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

Checked against official sources on 1 September 2026. Figures shown are the entitlement in force on 1 September 2026, including the day-one right from 6 April 2026.

Sources: GOV.UK, Unpaid parental leave: entitlement; Acas, Employment Rights Act 2025.

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. Since 6 April 2026 it is a day one right, so the old one year service requirement no longer applies. It is unpaid, but your job is protected and your other employment rights continue. Many parents do not know this right exists.

Key points

✓18 weeks per child in total, not 18 weeks a year, and it has to be used before the child turns 18.
✓It has been a day one right since 6 April 2026. The old one year service requirement is gone.
✓It is unpaid, but your job is protected and annual leave keeps accruing at the full contractual and statutory rate.
✓You can normally take a maximum of 4 weeks per child per year, in whole weeks rather than single days, unless your employer agrees otherwise.
✓The exception is a disabled child receiving DLA or PIP, where you can take the leave a day at a time.

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Who qualifies for parental leave?

You are entitled to parental leave if:

Yes: You are an employee (parental leave is a day one right, there is no minimum length of service)
Yes: You are named on the child's birth or adoption certificate, or you have, or expect to have, parental responsibility for the child
Yes: The child is under 18 (leave must be taken before the child's 18th birthday)

The one year qualifying period was abolished on 6 April 2026. Until then you needed a year's continuous service with your employer before you could use parental leave. The Employment Rights Act 2025 removed that condition, so it is now a day one right. A lot of staff handbooks, HR templates and older advice pages still quote the one year rule. If yours does, it is out of date.

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.

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How much parental leave can you take?

Yes: 18 weeks per child in total (not 18 weeks per year)
Yes: Maximum of 4 weeks per child per year (unless your employer agrees to more)
Yes: 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
Yes: 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:

Yes: The start date
Yes: The end date
Yes: How many weeks you are taking

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.

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.

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.

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:

Yes: Annual leave continues to accrue at the full contractual and statutory rate
Yes: Pension: if you are auto-enrolled, pension contributions continue based on your contract, check your scheme rules for unpaid leave
Yes: Your job is protected for up to 4 weeks' parental leave, you have the right to return to exactly the same role
Yes: 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
Yes: 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:

Yes: You can take parental leave immediately after maternity, paternity, or adoption leave
Yes: Parental leave cannot overlap with Shared Parental Leave taken at the same time as your partner (each is a separate entitlement)
Yes: You can use accrued annual leave before or after parental leave to extend your time at home
Yes: 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, and since 6 April 2026 you no longer have to build up a year's service with a new employer before you can use it. Parental leave is now a day one right. The 4-week annual cap does still reset 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. Since 6 April 2026 there is no qualifying period, so you can use it with a new employer straight away.

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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