Navigating the intricate landscape of parental leave can be a formidable task for working parents, and employers in the UK. This guide delves into the multifaceted types of paid and unpaid parental leave available, providing a thorough understanding of each option so that as employers, you can manage these requests appropriately.
Eligibility: Maternity leave is available to pregnant employees who have been employed continuously for at least 26 weeks by the 15th week before the expected week of childbirth.
Duration: Eligible employees can take up to 52 weeks of maternity leave, which is divided into Ordinary Maternity Leave (OML) for the first 26 weeks and Additional Maternity Leave (AML) for the subsequent 26 weeks.
Pay: Statutory Maternity Pay (SMP) is provided for up to 39 weeks. The first 6 weeks are paid at 90% of the employee’s average weekly earnings (AWE) before tax, and the remaining 33 weeks are paid at either £172.48 per week or 90% of the AWE, whichever is lower. Employers may offer enhanced maternity pay, which surpasses the statutory minimum.
Eligibility: Paternity leave is available to fathers or partners of the mother/adopter, provided they have been employed continuously for at least 26 weeks by the end of the 15th week before the expected week of childbirth or adoption.
Duration: Eligible employees can take up to 2 consecutive weeks of paternity leave, which must be taken within 56 days of the birth or adoption.
Pay: Statutory Paternity Pay (SPP) is either £172.48 per week or 90% of the employee’s AWE (average weekly earnings), whichever is lower. Similar to maternity pay, some employers may offer enhanced paternity pay.
Eligibility: Shared Parental Leave (SPL) is available to both parents if they meet certain employment and earnings criteria. This option allows parents to share leave and pay following the birth or adoption of a child.
Duration: Parents can share up to 50 weeks of leave and 37 weeks of pay. SPL can be taken in blocks separated by periods of work, or all at once.
Pay: Shared Parental Pay (ShPP) is paid at the same rate as SMP and SPP, which is £172.48 per week or 90% of the employee’s AWE, whichever is lower. This flexibility enables parents to tailor their leave to suit their family’s needs.
Eligibility: Adoption leave is available to individuals adopting a child, provided they have been employed continuously for at least 26 weeks by the end of the week in which they are notified of being matched with a child.
Duration: Eligible employees can take up to 52 weeks of adoption leave, mirroring the structure of maternity leave with OML and AML.
Pay: Statutory Adoption Pay (SAP) follows the same payment structure as SMP, with the first 6 weeks paid at 90% of the employee’s AWE and the remaining 33 weeks at £172.48 per week or 90% of the AWE, whichever is lower. Enhanced adoption pay may also be offered by some employers.
Eligibility: Unpaid parental leave is available to parents who have at least one year of continuous service with their employer and have or expect to have parental responsibility for a child.
Duration: Parents can take up to 18 weeks of unpaid leave per child, which can be taken at any time before the child’s 18th birthday. This leave is typically taken in blocks of one week, with a maximum of 4 weeks per year per child.
Conditions: Employers may require a minimum notice period and have the right to postpone leave for up to 6 months if it would disrupt the business.
Eligibility: Under the Carer’s Leave Act 2023, anyone who is legally classed as an employee can take time off to help a dependant who needs long-term care. This is a day-one right for employees.
Duration: Employees can take up to 1 week of carer’s leave every 12 months.
They can choose to take leave as:
Conditions: Employees must give their employer reasonable notice of their requirement to take carers leave. This is typically double the duration of the leave required. For example, if the employee needs to take 4 days, then they should give their employer 8 days’ notice of the request.
Employers cannot deny a request for carer’s leave, but they may ask the employee to take it at a different time if the absence would cause significant disruption to the organisation. If the employer needs to postpone the leave, they must:
If a situation arises where an employee needs to cancel their carer’s leave request, they should do so as soon as possible. While it is good practice for the employer to consider this, they are not obligated to agree to the cancellation.
Eligibility: By law, anyone legally classed as an employee can take time off to help a dependant with an emergency. The law is the Employment Rights Act 1996. A dependant is defined as a close family member or someone who depends on you.
An emergency could include:
Duration: The law does not specify the exact amount of time an employee can take off or the number of occasions. It simply states that the time off should be ‘reasonable’. Employers are expected to be as accommodating as possible, considering the employee’s specific situation. The required time off will vary based on the circumstances.
Annual Leave: Employees are legally entitled to 5.6 weeks of statutory paid holiday each year. This may include bank holidays, so employees should check their contracts for details. The amount of leave depends on individual circumstances, such as working hours and employment contracts.
Flexible Working Requests: Parents have the right to request changes to their work schedule to better accommodate childcare needs. This can include options like part-time work, job sharing, or flexible hours. Employers must consider these requests and can only refuse them for valid business reasons.
Understanding the diverse types of parental leave available is crucial for working parents in the UK to make informed decisions about balancing work and family life. Whether leveraging paid leave options or planning for unpaid leave, knowing your rights and entitlements empowers parents to navigate this complex landscape effectively. It is crucial that employers understand the eligibility, processes and conditions in managing these requests.
To find out more information or if you require support understanding different types of parental leave get in contact with our team of experts.
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