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Parental Leave Entitlement UK: Unpaid Leave Rights

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Checked against GOV.UK, Acas, legislation.gov.uk and one other official source. Edited by Steven Butler.

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Parental leave is unpaid time off to look after a child, separate from maternity, paternity and shared parental leave. In England, Wales and Scotland, employees have been eligible from day one since 6 April 2026. Your parental leave entitlement is 18 weeks for each child until their 18th birthday, usually 4 weeks a year at most.

Key points
  • ✓18 weeks for each child in total, not 18 weeks a year, and it must be taken before the child's 18th birthday
  • ✓In England, Wales and Scotland it has been a day one right since 6 April 2026; in Northern Ireland nidirect says you need at least one year's continuous service
  • ✓It is unpaid, but your employment rights are protected and you keep building up holiday
  • ✓You can usually take up to 4 weeks for each child each year, in whole weeks, unless your employer agrees otherwise
  • ✓If your child gets Disability Living Allowance or Personal Independence Payment, you can take leave in blocks of days or hours

Who qualifies for parental leave?

Employees qualify if all of these apply:

  • Yes: You are an employee: you are not self-employed or a 'worker', for example an agency worker or contractor
  • Yes: You are named on the child's birth or adoption certificate, or you have or expect to have parental responsibility
  • Yes: You are not a foster parent, unless you have secured parental responsibility through the courts
  • Yes: The child is under 18, because you may not take parental leave after the child's 18th birthday
  • Yes: In England, Wales and Scotland there is no minimum length of service
The one year qualifying period was removed on 6 April 2026. Acas says that from 6 April 2026 employees are eligible for parental leave from the first day of employment, and that previously they needed to have worked for their employer for 1 year. The regulations that removed the condition extend to England and Wales and Scotland.

In Northern Ireland, nidirect says that to qualify you must be an employee and have at least one year's continuous service where you work.

Both parents are entitled separately. Each parent can take up to 18 weeks of parental leave for each child, so a couple could each take 18 weeks for the same child (though it is unpaid for both).

If your child was placed with you for adoption, your employer can ask for reasonable evidence of the date the placement began.

Agency workers and contractors are not eligible, and Acas says someone is not likely to be an employee if they are an agency worker, a casual worker or on a zero-hours contract.

Employers can choose to offer parental leave to groups who are not eligible, so check your staff handbook.

How much parental leave can you take?

  • 18 weeks in total for each child, not 18 weeks a year
  • Usually a maximum of 4 weeks for each child in a year, unless your employer agrees otherwise
  • Leave must be taken in whole weeks (for example 1 week or 2 weeks) rather than individual days, unless your employer agrees otherwise or your child is disabled
  • If your child gets Disability Living Allowance or Personal Independence Payment, you can take leave in blocks of days or hours
  • Each year of entitlement starts on the date you first become eligible, for example when a child is born or adopted, and is specific to each child

A 'week' of parental leave equals the length of time you normally work over 7 days. For example, if you work 3 days a week, one week of parental leave equals 3 days.

Parental leave applies to each child, not to a job, so weeks taken with a previous employer count towards your 18 weeks. For example, if you have used 10 weeks with a previous employer you can use up to 8 weeks with a new employer if you are eligible.

How to request parental leave

Employees must give 21 days' notice before their intended start date, and the notice must confirm the start and end dates.

  • The date the leave starts
  • The date the leave ends
1
Give notice 21 days before the start date
You must give your employer at least 21 days' notice before the date the leave is to begin, with the dates on which it will begin and end. If you or your partner are having a baby or adopting, it is 21 days before the week the baby or child is expected. Unless your employer asks for it, the notice does not have to be in writing.
2
Your employer can postpone (but not refuse) for up to 6 months
Acas says employers cannot refuse or completely cancel parental leave, but they can postpone it if it will cause problems at work, to a date within 6 months after the date you originally asked for, and you must still be able to take it before your child's 18th birthday. The regulations allow postponement where the employer considers the operation of its business would be unduly disrupted. Your employer must write to you within 7 days of your request, explaining why, and cannot change the amount of leave you asked for.
3
Employers cannot postpone leave starting on the day of a birth or an adoption placement
Acas says an employer cannot postpone parental leave if you have asked to start it on the day of a child's birth or the date a placement for adoption starts. For a birth, the regulations give the rule to a father whose leave is to begin on the date the child is born, and notice is due at least 21 days before the expected week of childbirth.
4
Record how much you have taken
Parental leave applies to each child, not to an individual's job, so weeks taken with a previous employer count towards your 18 weeks.

Your rights during and after parental leave

Your employment rights, like holidays and returning to a job, are protected during unpaid parental leave.

  • Yes: You keep building up holiday entitlement as usual while you are on parental leave
  • Yes: After 4 weeks or less of parental leave, taken on its own and not combined with other statutory family leave, you usually have the right to return to the same job
  • Yes: After more than 4 weeks you have a right to return on the same terms as before, which in many cases means the same job; if that is not possible because of significant changes to the organisation, you could be offered a similar job on terms no worse than before
  • Yes: Your seniority, pension rights and similar rights are protected on your return, as if you had not been absent
  • Yes: It is against the law for your employer to dismiss you or cause you detriment because you take parental leave
Dismissal for taking or seeking to take parental leave is a dismissal you are regarded as unfairly dismissed for, and the two year qualifying period for unfair dismissal does not apply to it. You can bring a claim at an employment tribunal; see our Employment Tribunal guide.

Combining parental leave with other leave types

Parental leave is additional to other types of time off, for example maternity leave, paternity leave, adoption and shared parental leave, neonatal care leave, carer's leave and holiday.

  • Yes: You can take parental leave immediately after maternity, paternity, adoption or shared parental leave

If you combine parental leave with another period of family leave, Acas says your right to return may be different. If you are not eligible to take leave in blocks of days or hours, Acas says you could use holiday, time off for dependants or special leave for a few days in an emergency. GOV.UK says you are allowed a reasonable amount of time off to deal with an emergency involving a dependant, and your employer may ask you to take annual leave or parental leave if you want to look after your child for longer.

Flexible working: all employees have the legal right to request flexible working, and can make a request from their first day in a job. Flexible working rules are different in Northern Ireland. See our flexible working guide.

Where to go next

Work
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.
Employment Tribunal
How to bring a claim if you were dismissed for taking parental leave.

Frequently asked questions

Is parental leave paid?

Statutory parental leave is unpaid. Acas says some employers might offer pay, which should be written in the employment contract.

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

Acas says employers cannot refuse or completely cancel parental leave, but they can postpone it if it will cause problems at work, for up to 6 months after the date you asked for. They must write to you within 7 days of your request. An employer cannot postpone leave you have asked to start on the day of a child's birth or the date an adoption placement starts. In Northern Ireland, nidirect says that if you have the right to parental leave and are refused, you should ask your employer about the reasons and, if that does not work, you may need to use the internal grievance procedure.

Can I take parental leave in single days?

Not usually. GOV.UK says you must take parental leave as whole weeks rather than individual days, unless your employer agrees otherwise or your child is disabled. Acas says that if your child gets Disability Living Allowance or Personal Independence Payment you can take leave in blocks of days or hours.

Does parental leave reset when I change employer?

No. GOV.UK says parental leave applies to each child, not to an individual's job, so weeks used with a previous employer count towards your 18 weeks. In England, Wales and Scotland you do not need to build up a year's service with a new employer. Acas says each year of entitlement starts on the date you first become eligible and is specific to each child.

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. GOV.UK says you are entitled to 18 weeks for each child up to their 18th birthday, and the regulations say you may not take parental leave after the child's 18th birthday. In England, Wales and Scotland there has been no qualifying period since 6 April 2026.

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https://www.knowyourrightsuk.com/employment/parental-leave
Know Your Rights UK. "Parental Leave Entitlement UK: Unpaid Leave Rights." Know Your Rights UK, https://www.knowyourrightsuk.com/employment/parental-leave