Postponement of parental leave

In some cases, an employer might respond to a request to take paternity leave by suggesting an alternative date and postponing it for up to six months. In this case, the employer will need to write to the employee within seven days and without changing the amount of leave requested. Parental leave cannot be postponed where the request for leave is immediately after the child’s birth.

To prevent employers from using this provision to deter employees from taking parental leave, it may help to clarify the circumstances under which leave might be postponed.

An employer cannot postpone a request for parental leave without a valid reason or because the request is being made by a father or partner. Also, parental leave cannot be postponed by an employer where the timing would take the request beyond the child’s fifth birthday which would, under current rules, prevent the employee from being entitled to it.

If an employee is worried about an employer unreasonably refusing parental leave they should contact their union rep for further advice about bringing a claim at the employment tribunal.