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The legislation gives basic rights and allows employers to draft their own policies within its framework. If your employer does not have a policy in place, the regulations contain a fallback policy.
Who is covered?
Parents/adopters entitled to parental leave will have children born/placed for adoption on or after 15 December 1999 and have one year's service by the time they wish to take the leave. Parents of children born or placed for adoption between 15 December 1994 and 14 December 1999 are also entitled to parental leave until 31 March 2005; please contact ATL for more details.
What is parental leave?
Parental leave must be used to care for a child. This can include things like spending time with the child during his or her early years, staying with the child while he or she is in hospital, looking into new schools, settling a child into new childcare arrangements or enabling the family to spend time together, perhaps by visiting grandparents, for example.
How much time off can I take?
When can the leave be taken?
Parents of children born on or after 15 December 1999 can take parental leave up to the fifth birthday of their child. Adoptive parents of children placed on or after 15 December 1999 can take parental leave up to the fifth anniversary of the date of placement (or the child's eighteenth birthday, if this is earlier).
Notice provisions
There are no notice provisions in the legislation. Twenty one days' notice is required under the fallback scheme. Your employer can defer your parental leave by up to six months.
Am I entitled to be paid?
The right to take parental leave does not include an entitlement to pay. However, your employer has the discretion to award you parental leave with pay.
What happens at the end of my parental leave?
If the parental leave is for four weeks or less, then you are entitled to return to your job.
Disabled children
Parents of disabled children who meet the qualifying criteria above can take 18 weeks' parental leave for each disabled child. This leave can be taken up until the child's eighteenth birthday.
Help and support
For further advice on this issue, ATL members can speak to their school rep, their branch secretary or their regional official. They can also call the London (020 7930 6441), Cardiff ( 029 2046 5000), Belfast (02890 327 990), or Edinburgh (0131 272 2748) offices or email info@atl.org.uk.
For out of hours enquiries, call the out of office hours helpline on 020 7782 1612 (Monday-Friday, 5-8pm during term time).
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