Taking your parental leave
If you qualify for parental leave, you need to decide how long you want to take and apply to take this leave. Your employer could postpone your request but only on very specific grounds.
Parental leave arrangements
Employers and employees should make their own agreements about how parental leave will work in a workplace. There are rules about qualifying for and taking parental leave. Your workplace agreement cannot be less favourable than the rules allow.
Giving your employer notice
You must give your employer 21 days’ notice of when you want to begin your parental leave. Your employer can ask for written notice. If you qualify for parental leave and give your employer notice, you should be able to take parental leave at any time.
To take parental leave after the child's birth or adoption, you should give notice 21 days before the beginning of the expected week of childbirth or placement.
If your child is born prematurely or you get less than 21 days' notice that your child is to be placed with you for adoption, you should give your employer notice as soon as possible .
If you have given the required notice, your parental leave can start on the day your child is born or placed, even if that is earlier or later than the date you gave your employer.
Your employer can accept less than 21 days' notice.
One week blocks
You must take your leave in blocks of full weeks. A week is based on your usual working pattern. If you only work Mondays and Tuesdays, a week would be two days or if you work Monday to Friday, a week would be five days.
If your child has a disability, you can take time off in blocks of less than a week, so you could use parental leave for regular hospital visits.
If your child is not disabled, your employer may still let you take parental leave in shorter blocks if they wish. If not and you want time off in odd days, for example to take your child to the dentist, you should ask your employer if you can work flexibly or use your holiday allowance.
Four weeks per year
Each parent can't take more than four weeks' leave for any one child in a year.
A year starts when you become eligible for parental leave. This is either when you have worked for your employer continuously for one year or when your child is born, if this date is later.
Your employer can let you take a longer period of parental leave each year if they wish.
Pay during parental leave
Legal parental leave is unpaid, but check your employment contract - your employer might offer you pay. If you are on a low income, you might get Income Support.
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. You might need legal advice about your entitlement to the bonus. If the bonus:
- relates to performance or work already done before your parental leave, you would generally be entitled
- is a reward of future work or performance when you will be absent on parental leave, you would be unlikely to be entitled
If your employer postpones your leave
Unless you want to take parental leave 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 include:
- the period that you apply for is at a seasonal peak
- many workers applied for parental leave at the same time
- 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 give 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 equal to the amount you applied for.
If the postponement goes past the end of your entitlement period (for example, after your child's 18th birthday), you can still take the leave.
Carrying over leave
If you get a new job with the same employer, you may be able to carry over untaken parental leave.
Time off for emergencies
All employees have a right to a reasonable amount of unpaid time off to deal with certain emergencies involving their family. For example, a child falling ill, a breakdown in childcare arrangements or a problem at a child’s school.
You don't have to give notice for this emergency leave. But you will need to tell your employer as soon as you can what the problem is and when you expect to be back at work.