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Parental Leave

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Parental Leave

SECTION GUIDE

What is Parental Leave?

Parental leave is a statutory right in the UK that allows eligible employees to take unpaid time off work to look after their child or make arrangements for their welfare. It is separate from maternity leave, paternity leave, and shared parental leave, and is designed to give parents flexibility to care for their children beyond the immediate period following birth or adoption.

What does Parental Leave mean in HR?

In HR terms, parental leave forms part of the UK’s family-friendly employment framework, alongside rights such as maternity, paternity, adoption, shared parental leave, and time off for dependants.

Key points under UK law (Employment Rights Act 1996, amended by the Maternity and Parental Leave Regulations 1999):

  • Eligibility – Employees must have at least one year of continuous service with their employer.
  • Entitlement – Up to 18 weeks of unpaid leave per child, up to their 18th birthday.
  • Usage – Leave is usually limited to 4 weeks per child per year, unless the employer agrees otherwise.
  • Applicability – Leave applies to each child, not per parent (e.g., twins entitle a parent to 36 weeks total).
  • Notice requirements – Employees must provide 21 days’ notice before the leave is due to start.

Employers must ensure policies align with these statutory rules, while many go further by offering enhanced parental leave as part of their benefits package.

  • Why does Parental Leave matter for your business?

    If parental leave is not managed properly, businesses risk:

    • Tribunal claims for failing to honour statutory rights.
    • Employee disengagement if parents feel unsupported or discriminated against.
    • Reputational damage that affects employer branding and recruitment.

    When handled well, parental leave:

    • Supports diversity and inclusion by ensuring parents have equal opportunities at work.
    • Improves employee retention as staff feel valued during important life stages.
    • Builds trust between employer and employees through transparent, supportive policies.
    • Reduces absenteeism by allowing parents to plan childcare more effectively.

    For SMEs, being proactive about parental leave can make a big difference in attracting and retaining talent in a competitive market.

  • Parental Leave – best practices for employers

    To manage parental leave effectively, employers should:

    Have a clear parental leave policy

    • Outline eligibility, notice periods, entitlements, and how leave should be requested.

    Train managers

    • Ensure line managers understand the law and handle requests fairly and sensitively.

    Be flexible

    • Where possible, allow leave to be taken in blocks or days, not just full weeks, to help employees balance childcare needs.

    Go beyond the statutory minimum

    • Consider offering enhanced parental leave (paid or extended entitlement) as part of your benefits package.

    Maintain communication

    • Keep in touch with employees during and after leave to support their return to work.

    Promote equality

    • Apply parental leave policies fairly to all parents, including adoptive parents and same-sex couples.

    impact HR can support your business in creating family-friendly policies, ensuring compliance, and fostering a workplace culture where parents feel supported.

What should be in a Parental Leave Policy?

A well-drafted parental leave policy gives employees clarity while protecting your business from risk. It should cover both statutory entitlements and any enhanced benefits you choose to offer. Key elements to include are:

  • Eligibility

    Set out clearly who qualifies for parental leave. Under UK law, employees must have at least one year of continuous service and legal parental responsibility for the child. Stating this up front avoids confusion and ensures only eligible employees make requests.

  • Entitlement and Duration

    Confirm the statutory right of up to 18 weeks of unpaid parental leave per child, which can be used at any time before the child’s 18th birthday. If your organisation offers enhanced benefits, such as paid parental leave or more flexible leave options, highlight these clearly in the policy.

  • Notice Requirements

    Outline how and when employees need to request leave. The law requires 21 days’ notice, but your policy should also specify whether requests must be made in writing, and who within the business should receive them (e.g., line manager, HR).

  • Request Process

    Provide a step-by-step guide on how to apply for parental leave. This should include submitting a formal request, manager approval, confirmation from HR, and the expected timeline for responses. Having a transparent process ensures consistency and fairness.

  • Employer Rights

    Explain that while employees have a statutory right to parental leave, employers can postpone leave for genuine business reasons if necessary (except immediately after birth or adoption). The policy should describe how postponement decisions will be communicated and what alternatives may be offered.

  • impact on Employment

    Reassure employees that their job is protected while they are on parental leave. Make it clear that continuity of service will be maintained, statutory annual leave continues to accrue, and pension contributions or other contractual benefits will be preserved in line with legislation.

  • Return-to-Work Arrangements

    Provide details of how employees will be supported on their return, including options for phased returns, flexible working requests, or catch-up meetings with their manager. This helps to reduce anxiety and improve employee engagement when coming back to work.

  • Equality and Inclusion

    State explicitly that the policy applies equally to all parents, including adoptive parents, same-sex couples, and guardians with parental responsibility. A commitment to non-discrimination demonstrates your business’s support for diversity and inclusion.

  • Communication

    Encourage open and supportive communication during parental leave. This can include keeping-in-touch (KIT) days, regular check-ins, or informal updates to help employees feel connected and supported, while also preparing for a smoother return to work.

Your Questions Answered

FAQs on Parental Leave

  • Can both parents take parental leave?Reveal

    Yes – each parent with qualifying service can take up to 18 weeks per child.

  • Can parental leave be taken in days instead of weeks?Reveal

    The law sets leave in week blocks, but employers can agree to more flexible arrangements.

  • Is parental leave different from paternity leave?Reveal

    Yes – paternity leave is a separate entitlement, usually taken immediately after birth or adoption. Parental leave can be used anytime up to the child’s 18th birthday.

  • How much parental leave can an employee take?Reveal

    Up to 18 weeks per child, usually capped at 4 weeks per year unless otherwise agreed.

  • Is parental leave paid?Reveal

    No, statutory parental leave is unpaid, although some employers offer enhanced paid parental leave as a benefit.

  • Who is eligible for parental leave in the UK?Reveal

    Employees with at least 1 year’s continuous service, who have legal parental responsibility for a child.

  • Do family friendly policies only apply to parents?Reveal

    No. Time off for dependants applies to caring for spouses, civil partners, parents, and others who rely on the employee.

  • What is shared parental leave?Reveal

    Allows parents to share up to 50 weeks’ leave and 37 weeks’ pay.

  • How much paternity leave is available?Reveal

    Up to 2 weeks, now available in two blocks (from April 2024).

Where to find out more A collection of hand-picked useful resources in relation to Parental Leave from impact HR and beyond

Need support with managing Parental Leave?

Whether you’re updating HR policies, training managers, or handling complex employee issues, impact HR can help you stay compliant, confident, and in control. Request a callback to see how we can support your business.

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