Employee Rights - Paternal Leave

Parental leave gives the right to Parents to take unpaid time off to look after their children.

Rights Returning to Work Parental Leave Agreements The fallback scheme Record keeping

Rights All parents are allowed up to thirteen weeks unpaid Parental Leave, which has been increased to eighteen weeks in the case of a disabled child. This leave can be taken at any time up until the child's fifth birthday (or until five years have elapsed following placement in the case of adoption). Parents of disabled children will be able to use their eighteen week's leave up until the child's 18th birthday. The employee will remain employed while on parental leave. Existing terms such as contractual notice and redundancy terms will still apply. To qualify for the leave, the employee must have been continuously for a period of 1 year. They must also have, or expect to have, responsibility for a child.

Returning to Work At the end of parental leave an employee is guaranteed the right to return to the same job as before, or if that is not practicable, a similar job which has the same or better status and conditions as the old job. If the leave is taken for 4 weeks or less, the employee will be entitled to go back to the same job.

Parental Leave Agreements Wherever possible, employers and employees should make their own agreements as to how parental leave will work. This could be on an individual basis or through collective agreements. Agreements can improve on the basic details, but not offer less e.g. the agreement must offer 13/18 weeks leave, in whatever form. The agreements can also cover matters such as notice for the leave and arrangement for postponing the leave (for example where a business cannot cope without an employee). The agreements can also cover how it can be taken - in what size periods for example.

The fallback scheme If no agreement can be agreed between employers and employees, the Government have set in place a fallback scheme. The rules of the fallback scheme are:

employees can take parental leave in blocks of one week 21 days notice is required of taking the leave a maximum of four weeks may be taken in any one year the employer can postpone the leave for up to six months where the business cannot cope but leave cannot be postponed when the employee gives notice to take it immediately after the child is born or place with a family for adoption parents of disabled children will have the flexibility to take leave a day at a time or longer if they wish

Record keeping Employers are not required to keep statutory records of parental leave, although many will do so for their own records. If an employee changes jobs the new employer will be free to enquire as to the leave taken at previous employers or to seek a declaration from the employee on the amount of leave taken. An employee will be protected from victimisation for taking parental leave, and can go to an Employment Tribunal if the employer prevents them taking it.