Parental leave
Working parents who are employees are entitled to unpaid parental leave. The minimum statutory criteria are set out below:
• For each child, up to four weeks per year, capped at 18 weeks, to be used within the first five years of the child’s life. This entitlement increased from 13 weeks on 8 March 2013.
• For adopted children the amount is 18 weeks, lasting up to their 18th birthday or 5th anniversary of adoption, whichever occurs first. This increased from 13 weeks on 8 March 2013.
• For each child who qualifies for disability living allowance, up to 18 weeks up to the child’s 18th birthday.
Leave must be taken in blocks of one week, unless the child is disabled or the employer agrees otherwise. A “week” is the individual’s normal working week. The leave is available to each parent and each child.
To qualify for statutory parental leave, the individual must be:
• An employee (not an agency worker or self-employed);
• With at least one year’s service;
• Have (or expect to have) parental responsibility; and
• Give at least 21 days’ notice.
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.
An employee who requested a day’s parental leave to look after his son and was subsequently disciplined for taking the leave after receiving no response was not covered by the parental leave regulations. The Court of Appeal held that since the regulations only gave the right to leave in blocks of a week, his request for a day’s leave could not have been made under them
Rodway v South Central Trains ([2005] IRLR 583
Relevant law: Maternity and Parental Leave Regulations 1999; Parental Leave (EU Directive) Regulations 2013