How to manage an unpaid parental leave request
Posted on 4th August 2024
With more employees looking for better working cultures and more flexible working arrangements, it is important for employers to understand the rules and regulations around this area.
Parental rights is something that comes up a lot so I thought this would be a good opportunity to look at the regulations around unpaid parental leave.
What is unpaid parental leave?
In short, eligible parents are able to request unpaid parental leave to look after the welfare of their children or children under their guardianship.
They can use unpaid parental leave to:
➡️ To spend more time with their children
➡️ To settle their children into new schools
➡️ To settle their children into new childcare settings
➡️ To spend more time with family, for example, grandparents.
What are parents entitled to?
Unpaid parental leave entitles an employee to take up to eighteen weeks for each child in total, up until the child’s 18th birthday.
Eighteen weeks is the total amount of time allowed. However, unless otherwise agreed by you, as the employer, they are only eligible to take up to four weeks for each child, every year until the maximum of eighteen weeks has been used.
Parents are unable to use this time on a day by day basis. It must be taken as a minimum of one week at a time. (A week is classed as the normal hours an employee would work over a seven day period).
This is the full entitlement regardless of where the employee works, so, if you hire an employee who has already taken one week of their unpaid parental leave allowance, they are only entitled to a further three weeks that year with your organisation.
The entitlement carries over so you will not have to reset the allocated time.
Who is eligible to take unpaid parental leave?
There is a specific criteria that needs to be met for an employee to request this leave. They would need to have been:
🟢 An employee of the company for at least one year
🟢 Named on the child’s birth or adoption certificate or expected to have parental responsibility (As the employer, you are entitled to ask for proof if it is deemed reasonable to do so)
🟢 Employed. This does not apply to self employed individuals or workers (for example, agency workers)
🟢 Responsible for a child (children) under the age of eighteen.
It should be noted that as the employer, you are able to extend upon these rules should you choose to. For example, you may wish to offer unpaid parental leave from the first day of employment. If you choose to do so, ensure this is covered in your policies and employee handbook.
Does an employee have to give notice?
Absolutely! Unless otherwise stated in your company policy, employees must provide a minimum of twenty one days notice.
Can I refuse an unpaid parental leave request?
No. You cannot refuse the request, however, you can delay it.
This is said with caution because you need to have a significant reason for doing so.
If you feel that the request will bring significant disruption to the business, you could potentially delay it. To do this, you would need to explain your response and reasons in writing within 7 days of the request being made.
You will also have to suggest a new date that must be within six months of the requested date and under no circumstances are you able to change the amount of leave requested (unless it does not follow the minimum of one week rule).
What else do I need to know?
➡️ Unpaid parental leave is in addition to and not in replacement of other parental rights. For example, employees still have the right to maternity/paternity leave and their regular holiday entitlement.
➡️ ️Parental leave is normally unpaid, however, you, as the employer, are entitled to offer remuneration should you wish. This should be clearly outlined in your employee handbook.
➡️ ️Step parents can have parental responsibility where it is agreed by both parents.
➡️ There is one exception to the minimum number of days rule. If a parent claims Disability Living Allowance or Personal Independence Payment for a disabled child, unpaid parental leave can then be taken in days, not weeks.
Whilst unpaid parental leave can be inconvenient to the employer, it can also benefit the business in many ways.
It can show you as:
🟢 A fair employer, therefore allowing you to become a favourable choice for potential employees
🟢 Relieve the stress of those employees who are trying to balance a work life with a challenging home life, therefore encouraging them to be a loyal and productive staff member
🟢 Reduce sickness and turnover levels, therefore reducing the costs to the business.
If the business can accommodate an unpaid parental leave request without significant disruption, it is best to allow it. However, if you feel that it would cause significant disruption and you may need to delay it, I would suggest you get some advice before making any final decisions.
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