Unpaid parental leave 


Working parents who are employees are entitled to unpaid parental leave. The minimum statutory criteria are set out below. This statutory framework applies by default if nothing else has been agreed, but it will be replaced by any negotiated improvements. Unpaid parental leave is in addition to the other parental rights to time off described in this Chapter. 


Here is the statutory minimum allocation of unpaid parental leave: 


• for each child, up to four weeks per year, capped at 18 weeks, to be used at any time up to age 18. (This increased to age 18 on 5 April 2015. Prior to that date, the cut off was age five); 


• for adopted children, up to four weeks per year, capped at 18 weeks, to be used at any time up to age 18. (This changed on 5 April 2015. Prior to that date, the cut-off was the child’s 18th birthday or the fifth anniversary of adoption, whichever happened first); 


• for each child who qualifies for disability living allowance, up to 18 weeks up to the child’s 18th birthday. 


The leave is available to each parent and each child. Leave must be taken in blocks of one week, unless the child is disabled or the employer agrees something different. A “week” is the individual’s normal working week:


To qualify for unpaid statutory parental leave, the individual must be:


• an employee with at least one year’s service;


• have (or expect to have) parental responsibility; and


• give at least 21 days’ notice. 


Under the statutory scheme, the employer can make the employee postpone the leave for up to six months where taking it would cause undue disruption to the business, except where leave is requested immediately after the child’s birth. However, the employer is not entitled to prevent the leave being taken at all.