Equality and Human Rights Commission

You have the right under the Employment Rights Act 1996 (as amended by the Employment Act 2002) to request flexible working if you fulfil certain conditions (the right to request procedure). Find out more in What the law says.

The Sex Discrimination Act enables men and women to challenge a refusal to allow them to work family friendly hours which would enable them to manage family responsibilities. This does not mean that there is an automatic right to change your working pattern. It does mean that you can challenge the refusal, or an imposed change of hours, if you can show that you have been a victim of unlawful sex or marriage discrimination.

Because of the way the law is constructed, men and women have to go about this in different ways:

• A woman could claim indirect sex or marriage discrimination if she wants some form of flexibility for her family responsibilities, and this is unjustifiably refused.
• A man could claim direct discrimination for his detrimental treatment if he could show that the employer would have allowed the request to a woman in his same situation and position.

Depending on the facts of your case, you may be able to bring a claim under other legislation in addition to the Sex Discrimination Act.

Parental leave

What is parental leave?

Parental leave is time off work to care for a child. At present the leave is unpaid.

Who can claim it?

Male and female employees can take parental leave if:

• they are the parent of a child who was born or adopted after 15 December 1994
• they have one year's continuous service

How long does parental leave last?

Each parent is entitled to 13 weeks' parental leave.

In the case of multiple births, parents are eligible for 13 weeks of parental leave for each child.

Parents of a disabled child are eligible for 18 weeks of parental leave.

When can parental leave be taken?

Parents of children born on or after 15 December 1999 must take their parental leave by the child's fifth birthday

Parents whose children were adopted on or after 15 December 1999 must take their parental leave within five years of the adoption, and before the child's 18th birthday.

Parents whose children were born or adopted before 15 December 1999 only became eligible for parental leave from 10 January 2002, and must take their parental leave within three years and three months of this date.

Parents of disabled children will be able to use their leave over a longer period, up until the child's 18th birthday

The employee remains employed while on parental leave, and some terms, such as contractual notice and redundancy terms will still apply. After parental leave the employee has the right to return to the same job where four weeks or less is taken, but if this is not possible where a longer period of leave has been taken, they have the right to a job of the same or better status, terms and conditions as the old job.

Workforce and collective agreements

Government is encouraging employers and unions to come to collective or workforce agreements on how they manage parental leave. Agreements can be more generous than the key elements summarised above but they cannot offer less. For example, a local scheme could:

• allow for employees to take parental leave in days, weeks, one long block or as reduced working hours, or a mixture of all of these;
• cover notice periods, or arrangements for postponing leave for pressing business reasons.

If there is no workforce or collective agreement, the default parental leave scheme set out below will apply. Collective or workforce agreements can set aside the fallback scheme and replace it with a different set of arrangements entirely.

Default parental leave scheme

The default scheme enables employees to take parental leave:

• in blocks or multiples of one week;
• after giving 21 days notice;
• up to a maximum of four weeks leave in a year;
• subject to postponement by the employer for up to 6 months where business cannot cope;
• but leave cannot be postponed when the employee gives notice to take it immediately after the time the child is born, or is placed with the family for adoption.

Parents of disabled children will have the flexibility to take leave a day at a time or longer if they wish. A disabled child is a child for whom disability living allowance is awarded.

Protection from detriment or dismissal

Employees will have the right to go to an employment tribunal if the employer prevents or attempts to prevent them from taking parental leave. An employee who takes parental leave will also be protected from victimisation, including dismissal, for taking it.

Time off for Dependants

What is time off for dependants?

It is a short period of absence from work to deal with family emergencies.

When does time off for dependants apply?

It can be taken by an employee when:

• a dependant falls ill or is injured;
• arrangements for caring for a dependant unexpectedly break down;
• a dependant gives birth;
• when a dependant dies; or
• to deal with an unexpected incident involving a dependent child during school hours or on a school trip.

This right applies to all employees, men and women, regardless of their hours of work and regardless of their length of service. This right to time off applies from the start of a job, and if an employee is dismissed for taking such time off they could have a claim of automatic unfair dismissal. If the employer unreasonably refuses a request for such time off  the employee may claim compensation.

Who counts as a dependant?

A dependant is defined as an employee's:

• parent;
• wife, husband, civil partner or partner;
• child;
• someone who lives as part of the family, for whom the employee is the main carer.

In the case of sickness or injury, or where care arrangements break down, a dependant may also be someone who reasonably relies on the employee for assistance.

Protection from detriment or dismissal

Employees, who feel they have been unreasonably refused time off, or subjected to detriment for taking  time off for dependants, may make a complaint to an employment tribunal.

It is unfair to be dismissed or selected for redundancy for taking, or seeking to take, time off under this right.

Paternity and Adoption Leave

Fathers have the right to two weeks paid paternity leave. The same right applies to a civil partner in the same situation.

Paid adoption leave is for the same period and at the same flat rate as statutory maternity pay starting from when the child is first placed in the family and is available to either parent.