The Maternity and Parental Leave Regulations 1999 created a right for employees to take time off work, unpaid, to look after a child or make arrangements for the child's welfare. This right operates independently of the right to maternity leave and applies to mothers and fathers (natural or adoptive) or anyone who has acquired formal parental responsibility for a child.
Entitlement
If you have at least one year's continuous service, you will be entitled to 13 weeks’ parental leave upon the birth of your child
If you have acquired formal responsibility for a child, e.g. guardianship, you have the same right to parental leave.
If you adopt a child and have at least one year's continuous service, you will also be entitled to 13 weeks' leave provided the child is under the age of 18. The right to parental leave lasts for five years from the date on which the child is placed for adoption.
If you have a disabled child you can take 18 weeks parental leave up until the child's eighteenth birthday.
If you work part-time you will receive a pro-rated amount of leave.
Any parental leave taken is unpaid.
Procedure
You may not take more than four weeks' parental leave per year per child.
You must give at least 21 days' notice of an intention to take parental leave and should specify the dates.
Applications for parental leave must be made in writing and you may be required to provide evidence of their responsibility for the child and the child's age.
You may not take parental leave in periods of less than one week (although parents of disabled children are allowed greater flexibility).
Fathers may take time off immediately after the birth and parents immediately after an adoption provided that they give 21 days' notice of the expected week of the child's birth or adoption.
It may be necessary to postpone parental leave for up to six months (unless it is being taken immediately after a child is born or adopted) if the Institute need is acute. The Institute will confirm this in writing, not later than 7 days after you have given notice to take leave, stating the reason for the postponement and setting out the new dates for the parental leave.
You will remain employed during the parental leave period. Certain contractual terms continue to apply. In particular, the employer's obligation of trust and confidence, terms concerning notice, redundancy compensation, disciplinary and grievance procedures. Also, the employee's obligation of good faith and any express term prohibiting disclosure of confidential information or participation in a competing business. You will continue to receive the same benefits, except salary, during this period.
Where both parents are employed by the Institute, you will each be entitled to leave but you cannot both take parental leave at the same time.
When you return from parental leave of four weeks or less you will return to your previous job. In extenuating circumstances, parental leave may be extended at the Institute's discretion. If you return from parental leave of more than four weeks you will return to your previous job wherever possible or, if not offered similar jobs which have the same or better status, terms and conditions as the previous job.