Parental Leave and Pay

Guide for Employers and Managers

Parental Leave has been available to parents since December 1999. If the employee is eligible, it gives the right for parents to take periods of unpaid leave as follows:

  • parents can take one or more periods of unpaid leave up to a total of 13 weeks to look after each child, which can be taken before their child is five (in the case of multiple births, each child qualifies)
  • adopting parents can take 13 weeks of parental leave up to five years following the placement or up to the child’s 18th birthday if that is sooner
  • parents of disabled children, who are entitled to disability living allowance, can take up to 18 weeks leave until the child’s eighteenth birthday and can take the leave in blocks of one day or more
  • parental leave can be added onto the end of maternity or adoption leave, if agreed by the employer
  • leave can be taken for up to 13 weeks in blocks of one or four weeks at any one time and no more than four weeks in any one year (differs for disabled parents, as above)

Eligibility for Parental Leave

The employee should:

  • have completed one year’s qualifying service with the employer
  • be the parent or have acquired formal parental responsibility under the Children Act 1989 or be the spouse or civil partner of the parent and have acquired formal parental responsibility or have adopted a child under the age of 18 years
  • give at least 21 days notice in writing of a request to take parental leave
  • be made aware that employers have the right to postpone leave for up to 6 months if it is not a suitable time (except for straight after a child is born or placed for adoption)
  • provide evidence, for instance the child’s date of birth or the date of adoption and placement of the child or the child’s entitlement to disability allowance

Payment during Parental Leave

  • there is currently no legal requirement to pay the employee during any period of Parental Leave

Employee Rights

  • normal terms and conditions of employment continue during the leave period (except for remuneration), although some rights may be suspended
  • the employee has the right not to be dismissed for taking parental leave
  • at the end of the parental leave the employee is entitled to return to work in the same job and on the same terms and conditions of employment

Keep in touch

  • employers are obliged to keep in touch with the employee during parental leave

 

A Personnel Solution

Parental Leave

 

APS Policy and Procedure

  • set out minimum statutory parental leave rights and essentially makes provision for the employer to have flexibility in managing the process
  • provides detailed action required by employee and employer

APS Letters

  • start at the commencement of notification by the employee of the request to take parental leave through to return to work
  • detail rights, notification, parental leave periods and return to work through the various stages, including notification that requests for parental leave have been postponed and parental leave record form
  • are laid out chronologically, making it easy to select a letter at any stage of the process with clear guidelines for completion

Clear and straightforward policy and procedure with supporting letters will help employees and managers follow the parental leave process and what is expected by each party!

APS.......avoid complaints to an

Employment Tribunal!

This information should only be used in conjunction with A Personnel Solution terms of use