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Parental Leave: Your Right to Unpaid Time Off with Your Child

Last updated: Checked against primary legislation on legislation.gov.uk

Parental leave is a separate, unpaid entitlement that lets parents take time off to care for a child, distinct from maternity, paternity, or shared parental leave. Each parent is entitled to 18 weeks per child, up to the child's 18th birthday. It is unpaid, but your job is protected and your other employment rights continue. Many parents do not know this right exists.

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Who qualifies for parental leave?

You are entitled to parental leave if:

  • You have been continuously employed by the same employer for at least one year
  • You have, or expect to have, parental responsibility for a child
  • The child is under 18 (leave must be taken before the child's 18th birthday)
Both parents are entitled separately. Each parent gets 18 weeks per child, these are individual rights, not shared. A couple could each take 18 weeks for the same child (though it is unpaid for both).
Adoptive parents are entitled to parental leave from the date of placement, not the date of the adoption order. Guardians and those with a residence order also qualify.
Agency workers and zero-hours workers do not have a statutory right to parental leave, it is an employee-only right. Check whether your contract treats you as an employee if you are unsure of your employment status.

How much parental leave can you take?

  • 18 weeks per child in total (not 18 weeks per year)
  • Maximum of 4 weeks per child per year (unless your employer agrees to more)
  • Leave must be taken in whole weeks, not individual days, unless your child is disabled (receiving DLA or PIP), in which case you can take individual days
  • The 18 weeks can be spread across different employers, but you start a fresh 4-week annual allowance with each new employer
Weeks carry over when you change employer. If you took 6 weeks at a previous employer, you have 12 weeks remaining, tell your new employer when requesting leave.

How to request parental leave

You must give your employer at least 21 days' notice before the leave is due to start. The notice should state:

  • The start date
  • The end date
  • How many weeks you are taking
1
Give written notice 21 days before the start date
Always request in writing (email is fine) so you have a record. State clearly: start date, end date, number of weeks, and the child the leave relates to.
2
Your employer can postpone (but not refuse) for up to 6 months
An employer can delay parental leave if granting it would unduly disrupt the business, for example, during a critical project or seasonal peak. They must write to you within 7 days of your request and propose an alternative start date within 6 months.
3
Employers cannot postpone leave taken immediately after a birth or adoption
If you want to take parental leave immediately after the baby arrives or is placed with you, your employer cannot postpone it, even for business reasons.
4
Record how much you have taken
Keep a running total of parental leave taken with each employer. There is no central government record. If you move jobs without a record, you could inadvertently take more than 18 weeks for one child.

Your rights during and after parental leave

During parental leave, your employment contract continues, you retain most rights but not your pay:

  • Annual leave continues to accrue at the full contractual and statutory rate
  • Pension: if you are auto-enrolled, pension contributions continue based on your contract, check your scheme rules for unpaid leave
  • Your job is protected for up to 4 weeks' parental leave, you have the right to return to exactly the same role
  • For parental leave of more than 4 weeks, you may be offered a suitable alternative role on return, but it must be on terms no less favourable
  • You cannot be dismissed or subjected to any detriment for taking or seeking to take parental leave
Dismissal for taking parental leave is automatically unfair. You can bring an Employment Tribunal claim with no minimum service requirement for this specific type of claim.

Combining parental leave with other leave types

Parental leave sits alongside, not instead of, other leave entitlements:

  • You can take parental leave immediately after maternity, paternity, or adoption leave
  • Parental leave cannot overlap with Shared Parental Leave taken at the same time as your partner (each is a separate entitlement)
  • You can use accrued annual leave before or after parental leave to extend your time at home
  • Emergency dependants leave (time off for family emergencies) is a separate, unpaid right and does not count toward your 18 weeks
Flexible working: After returning from parental leave you have the right to request flexible working from day one of employment (since April 2024). This can be a useful alternative if you need ongoing flexibility rather than a block of leave.

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Frequently asked questions

Is parental leave paid?

Statutory parental leave is unpaid. Some employers offer contractual pay, check your employment contract or staff handbook. There is no statutory parental pay equivalent to maternity or paternity pay for standard parental leave.

My employer refused my parental leave request, is that legal?

An employer cannot refuse parental leave outright if you meet the eligibility conditions. They can postpone it for up to 6 months for business reasons (except immediately after a birth/adoption). If they refuse entirely, raise a formal grievance and contact ACAS. Refusing parental leave is unlawful.

Can I take parental leave in single days?

Only if your child is disabled (receiving Disability Living Allowance or PIP). Otherwise, leave must be taken in full weeks. You cannot take, say, one day per week as parental leave.

Does parental leave reset when I change employer?

No. Your 18-week total per child carries across employers. However, you must have worked for your new employer for at least one year before you can use parental leave with them. The 4-week annual cap also resets when you change employer.

I did not take parental leave when my child was born, can I still use it?

Yes, as long as your child is under 18. The entitlement does not expire or reset, you can use your remaining weeks at any point before your child turns 18. You still need to meet the one-year qualifying period with your current employer.

Related guides

Maternity Leave
Full maternity rights and Shared Parental Leave explained.
Paternity Leave
Statutory paternity leave and pay for new fathers and partners.
Flexible Working
Requesting flexible working arrangements from day one.

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https://www.knowyourrightsuk.com/employment/parental-leave
Know Your Rights UK. "Parental Leave: Your Right to Unpaid Time Off with Your Child." Know Your Rights UK, https://www.knowyourrightsuk.com/employment/parental-leave