WO toolkit 2012 complete.pdf - GMB

SECTION 5.24
24. What rights do I have to parental leave?
If you are a parent,including adoptive parents,an unmarried father named on the child’s birth
certificate,or have parental responsibility for a child you may be entitled to parental leave.
There are two levels of parental leave: those that are negotiated and those that apply in the default
scheme.If you negotiate a parental leave agreement it must provide at least the following rights:
• A total of 13 weeks unpaid leave,for each child,after one year’s service(for parents of disabled
children the length of leave is 18 weeks).
• Both parents are entitled to parental leave,for each child under five.
• It can be taken up until the child is aged five.
• If the child was adopted on or after 15 December 1999,the leave can be taken in the five years
following adoption,until the child’s 18th birthday.
• If you have a child who has been awarded a disability living allowance,the leave can be taken until
the child reaches 18.
• You are protected from unfair dismissal or detriment for taking or asking for parental leave.
• You have the right to return to the same job if you take four weeks parental leave or less.If you
take more than four weeks parental leave or if you take parental leave after additional maternity
leave you will have the right to return to the same job,unless this is not reasonable practicable.In
that case you should be offered a similar job on terms and conditions that are not substantially
less favourable.
Under the default scheme:
• Unless you are the parent of a disabled child,leave must be taken in blocks or multiples of one
week.(A week is based on your normal working week,so if you normally work three days a week a
week’s parental leave would be three days).
• You can only take four weeks’leave in any one year.
• Seniority rights are suspended during leave,but terms relating to duties of trust,confidence and
good faith,notice,redundancy compensation and disciplinary or grievance procedures continue.
• Your employer may request evidence of parental responsibility and,where relevant,disability.
• You must give your employer at least 21 days notice in writing before each period of leave that you
wish to take,stating the start and end dates of the leave.
• Your employer can postpone your leave for up to six months by giving you seven days’counter
notice,but only if their business would be unduly disrupted by you taking the leave when you want
to.However,an employer cannot postpone if:
a. you are the father of a baby and you are taking leave at the time of the birth(see also 25.Can I
Take Paternity Leave)or
b. you are adopting a child and taking leave at the time of the placement(see also 24.Can I Get
Paid Adoption Leave).