Parental Leave
Introduction
This document sets out the University's policy on Parental Leave, and complies with the provisions laid down in statute. Parental Leave is not intended to cover leave for sudden and unforeseen emergencies involving dependants, which is covered by a separate Time Off for Dependants Policy.
Parental Leave can be taken to look after a child or to make arrangements for the good of the child. The reasons for the leave need not necessarily be connected with the child's health. The leave might be taken simply to enable the parents to spend more time with their children, for example:
- to spend more time with the child in early years;
- to accompany a child during a stay in hospital;
- to assess new schools;
- to settle a child into new childcare arrangements.
The Right to Parental Leave
Every employee who is the parent of a child under the age of five has the legal right to take up to 13 weeks' unpaid parental leave during the first five year's of the child's life. This right extends to the parents of an adopted child. Adoptive parents should take any parental leave due to them by the fifth anniversary of the adoption or by the child's 18th birthday, whichever occurs sooner. For any child who has been awarded Disability Living Allowance, the amount of unpaid parental leave is 18 weeks which can be taken at any time until the child's 18th birthday.
The Government has acknowledged that the right to parental leave should not have been restricted to the parents of children born or placed with them for adoption on or after 15 December 1999, as originally enacted in the Maternity and Parental Leave etc. Regulations 1999. The Maternity and Parental Leave (Amendment) Regulations 2001, which came into force on 10 January 2002, lifted that restriction, and now parents of children under the age of 5 on 15 December 1999 (or of children placed with them for adoption within the previous five years) may now take the leave denied to them when the 1999 Regulations. Such parents should take the leave now available to them no later than 31 March 2005.
The parents of a child do not have to be living with the child in order to qualify for Parental Leave.
If an employee has two children under the age of five (or two adopted children either under the age of 18 or within 5 years of adoption), he / she may take 13 weeks' unpaid parental leave in respect of each of those children.
Qualification for Parental Leave
To qualify for Parental Leave, the employee must have one year's continuous service with the University. If the employee has taken part of their statutory parental leave entitlement with a former employer, they will be required to work for the University for at least a year before taking the balance of their parental leave entitlement.
Giving Notice of Intention to Take Parental Leave
Parental Leave may be taken in blocks or multiples of one week only, subject to a maximum of four weeks' per calendar year and up to a maximum of 13 weeks until the child's fifth birthday. If the child has been awarded Disability Living Allowance, the leave may be taken one day at a time or in blocks or multiples of one day.
In exceptional circumstances, and at the discretion of the Head of Department, a longer block of leave may be taken, up to the maximum of 13 weeks.
The employee needs to give at least 21 days' notice to the Head of Department in writing of the intention to take Parental Leave, giving the dates when the leave is to start and finish. The employee may use a PL01 form (which is available from the Human Resources Department or on the HR web pages) to make the request.
The Head of Department must respond in writing to the request for Parental Leave within 7 days, confirming approval or rejection of the request. If the request was made on a PL01 form, this should be completed by the Head of Department and forwarded to Human Resources for processing.
Postponement of Parental Leave
The Head of Department may postpone the employee's requested period of Parental Leave for up to 6 months where the needs of the organisation or the quality of a service make this necessary. The Head of Department should inform the employee in writing of the decision to postpone Parental Leave within 7 days of the request being made.
Parental Leave can be postponed to an agreed date or to a suitable future period but for no more than 6 months from the date on which the employee originally wanted to take up his / her Parental Leave. The Head of Department and employee should discuss the situation and try to agree a suitable time for the Leave to be taken, but if they do not reach an agreement on this, the Head of Department becomes responsible for guaranteeing that the employee can take the leave at a time, no more than six months ahead, which best fits the needs of the Department and the needs of the employee. If this means that the leave is postponed beyond the statutory time limits for taking Parental Leave, for example, if the postponed period of leave begins after the child's fifth birthday or after the fifth anniversary of his / her adoption, the parent is still entitled to take it.
Where an employee applies to take Parental Leave immediately after the birth or adoption of a child, then the Head of Department cannot postpone the Leave. The employee needs to give 21 days' notice before the beginning of the Expected Week of Childbirth. In the case of adoption, the employee needs to give 21 days' notice of the Expected Week of Placement.
Evidence to support a request for Parental Leave
It is reasonable for the employee to be asked to provide proof of the child's age, a copy of which will be placed on the employee's file along with the request to take leave. The University may also ask for papers confirming a child's adoption or in the case of a disabled child, the award of Disability Living Allowance for the child.
The employee may be asked if a previous employer can be contacted to verify records of continuous service and or to ascertain amounts of Parental Leave previously taken. The employee will be asked to sign a declaration about how much parental leave has been taken (Form PL01).
Part-Time Employees
In the case of employees who work part time, entitlement to Parental Leave will be in proportion to the time worked, i.e. one week's Parental Leave is equal to the length of time that an employee is normally required to work in a week. This means that, for example, a week's Parental Leave for an employee who usually works from Monday to Friday is equal to 5 days, while for an employee who works Mondays and Tuesdays only, a week's Leave is equal to 2 days.
Employment Rights during Parental Leave
Parental leave will not be paid but the employment contract continues during an absence of Parental Leave. This means that an employee continues to benefit from his or her statutory employment rights and the University will not take away any of the seniority and pension rights that the employee had built up before taking the Leave. The continuity of an employee's period of employment is not broken by absences from work taken in respect of Parental Leave.
Annual Leave Entitlement during Parental Leave
Annual leave entitlement is accrued throughout the period of Parental Leave.
Pension Contributions during Parental Leave
If the employee is a member of and contributes to the Teachers' Pension or Local Government Pension Schemes he/she should contact the Personnel Department to discuss options regarding pension contributions during the period of unpaid Parental Leave.
Returning to Work after Parental Leave
At the end of Parental Leave, the employee is entitled to return to the same job provided that the leave taken was for a period of four weeks or less. If the period of Parental Leave was longer than four weeks, then the employee will be entitled to return to the same job, or if that is not practicable, to a similar job which has the same or better status, terms and conditions as the previous job.
Claiming Parental Leave Dishonestly
Any employee proven to be claiming Parental Leave dishonestly will be disciplined under the University's Disciplinary Procedures.
Refusal to Grant Parental Leave / Victimisation
If an employee believes that he / she has been unreasonably refused time off, or has been victimised for exercising the right to take Parental Leave, he / she may follow the University Grievance Procedure to make a complaint.
Updated November 2003
