This policy sets out the Organisation’s stance on providing parental leave to its employees who are both birth parents and adoptive parents. Parental leave is available to eligible employees who wish to take time off work to spend with their child, eg to accompany the child during a planned stay in hospital, or to go on holiday with the child. Statutory parental leave is unpaid leave and can be taken from day one of employment if you are eligible.
Entitlement
You must meet certain eligibility criteria in order to take statutory parental leave, as follows:
- you have, or expect to have, parental responsibility for the child
- your child is under 18 years of age
- you take the leave before your child’s 18th birthday
- you provide the Organisation with evidence of eligibility when requested.
The following evidence may be requested from you in order to assess your eligibility for parental leave:
- that you have or expect to have parental responsibility for the child in relation to whom leave will be taken
- the child’s date of birth (in respect of natural parents)
- the date of adoption placement (in respect of adoptive parents)
- the child’s entitlement to Disability Living Allowance (if appropriate) to permit you to take leave in blocks of one day rather than one week.
Length of Leave
Eligible employees will be entitled to take a total of 18 weeks’ leave in relation to each child until the child is 18 years of age. No more than four weeks can be taken in relation to each child in one year.
A year is defined as a period of 12 months beginning on the date on which the employee first, or more recently, became entitled to take parental leave in respect of the child in question and each successive period of 12 months beginning on the anniversary of that date.
Save for in relation to a disabled child, in which case leave may be taken in blocks of one day, part of a week counts as a week so that if a full-time employee takes three days’ parental leave and then returns to work, one week is taken away from the 18 weeks.
Procedure
You must give a minimum notice period of 21 days before the leave is due to start and you must give notice of the exact day on which you wish leave to start and end. In the case of fathers who want to take parental leave straight after a baby is born, or prospective adoptive parents who want to take parental leave straight after a child is placed with them for adoption, 21 days’ notice of the expected week of childbirth or the expected week of adoption must be given.
When the Organisation receives notice of intention to take parental leave, we may ask for evidence of eligibility as set out above.
The Organisation reserves the right to postpone a period of parental leave if we believe the operation of the business will be unduly disrupted by the employee’s absence. Leave will not be postponed where it is to be taken on the birth of a child or on the placement of a child for adoption. Where leave is to be postponed, we will discuss the reasons for the postponement with you and confirm in writing the newly agreed dates of leave. Leave will not be postponed for a period longer than six months from the start date of the leave originally requested.
Before Taking Parental Leave
Shortly after we have received a notification from you that you wish to take parental leave, a meeting will be arranged between you and [enter job title of person]. The purpose of this meeting is to discuss:
- your entitlement to parental leave
- the requirements to give appropriate notice
- arrangements to cover your duties in your absence
- your right to return to work
- opportunities for flexible working
- the nature of any appropriate contact during parental leave
- the fact that parental leave is unpaid.
During Parental Leave
Your normal terms and conditions will apply during parental leave except for in relation to pay. Specifically:
- your implied obligation of good faith
- notice periods for termination of employment
- disclosure of confidential information
- acceptance of gifts
- whether you are participating in any other business
- disciplinary and grievance procedures
- redundancy pay.
We will arrange for your duties to be covered for the duration of your leave. We would like to be able to keep you up to date with any developments at work that may affect you or any social events that occur.
Returning to Work
Employees returning after an isolated period of parental leave lasting four weeks or less, or after a period of parental leave lasting four weeks or less which consecutively followed another period of statutory leave which did not include any period of additional maternity leave or additional adoption leave, are entitled to return to the job in which they were employed before the absence.
Employees returning to work after a period of parental leave lasting more than four weeks, or after a period of parental leave lasting four weeks or less, which did consecutively follow a period of additional maternity leave or additional adoption leave, are entitled to return from leave to the job in which they were employed before the absence or, if that is not reasonably practicable, to another job which is both suitable and appropriate for them in the circumstances.
Return to the same job will mean that seniority, pension rights and similar rights are not affected. Terms and conditions will not be less favourable than those which would have been applied if you had not been absent.