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Giving notice

You must give at least 21 days' notice when you want to take parental leave. If you wish to take parental leave immediately after the birth or adoption of your child you should give notice 21 days before the beginning of the expected week of childbirth or placement. In cases where this may not be possible, (for example if your child is born prematurely or where less than 21 days' notice is given that your child is to be placed with you for adoption) you should give notice to your employer as soon as possible.

Provided that you have given the correct notice, your parental leave can start on the day your child is born or placed, regardless of whether that is earlier or later than the date you gave your employer.

To help your employer, it's best to give your notice in writing. As long as you qualify for parental leave and give your employer the correct notice you are able to take parental leave at any time.

Your employer could ask for evidence that you are entitled to parental leave, this could be:

• your child’s birth certificate
• papers confirming your child’s adoption or the date of placement in adoption cases
• the award of disability living allowance for your child
  

Can your employer postpone your leave?

Unless you want to take parental leave immediately after the birth or adoption, your employer can postpone your leave for up to six months if they feel it would disrupt the business. Reasonable grounds for your employer to postpone your leave could include:

• the period that you apply for is at a seasonal peak
• if a significant proportion of the workforce has applied for parental leave at the same time
• if your role is such that your absence at a particular time would unduly harm the business

Your employer should discuss this with you and confirm the postponement arrangements in writing no later than seven days after you apply for the leave. Your employer should state the reason for the postponement and set out the new dates of your parental leave, as agreed with you. The length of leave you are given should be equivalent to the amount you applied for.

If the postponement goes past the end of the entitlement period, you can still take the leave.

Carrying over leave

If you get a new job, you can carry over untaken parental leave. You won't be able to take leave until you've been with your new employer for a year.

Payment for leave

Statutory parental leave is unpaid, but if you're on a low income, you might get Income Support.

• Income Suppport (money, tax and benefits)

If you are paid bonuses as part of your contract and a bonus is due to be paid during your parental leave, you should check your terms and conditions of the bonus scheme and if necessary seek independent legal advice on whether you are entitled to the bonus. As a general rule:

• if the bonus relates to performance or work already done prior to your parental leave you would generally be entitled
• if the bonus is a reward of future work or performance, during a period when you will be absent on parental leave you would be unlikely to be entitled

What to do if you're not allowed to take parental leave

If you have the right to take parental leave and are refused, talk to your employer or the company's human resource department about the reasons. If you have an employee representative (for example, a trade union official), they may be able to help. If this doesn't work, you may need to make a complaint using your employer's internal grievance procedure. If you're still unhappy, you have the right to make a complaint to an Employment Tribunal.

• How to resolve a problem at work

• Joining a trade union

During parental leave and returning to work

During parental leave your contract continues unless ended by you or your employer. You are entitled to all your statutory employment benefits, but some contractual rights and benefits can be suspended. For example, you will continue to accrue your statutory holiday allowance, but you do not have the right to accrue any additional contractual holiday entitlement unless you have agreed this with your employer.

• Holiday entitlements: the basics

Your seniority and pension rights are unaffected by parental leave and your rights on return from parental leave should be the same as they would have been if you had not been absent.

If you are on parental leave you should be treated the same as any other employee if a redundancy situation arises. This includes the right to be informed and consulted about the redundancy and consideration for any other job.

• Employee information and consultation rights

Your employer cannot select you for redundancy because you are taking, have requested to take, or have taken parental leave.

• Your rights if made redundant

As long as the leave is for less than four weeks you'll be able to go back to the same job. You should also benefit from any improvements in employment terms and conditions, for example if there has been a general pay rise. 

If your leave is for longer than four weeks then you are entitled to return to the same job, or if that is not possible a similar job with the same or better status and terms and conditions as the old job. Your employer mustn't treat you unfairly or sack you for taking or asking to take parental leave.

• Unfair dismissal

• Discrimination at work

More useful links

• Maternity leave

• Paternity leave and pay

• Time off for dependants (compassionate leave)

• Adoption leave and pay

• Advice for employers on parental leave and time off for dependants from Business Link Opens new window