the end of Additional Maternity Leave
Here the employer can place the employee in a job that is a suitable and appropriate role, if it is not reasonably practical to return them to the same position.
Can employers postpone parental leave?
No, if the leave is to be taken immediately on the birth of a child, or on the placement of a child for adoption. Otherwise, yes, if the employer considers that the operation of its business would be unduly disrupted Examples include where:
- The work is seasonal
- The employee is working on a project with time constraints
- Other employees are looking to book parental leave at the same time
How does postponing parental leave work?
In general, the postponement can be up to six months from the date it was originally going to be taken. However the employee must be consulted about this by the employer and notified within seven days of them making the request about the new dates, when the leave will be allowed.
The reason for the postponement must also be stated.
Parental leave and tribunal claims – the facts
An employee is automatically unfairly dismissed if their employment is terminated because they took parental leave, or plan to take it.
An unfair dismissal claim must be made within three months of the dismissal.
If an employer tries to prevent an employee from taking parental leave, or if it is unreasonably postponed, the employee can make a complaint to the tribunal. This must also be done within three months of the refusal.
If the employee is dismissed, the Tribunal can order re-engagement, reinstatement or compensation.
Getting in touch
To find out more about our Parental Leave service, please contact Carol Shaw on 01295 204140 or email cshaw@se-law.co.uk