Equality and Human Rights Commission

• Summary
• Parental Leave
• Time Off for Dependants
• Relevant legislation
• Model policy
• Business examples

Summary

An employee who has or expects to have responsibility for a child is entitled to take Parental Leave to care for that child. Both parents can take Parental Leave for each child they have. Also, all employees are entitled to take a reasonable amount of time off to deal with emergencies.

• Employees are entitled to 13 weeks' unpaid Parental Leave in respect of each child up to the child's 5th birthday.
• Where the child is disabled, an employee is entitled to take up to 18 weeks unpaid Parental Leave up to the child's 18th birthday.
• Parental Leave may also be taken where a child is adopted.
• Employees are entitled to take a reasonable amount of unpaid time off to deal with emergencies involving dependants. This leave is called Time Off for Dependants.
• Time Off for Dependants may also be taken where a child is adopted.
• You may wish to offer more generous provisions than the legal minimum.
• Fathers and same sex partners may be entitled to two weeks Statutory Paternity Leave.

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Parental Leave

The following sets out the legal rules governing Parental Leave which apply unless you have an agreement in place to the contrary. By putting in place an individual, workforce or collective agreement, you may offer more generous provisions than those provided by law. For example, you might offer pay during Parental Leave, or may take a more relaxed approach to the notice provisions or the amount of leave which can be taken by an employee, for example, allowing it to be taken in single days, not just blocks of a week.

An employee who has or expects to have responsibility for a child is entitled to take Parental Leave to care for that child. This includes the child's registered father or anyone else who has or expects to have formal parental responsibility for the child. To be eligible to take Parental Leave, an employee must have been employed by their current employer for at least one year.

Both parents can take Parental Leave for each child they have. 

Parental Leave consists of 13 weeks' unpaid leave or 18 weeks' unpaid leave if the child is disabled. It can be taken at any time up to the child's fifth birthday or up to the child's 18th birthday if the child is disabled. Up to four weeks' Parental Leave can be taken in respect of each child, each year, in blocks of one week or more. Employees cannot take the leave in blocks of less than one week, unless the child is disabled.

Where a child is adopted, an employee can take Parental Leave up to the fifth anniversary of the child's placement for adoption, or up to the child's 18th birthday if that is sooner. Parental Leave where a disabled child is adopted can be taken up to the child's 18th birthday.

An employee must give you 21 days' notice if they wish to take Parental Leave. They must specify when the leave is to start and finish. You may ask the employee for proof of parental responsibility and the child's date of birth or the date the child was placed for adoption. If an employee wishes to take Parental Leave immediately after the birth or adoption of a child, they must give at least 21 days' notice before the EWC or before the expected week of placement for adoption.

A request for Parental Leave cannot be refused where the request is to take leave for the birth of a baby or when a child is placed for adoption. At any other time, you may postpone the Parental Leave for up to six months, if you can show that the business would be unduly disrupted by the absence.

An employee may take Parental Leave immediately after Ordinary Maternity Leave or Additional Maternity Leave. They must follow the standard notice requirements.

If an employee has taken Parental Leave of four weeks or less, they have the right to return to exactly the same job they were doing before they were absent. If the employee has been on Parental Leave for more than four weeks, they are entitled to return to the same job they were doing before the absence, or if that is not reasonably practicable, they are entitled to return to a similar job which has the same or better status and terms and conditions as their old job. If Parental Leave is taken immediately before or after consecutive periods of Ordinary Maternity Leave or Additional Maternity Leave, this may affect an employee's return to work rights.

An employee does not need to give notice of their return to work from Parental Leave.

You must not dismiss an employee or subject them to a detriment because they took or sought to take Parental Leave. You should also not discriminate against an employee because they have taken Parental Leave.

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Time Off for Dependants

All employees are entitled to take a reasonable amount of time off to deal with certain prescribed emergencies involving certain dependants. This leave is called Time Off for Dependants. Time Off for Dependants can be taken, for example, if a dependant falls ill or is injured, if care arrangements break down, or to arrange or attend a dependant's funeral. A dependant is the child (including adopted child), husband, wife or parent of the employee. It also includes someone who lives in the same household as the employee, and someone who reasonably relies on the employee, such as an elderly relative.

There is no legal definition of what would be a reasonable amount of time off but the time taken must be necessary and reasonable in the particular circumstances. For example, the employee might take time off to deal with the immediate problem and make longer term arrangements but it is unlikely to be reasonable to take off any more time than that.

Time Off for Dependants is not paid, however you may decide to offer pay.

As Time Off for Dependants is for unforeseen circumstances, an employee does not need to give you advance warning.The employee must let you know the reason for the absence as soon as reasonably practicable and must tell you how long they think they will be absent.

You must not unreasonably refuse an employee the time off.

You must not subject the employee to a disadvantage or dismiss them for a reason connected with taking Time Off for Dependants.

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Relevant legislation

Parental leave

• Employment Rights Act 1996
• Employment Relations Act 1999
• Employment Act 2002
• Maternity and Parental Leave etc Regulations 1999

Time Off for Dependants

• Employment Rights Act 1996
• Employment Relations Act 1999

Please note that some of the legislation listed above has been amended since it originally came into force. You must ensure, therefore, that you refer to the most recent version.

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Model policy

This toolkit contains a model flexible working policy and parental leave policy.

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Business examples

• Martin Stockley Associates

We also have further case studies from our Working Better guide on managing flexible working.

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