Geoffrey Caesar, Solicitor

In this blog post, I will provide an overview of the main types of leave available for parents and carers in England.

Maternity leave

Maternity leave is the period that a pregnant woman can take off work before and after the birth of her child. Part II of the Maternity and Parental Leave etc. Regulations 1999 provides that a woman is entitled to 26 weeks of ordinary maternity leave and 26 weeks of additional maternity leave, regardless of how long she has worked for her employer or how many hours she works per week. This means that she can take up to 52 weeks of maternity leave.

A woman does not have to take 52 weeks but must take 2 weeks’ leave after childbirth, or 4 weeks if working in a factory).

The earliest a woman can start maternity leave is 11 weeks before the expected week of childbirth. She must notify her employer at least 15 weeks before the due date of her intention to take maternity leave, the expected week of childbirth and the date she wants to start her leave. She can change the start date of her leave as long as she gives her employer at least 28 days’ notice.

During maternity leave, a woman can receive statutory maternity pay for up to 39 weeks if she meets specific eligibility criteria. Statutory maternity pay is paid at 90% of her average weekly earnings for the first six weeks and then at £172.48 per week or 90% of her average weekly earnings (whichever is lower) for the remaining 33 weeks. Some employers may offer enhanced maternity pay schemes more generous than the statutory minimum.

A woman also has the right to return to the same job after maternity leave or a suitable alternative job if that is not possible. She is protected from unfair dismissal, discrimination and detriment because of her pregnancy or maternity leave.

Paternity leave

Paternity leave is the period that a father or partner of a pregnant woman can take off work to support her or care for the child. Under Part 2 of the Paternity and Adoption Leave Regulations 2002, a man is entitled to one or two weeks of paid paternity leave if he meets specific eligibility criteria. These include being the child’s biological father or the mother’s partner, having or expecting to have responsibility for the child’s upbringing, being an employee and having worked for the same employer for at least 26 weeks by the end of the 15th week before the due date.

The earliest a man can start his paternity leave is the date of the child’s birth. He must notify his employer at least 15 weeks before the due date of his intention to take paternity leave, the expected week of childbirth and whether he wants one or two weeks of leave. He can change the start date of his leave as long as he gives at least 28 days’ notice to his employer.

A man can receive statutory paternity pay if he meets specific eligibility criteria during paternity leave. Statutory paternity pay is paid at £172.48 per week or 90% of his average weekly earnings (whichever is lower). Some employers may offer enhanced paternity pay schemes that are more generous than the statutory minimum.

A man also has the right to return to the same job after paternity leave or a suitable alternative job if that is not possible. His paternity leave protects him from unfair dismissal, discrimination, and detriment.

Parental leave

Parental leave is when a parent can take off work to look after their child’s welfare, for example, by spending more time with them or settling them into a new school. Under Part III of the Maternity and Parental Leave etc. Regulations 1999, a parent is entitled to 18 weeks of unpaid parental leave for each child under 18 years old if they meet specific eligibility criteria. These include being an employee, having worked for their employer for at least one year and having or expecting to have parental responsibility for the child.

A parent can take parental leave at any time before their child’s 18th birthday, subject to some restrictions. They must give at least 21 days’ notice to their employer before taking parental leave unless there is a reason why that is not possible. They can take parental leave in blocks of one week or more, up to a maximum of four weeks per year for each child, unless their employer agrees otherwise. They cannot take parental leave when they are already on maternity or paternity leave.

During parental leave, a parent has the right to keep their employment rights, such as the right to pay rises and to accrue holiday entitlement. They also have the right to return to the same job after parental leave or to a suitable alternative job if that is impossible. Their parental leave protects them from unfair dismissal, discrimination and detriment.

Other leave entitlements

In addition to maternity, paternity and parental leave, parents and carers may be entitled to other types of leave, depending on their circumstances. These include:

• Adoption leave: This is similar to maternity leave but applies to employees who adopt a child. They are entitled to up to 52 weeks of adoption leave and statutory adoption pay if they meet specific eligibility criteria.
• Shared parental leave: This allows parents to share up to 50 weeks of leave and 37 weeks of pay between them after the birth or adoption of their child. They can take the leave in turns or together as long as they meet specific eligibility criteria and give the required notice to their employers.
• Time off for dependents: This allows employees to take a reasonable amount of unpaid time off work to deal with an emergency involving a dependent, such as a spouse, child, parent or someone who depends on them for care. There is no limit on how much time off they can take, but it should be enough to deal with the immediate problem.
• Flexible working: This allows employees to request changes in their working hours, patterns or locations, such as working part-time, flexi-time, compressed hours or from home. Employers must consider their requests seriously and only reject them for good business reasons.

Conclusion

I regularly advise employers and employees on employment law matters. If you require employment law advice, please get in touch with me using the enquiry form on gcaesar.com.