Family Leave Rights

Time off for ante-natal care

Time off must not be unreasonably withheld from a pregnant employee or her partner attending an ante natal appointment irrespective of his or her hours worked or length of service. A doctor or midwife must prescribe the care that is required.

Time off for attending an adoption appointment

Time off must not be unreasonably withheld from prospective adopters attending adoption appointments, irrespective of the hours that the employees have worked or their length of service.

Time off for dependants

Employees are entitled to take time off work to deal with certain kinds of emergency situations involving their dependants.

Health and Safety

Employers have a duty to carry out a risk assessment when they are notified in writing that a female employee is pregnant. If a risk is identified then the employee may need to be moved to alternative work, or, if none is available, should be suspended with pay.

Ordinary Maternity Leave

All pregnant employees are entitled to take up to 26 weeks' leave providing that certain notice requirements are met.

Additional Maternity Leave

Employees who have 26 weeks service at the beginning of the 14th week before the expected week of childbirth are entitled to take up to 26 weeks Additional Maternity Leave.

Right to return

There is a right to return to the job that the woman left (there are some limited exceptions - see guidance).

Guide: Maternity Rights – a Guide.

Maternity allowance

There is no statutory obligation to pay an employee who is off work while she has a baby. It is important to check whether or not there is a contractual right to pay.

Most women are eligible to claim maternity allowance from the Treasury. You can find more information on the maternity allowance page.

Paternity Leave

Paternity leave of one or two weeks is available within 56 days of the birth of the baby. There are certain notice and qualification requirements.

Guide: Paternity Rights – a Brief Guide.

There is no requirement on employers to pay employees who are taking paternity leave. However many employees will be eligible for paternity allowance from the Treasury. You can find more information on the paternity allowance page.

Adoption Leave

Leave matching that for birth parents is available to individuals who are adopting a child. Information about the accompanying adoption allowance can be found on the adoption allowance page.

Guide: Adoption Rights – a Guide.

Shared Parental Leave

Employees may be entitled to up to 50 weeks’ shared parental leave, which enables mother and fathers to share the leave in a flexible way, with the agreement of the employer.

Guide: Shared Parental Leave Guide.

Parental Leave for parents of a disabled child

A parent of a disabled child under 18 has a right to take a maximum of 18 weeks unpaid leave before the child is 18. The employee requires one year's service with the employer to exercise the right.

Guide: Parental Leave for Parents of Disabled Children – a Guide.

Parental bereavement leave

Employees who have a child under the age of 18 who dies or is stillborn are entitled to 2 weeks leave, while employees, or the partner of an employee who experiences a miscarriage is entitled to 1 week of leave.

Guide: Parental Bereavement Leave Guide.