PARENTAL LEAVE

Mar 5 2008 by Sue Scott, Evening Gazette

Q. Who has the right to Parental Leave?

A. Most working parents are entitled to unpaid leave to look after children born or adopted after December 1999. Parental leave is not connected to any annual leave.

Q. What are the qualifying conditions to take Parental Leave?

A. The key qualifying conditions for a parent to take Parental Leave are:

s/he has been employed by the same employer for one year

s/he has responsibility for a child

s/he has takes the leave for the purpose of caring for the child

Q. How much Parental Leave are employees entitled to?

A. An employee will be entitled to 13 weeks parental leave which should usually be taken before the child is five years old.

Q. Do employees have a right to be paid when taking Parental Leave?

A. There is no statutory right for an employee taking parental leave to be paid for this but an employee may have a contractual right to either full or part payment of wages during the leave.

Q. Does the Parental leave have to be taken in one block?

A. The 13 weeks parental leave does not have to be taken all at once. They can be taken in smaller blocks, but each time an employee wants to take leave s/he must give the employer proper notice. Unless there is a workplace agreement, an employer is allowed to limit the leave taken to four weeks in any one year in respect of any individual child.

Q. Is 13 weeks the maximum Parental Leave an employee can take?

A. If a child is disabled and entitled to the Disability Living Allowance, parental leave of up to 18 weeks can be taken up to and including the child’s 18th birthday.

Q. What if an employee changes her/his employer?

A. If an employee changes her/his employer, s/he must work for one year for the new employer before s/he is entitled to any unpaid statutory parental leave. If s/he has already taken parental leave in her/his previous job, s/he will still have to wait for a year to take any further leave.

Q. If an employee takes Parental Leave does s/he still have continuity of employment?

A. Although parental leave is unpaid unless there is a contractual right to be paid, an employee’s contract of employment continues throughout the leave period. Any leave taken is part of the empoyee’s continuous period of employment.

For further advice and information on all Employment Law matters, contact your local CAB. There are CABs located in Darlington, Hartlepool, Middlesbrough, Redcar and Cleveland and Stockton on Tees