Parental Leave UK: Employer's Guide

Parental leave gives employees time off to care for their children. It's separate from maternity, paternity, and shared parental leave - and it's unpaid.

What is Parental Leave?

Statutory parental leave is:

• 18 weeks per child
• Unpaid (no statutory pay)
• Available until child turns 18
• Must be taken in blocks of 1 week (unless disabled child)
• Maximum 4 weeks per year per child

It's designed for spending time with children, not specifically for childcare emergencies (that's time off for dependants).

Who is Entitled?

Employees qualify if they:

• Have 1 year's continuous service
• Have parental responsibility for the child
• Are taking leave to care for the child

Parental responsibility means:

• Biological parents named on birth certificate
• Adoptive parents
• People with formal parental responsibility (court order, etc.)

How Much Leave?

Entitlement	Amount
Total per child	18 weeks
Maximum per year	4 weeks per child
Minimum block	1 week (exceptions for disabled children)
Until child's age	18 years

If you have twins: 18 weeks per child (36 weeks total).

If you change employer: The entitlement follows the employee, minus any leave already taken.

The Default Scheme

Unless you have a workforce or collective agreement, the default rules apply:

Notice Requirements

Employees must give 21 days' notice specifying:

• Start and end dates
• Which child the leave is for

Blocks of Leave

• Must be taken in complete weeks
• Odd days off count as full weeks
• Exception: Parents of disabled children can take individual days

Your Right to Postpone

You can postpone leave for up to 6 months if:

• It would cause significant business disruption
• You give written notice within 7 days of the request
• You specify alternative dates

You cannot postpone:

• Leave requested for immediately after birth
• Leave requested for immediately after adoption placement

Evidence

You can ask for:

• Evidence of parental responsibility (birth certificate, adoption papers)
• Evidence of child's date of birth

Handling a Request

Step 1: Check Eligibility

• 1 year's continuous service?
• Parental responsibility?
• Leave remaining (check previous employer records)?

Step 2: Consider the Request

• When do they want to take it?
• Would it cause significant disruption?
• Can you accommodate it?

Step 3: Respond

If agreeing: Confirm dates in writing.

If postponing:

• Give written notice within 7 days
• Explain why postponement is necessary
• Offer alternative dates within 6 months
• The new dates must allow the same amount of leave

Step 4: Record Keeping

Track:

• Leave taken
• Leave remaining
• Dates and duration

Employment Rights During Parental Leave

Protected Rights

During parental leave, employees retain:

• Continuity of employment
• Contractual benefits (unless they require attendance)
• Right to return to same job (if 4 weeks or less)

On Return

After 4 weeks or less: Right to return to exactly the same job.

After more than 4 weeks: Right to return to same job, or if not reasonably practicable, a similar job on no less favourable terms.

Combined with other leave: If parental leave follows maternity/adoption leave, the same return rules apply as for the earlier leave.

Parental Leave vs Other Leave Types

Leave Type	Paid?	Duration	Purpose
Parental leave	No	18 weeks per child	Caring for child
Maternity leave	Yes (SMP)	52 weeks	Birth and recovery
Paternity leave	Yes (SPP)	2 weeks	Birth/adoption
Shared parental leave	Yes (ShPP)	Up to 50 weeks	Shared caring
Time off for dependants	No	Reasonable	Emergencies

Practical Considerations

Planning for Absence

• Cross-train team members
• Consider temporary cover for longer blocks
• Plan workload around known leave dates

Communication

• Be clear about the unpaid nature
• Explain the notice requirements
• Help employees understand their options

Record Keeping

Maintain records of:

• Requests received
• Leave approved and dates
• Running total of leave taken
• Any postponements and reasons

Common Questions

Can they take odd days?

Only if your child has a disability. Otherwise, any day taken counts as a full week.

What if they've used leave with a previous employer?

The 18-week entitlement is per child, not per employer. You can ask new employees to sign a declaration of leave already taken.

Can they take leave to go on holiday?

The leave is for caring for the child. While you can't police how they spend it, it's intended for parenting purposes.

What about agency workers?

Agency workers don't have the statutory right to parental leave (they're not employees). But check their specific arrangements.

Can they work for someone else during parental leave?

Not recommended. They're supposed to be caring for their child. It could raise conduct issues.

Enhanced Parental Leave

Some employers offer:

• Paid parental leave
• More than 18 weeks
• Different notice requirements
• More flexibility on how leave is taken

If you offer enhanced terms, document them clearly in your parental leave policy.

Discrimination Considerations

Refusing or discouraging parental leave could be:

• Sex discrimination (often mothers who request)
• Associative disability discrimination (if related to caring for disabled child)
• Detriment for asserting statutory right

Handle all requests fairly and consistently.

Policy Checklist

Your parental leave policy should cover:

1. Who is eligible
2. Amount of leave available
3. Notice requirements
4. How to request leave
5. When you might postpone
6. Evidence you may request
7. Employment rights during leave
8. Return to work arrangements
9. Record keeping
10. Enhanced provisions (if any)