Parental Leave

The Maternity and Parental Leave Regulations 1999 allows employees who have been continuously employed for one year to take unpaid leave of up to 13 weeks for a full time worker, (18 weeks in respect of a child with a disability), to enable them to care for a child for whom they have parental responsibility. Parental leave can be taken in addition to any adoption, maternity or paternity leave, and can generally only be taken up until the child's fifth birthday, although there are some exceptions to this rule for example where a child has a disability or is adopted before the age of 18.

Employers are entitled to make their own arrangements as to how the parental leave provisions are to apply and can be more generous than the default scheme which will apply in the absence of an employer's own scheme.

In brief outline, employees must, if requested, provide evidence of their entitlement to leave.

At least 21 days notice must be given by the employee to the employer stating the proposed start and end date of the parental leave. Employee's who are expectant fathers or an adoptive parent who wishes to commence leave on the date of birth or placement needs to provide at least 21 days notice of the expected week of confinement or the expected week of placement and the proposed duration of leave required.

An employee can take no more than 4 weeks leave in respect of each child during the particular year.

An employer is entitled to postpone leave for up to six months if he considers that in taking leave at the time proposed by the employee it will cause disruption. The employer must notify the employee of his decision no later than seven days after the employee has given him notice of his proposed leave date.

As an employee, you should be aware that if you feel that you have had parental leave unreasonably denied or postponed, suffered a detriment or been unfairly dismissed as a result of requesting or taking parental leave, you are not obliged to take the matter through the company's internal grievance procedure, before commencing a claim in the Employment Tribunal.

There are strict time limits for commencing claims in the Employment Tribunal and Courts.

If you believe you have a claim, please complete our Free Claim Assessment Form online now. We will then respond to you usually within 48 working hours, including a free initial assessment of your claim.

Alternatively, you can download the free claim assessment form and send it to net employment solicitors on the address on our contact page.