Parental Leave
Starting a family is a huge undertaking for new parents. Add to this the stress of having to leave or even quit their jobs, and the entire situation can become problematic for everyone involved, including the business where the person works.
In the UK, parents are entitled to unpaid Parental Leave for a set period of time. This can be taken for a number of different reasons – not just the birth of a child as was the case traditionally. Therefore, if you are a business owner, you need to be aware of this. You should be prepared and ready to offer it when required. There are numerous proven benefits to providing Parental Leave – and not all for the employee. Businesses also report benefits to their operations and sustainability when providing their employees with Parental Leave. To help you get a better understanding of the law surrounding Parental Leave, as well as what, as an employee, you will have to provide, we have put together the following information:
What can Parental Leave be used for?
Parental Leave can be taken for a large number of different reasons, the majority of which are focused around protecting a child’s welfare. The main aim of Parental Leave is to enable parents to spend more time with their children when required. This can be for a specific reason, such as relocating to a new home, the arrival of a new child/sibling or the search for a new school. Both mothers and fathers are entitled to Parental Leave – with there being some differences in the amount of time provided, and also depending on the reasoning behind the request for leave.
How long is Parental Leave
Each parent is entitled to take a maximum of 4-weeks off per child annually in Parental Leave – unless otherwise stated by an employee. For example, some companies offer longer than 4-weeks. In total, parents are allowed to take a total of 18-weeks off per child – including adopted children – up to their 18th birthday. After this, these children are classed as adults and therefore no longer considered for Parental Leave. Parental Leave must be taken in week blocks rather than individual days – unless an alternative agreement is made with the employee. Being able to take individual days off for Parental Leave is also allowed if the child in question is disabled. Furthermore, the 4-weeks allowed under Parental Leave do not have to be taken in one 4-week go and instead can be split over an entire year.
What is classed as one-week?
For Parental Leave purposes, one-week is classed as the number of normal hours a person works over a period of 7-days. For example, if a person worked 4-days in one week, a ‘week’ of Parental Leave would equal 4-days. Employees who work irregular hours can calculate leave by adding up the total days they work in one-year and then dividing this number by 52.
Parental Leave rights
If a person is taking Parental Leave, their Employment Rights are still valid. This ensures their rights to holidays, pay and being able to return to their job are not affected. In addition, a person is allowed to carry the Parental Leave over to a new job without fear of losing any of the time off allowed to them. This is because leave is applicable to a person’s child, not their job. For example, if a person has used 10-weeks of their total 18-week Parental Leave allowance, they have 8-weeks remaining which they can still take, regardless of whether they are no longer in the same place of employment or not.
How to qualify for Parental Leave
Whilst there may be some small differences between the types of Parental Leave offered by companies, in general, they all follow the same guidelines. Therefore, as long as you meet certain criteria, you will be entitled to Parental Leave. A person can qualify if they meet the following criteria:
- An employee has been with the company for more than 1-year
- An employee is named on the child’s birth certificate / they have full parental responsibility for the named child
- The person is not classed as being self-employed, agency worker, contractor
- The child in question is not aged over 18-years
Some flexibility is allowed for businesses, regarding Parental Leave. In terms of companies being allowed to extend Parental Leave to employees to under normal circumstances would not qualify.
Parental Leave notice period
If an employee intends to take leave, they must provide their employer with 21-days-notice before the first day of leave. If the Parental Leave is for the birth of a child, the 21-day period should begin one-week before the child is due. Employees wishing to take Parental Leave must clearly state their intended start and end dates. Whilst such a request does not need to be in writing, many businesses do require this nowadays. It is also recommended as it provides both the employer and employee with a record of the agreement.
Can Parental Leave be turned down?
Whilst there are occasions when leave can be denied to a person, these are rare and must meet very specific criteria. For example, Parental Leave cannot be denied if the employee is the father/partner and the request is for the period immediately after the child’s birth. An employer can request Parental Leave be postponed to another time if it can be proven that granting it would cause the business serious problems. However, this must be proven by the employer and cannot override a request for the birth of a child. If it is postponed, the employer must provide a written explanation within 7-days of the request. Furthermore, this Parental Leave must then be rescheduled to occur within 6-months of the original request.
