As a working parent you may have a legal right to take time off in certain circumstances. You may also be able to request a change in your working week to help you juggle your work and caring responsibilities. For the purposes of the information below a disabled child is one for whom a parent is receiving Disability Living Allowance.
Flexible working
Parents with children under six years of age or a disabled child under 18 have the right to apply to their employer for flexible working arrangements, for example a change to the pattern of hours worked. From April 2007 the right to request flexible working was extended to relatives looking after disabled adults aged 18 and over.
Employers have a statutory duty to consider such requests seriously, and will only be able to refuse when there is a clear business reason.
To be eligible to make a request for flexible working under these provisions you must:
- have worked for your employer for 26 weeks on the date the application is made
- not be an agency worker or member of the armed forces
- not have made an application for flexible working in the past 12 months.
Parental leave
Parental leave gives parents of young or disabled children the right to take time off work to look after their children. The right is a statutory minimum for unpaid leave at this time but you may be entitled to pay or more generous leave, for example because of what your employment contract says.
The law says that parents who qualify must be allowed at least 13 weeks unpaid leave for each child. If the child is disabled, it is 18 weeks. To qualify for leave:
- parents must have worked for an employer continuously for one year and must give at least 21 days’ notice. They must also use the leave time to care for their child
- parents with a child born on or after 15th December 1999 can take leave up until the child’s 5th birthday (if adopted, up to five years after the date of placement, or up to their 18th birthday, whichever is sooner)
- parents of disabled children born on or after 15th December 1994 can take leave up until the child’s 18th birthday.
Normally leave must be taken in blocks of one week or more, up to a maximum of four weeks per year. However, parents of disabled children can take leave in multiples of one day.
Time off for dependents
You can take time off work to deal with an emergency relating to a dependent. This could be a parent, partner, child, or someone for whom an individual has sole care.
An emergency only covers certain types of situation, for example when someone who depends on you needs you to deal with an unexpected disruption or breakdown in care, such as a childminder or nurse failing to turn up.
Time off for dependents only covers the time taken to make alternative arrangements, for anything longer term you will need to use parental, annual or other leave. The time off is usually unpaid although this depends on the terms of your contract of employment.
Maternity, paternity and adoption rights
All pregnant employees are entitled to 12 months of maternity leave. As long as you have worked for your employer for at least 26 weeks by the 15th week before your baby is due, you will also be eligible for Statutory Maternity Pay (SMP). You can be paid this for the first 39 weeks of your leave. Contact the helpline for further details.
Those who adopt children are entitled to up to 52 weeks' adoption leave. If you have worked for your employer for at least 26 weeks by the date you are matched with a child, you can be paid statutory adoption pay for the first 39 weeks. There is also the option of taking a further 13 weeks' leave, usually unpaid. Leave may be taken by either partner if a couple adopt. Call our helpline for further details.
Fathers are also entitled to paternity leave for either one week or two consecutive weeks. To qualify for paternity leave you must have worked for an employer for 26 weeks by the 15th week before the baby is due, and be the baby’s biological father or the mother’s husband or partner.
Please note that if your average earnings are less than the lower earnings limit for national insurance you may not qualify for Statutory Maternity Pay, Statutory Adoption Pay or Statutory Paternity Pay. Seek further advice if this applies to you. Other support may be available such as Maternity Allowance or certain state benefits.
If you need more information
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