The rules surrounding parental leave are changing

From 8 March 2013, unpaid parental leave will increase from 13 weeks to 18 weeks. Under this legislation, eligible employees have the right to take up this leave during the first 5 years of their child’s life or, in the case of an adopted child, up to the 5th anniversary of the adoption or the child’s 18th birthday – whichever is sooner.

In order to qualify for parental leave employees must have at least 12 months continuous service and:

1. be the parent (named on birth certificate) of the relevant child, or
2. have acquired formal parental responsibility under the Children’s Act 1989, or
3. be the spouse or civil partner of one of the parents of a child under 5 years old and have acquired formal parental responsibility for the child, or
4. have adopted a child under 18

The employee must also:

• produce evidence relating to their responsibility for the child and the child’s date of birth (or date of adoption) if asked for;
• provide at least 21 day’s notice of the date on which they wish a period of parental leave to begin (which may be postponed by the employer)

Parental leave must be taken in blocks of 1 week and no more than 4 weeks may be taken in any one year in respect of any individual relevant child.

The Company may postpone parental leave if it considers that the operation of the business would be unduly interrupted if the leave were to be taken on the dates requested. If this is the case you then they should be notified within 7 days of submitting their request along with alternative dates between which they could take the leave.

It is advised that you set out the rules surrounding the right to parental leave – which must at the very least comply with the law - in your staff handbook.