Updating author: Marc Meryon

On this page:
Summary
Future developments
Action point checklist
Key references
Questions and answers
The right to parental leave
Disenfranchised parents
Evidence of parenthood
Procedures for taking parental leave
The fallback parental leave scheme
Records
Employee rights and obligations during parental leave
Refusal to grant parental leave
Return to work after parental leave
Dismissal and victimisation

Summary

3.1024

• The employed parents of a child under the age of five each have the legal right to take up to 13 weeks' unpaid parental leave until the child's fifth birthday. (See 3.1026 The right to parental leave)
• The employed parents of a child placed with them for adoption each have the legal right to take up to 13 weeks' unpaid parental leave until the fifth anniversary of the adoption or until the child's 18^th birthday, whichever occurs sooner. (See 3.1026 The right to parental leave)
• The parents or adoptive parents of a child who has been awarded disability living allowance are each entitled to take up to 18 weeks' parental leave until the child's 18^th birthday. (See 3.1026The right to parental leave)
• The right to parental leave arises in respect of each child. (See 3.1026 The right to parental leave)
• To qualify for parental leave, an employee must have completed at least one year's continuous service with the employer. (See 3.1026 The right to parental leave)
• Employers are free to agree their own parental leave procedures with their workforce. (See 3.1029 Procedures for taking parental leave)
• If there is no agreement concerning parental leave, a "fallback scheme" applies. (See 3.1030 The fallback parental leave scheme)
• When presented with a request for parental leave, an employer may insist on documentary evidence of parenthood or parental responsibility. (See 3.1028 Evidence of parenthood)
• There is no obligation on employers to maintain records of parental leave taken. (See 3.1031 Records)
• Generally speaking, a parent returning to work after a period of parental leave has the right to do so in the job that he or she occupied when that period of parental leave began. (See 3.1034 Return to work after parental leave)

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Future developments

3.1025 In June 2009, the European social partners agreed to increase the minimum parental leave entitlement from three to four months. In July 2009, the European Commission issued a draft Directive, which was subsequently approved by the European Council in December 2009.