FAQ on parental leave

Get a quick guide to parental leave and learn your rights.

What is parental leave?
Parental leave is a right that came into being under the Employment Relations Act 1999. It gives parents the right to take time off work to look after their children or to make arrangements for their children’s welfare.

Who can take parental leave?
You can only take parental leave if you have completed one year’s service with your employer. The government has been forced to climb down on the additional stipulation that only parents whose children were born or adopted on or after December 15, 1999. were eligible. Now all parents with children under five can make use of the right. Parental leave entitles you to 13 weeks unpaid leave.

Parental leave is a fallback scheme. This means that your employer might have made arrangements with you individually, or with you as one of their employees, but cannot offer you less than is laid out in the parental leave scheme.

Does it matter how old my child is?
Yes. You must take the leave by your child’s fifth birthday. If your child is disabled this is extended up until your child’s 18th birthday. If you have adopted your child, then you can take parental leave for five years after the child is first placed with you for adoption (or until your child’s 18th birthday, if this is sooner).

What procedures must I follow before I can take parental leave?
Your employer may specify their own procedures whether by workforce agreements, collective agreements or individual arrangements. Whichever agreement you have, it will only apply if it’s part of your contract of employment. If you don’t have any mutual agreement, the following provisions automatically apply under the fallback scheme

  • Usually you will have to take your leave in one-week blocks, either separately or back-to-back. However, if your child is disabled, you can take one-day leave, or consecutive one-day leaves
  • The most parental leave you can take in one year for one child is four weeks (if you have twins, this is extended to eight weeks)
  • You must give your employer 21 days’ notice of your leave
  • Your employer can put off your leave for up to six months if they can show that the period you suggest would somehow disrupt their business
  • Your employer cannot postpone your leave if you give notice to take it immediately after your child is born, or immediately after your child is placed with you for adoption

Under what circumstances can my employer postpone my leave?
Your employer may be justified in postponing your leave if

  • the work is at a seasonal peak at the time you have asked for leave
  • a significant proportion of their workforce has requested parental leave for that same period
  • you have a job that means that your absence at a particular time would unduly harm the business

What if I just need to take the odd day off?
If you have a family emergency – for example, if the person who usually looks after your child while you are at work falls ill and does not turn up – you would be better off claiming dependency leave, because this gives you the right to one or two days off at short notice.

What procedure should my employer follow if they want to postpone my leave?
Your employer can postpone your leave by up to six months from the start-date you asked for, if they think that your absence would unduly disrupt their business. Your employer should discuss this with you. They must also confirm the postponement in writing, listing the reasons why they have postponed your leave, and giving you a new date when you can take parental leave. This should be sent to you no more than seven days after you gave them notice that you intended to take parental leave.

What can I do if my employer refuses to let me take parental leave?
You can go to an employment tribunal. You can also go to the tribunal if your employer tries to stop you from taking parental leave, or if they victimise you or dismiss you for taking parental leave.

How is parental leave tracked?
Your employer does not need to keep a record of your parental leave, but many employers will want to for their own records. If you change your job, your new employer can ask your old employer how much parental leave you have taken. They will also be able to ask you to declare how much parental leave you have had.

Your employer can ask you for evidence that you are entitled to parental leave. It is reasonable for your employer to ask you to show that you are the parent of a child, or that you are legally responsible for a child. They might ask you to produce a birth certificate, adoption papers, or, if your child is disabled, a disability allowance award.

Can I return to the same job after parental leave?
If your period of leave was four weeks or less, then you have the right to return to the same job. If you took more than four weeks parental leave, then you can return to the same job, as long as this is a reasonably practical option. If it is not practical, then you have the right to return to a similar job that has equal (or better) status, and the same terms and conditions as your old job.

Further information

  • New Ways to Work, 22 Northumberland Avenue, London WC2 5AP has a most useful factsheet Time Off for Dependants and Parental Leave (£2 inc p&p)
  • The Equal Opportunities Commission, Overseas House, Quay Street, Manchester M3 3HN (0161 833 9244; fax: 835 1657) has a briefing paper on Parental and Dependency Leave
  • IPPR/ Parental Leave Campaign, 30-32 Southampton Street, London WC2E 7RA (tel: 020 7476 6100) publishes Time Off with Children: Paying for Parental Leave (£4.95)
  • The Maternity Alliance, 45 Beech Street, London EC2P 2LX (020 7588 8582; fax:7588 8584; email) has useful factsheets: Parental Leave (£1 with sae); Pregnant at Work, 2000 (£1.50 with sae). The Parental Campaign is based at the Beech Street Address
  • The TUC publishes information on its website
  • The Department of Trade and Industry (DTI) publishes booklets and leaflets which are also available on its website under the heading Regulatory Guidance. They can be obtained free from Employment Service Jobcentres or from the DTI Order line (tel: 0870 1502 500). Or you can order them by post from DTI Publications Order line, ADMAIL 528, London SW1W 8YT. Time Off for Dependants: A Short Guide, DTI (Ref: URN 99/1187; Parental Leave: A Short Guide, (Ref: URN 99/1192); Maternity Rights: A Short Guide, DTI (Ref: URN 99/1190); Maternity Rights, DTI (Ref: URN 98/812 (detailed guidance on previous maternity rights)
  • The Maternity and Parental Leave Regulations 1999, published by the Stationery Office (0870 600 5522).
  • The DTI Parental Leave Enquiry Line: 020 7215 6207