Does the statutory fallback position on taking ordinary parental leave vary where the child in question is disabled?

Yes, the statutory fallback position provides that an employee may not take ordinary parental leave in periods other than a week or multiples of a week, except where the child in question is entitled to disability living allowance or personal independence payment, in which case the employee may take it a day at a time or in multiples of a day. In either case, an employee is limited to taking four weeks' ordinary parental leave in one year.

The statutory fallback position applies where an employee's contract does not include an agreement on arrangements for ordinary parental leave or incorporate a workforce or collective agreement.