Parental leave policy
Introduction
Parents with children under the age of five may be entitled to parental leave.
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Eligibility and notice requirements
To qualify for parental leave an employee must:
- have 26 weeks service by the time they wish to take parental leave
- be the parent:
- named on the child’s birth certificate
- named on the child’s adoption certificate
- with legal parental responsibility for the child
- be taking the leave to care for their child
- give their line manager 21 days notice in writing of their request to take parental leave.
Once notification has been received HR will contact the individual confirming the outcome of their request. Depending on business needs leave may be postponed or a period of up to six months. However, requests for parental leave of up to four weeks to be taken immediately after maternity, adoption or paternity leave will not be postponed.
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Parental leave
Each parent is entitled to take up to 13 weeks’ parental leave for each child up to their 5th birthday.
In the case of adopted children, each parent can take up to 13 weeks until the 5th anniversary of the child’s placement or until their 18th birthday, whichever comes first.
If the child is disabled (receiving disability allowance) each parent may take up to 18 weeks parental leave up to the child’s 18th birthday.
Parental leave may be taken in weekly blocks up to a maximum of four weeks in a rolling 12-month period.
Parental leave is an individual right so both parents may take parental leave. However, parental leave is non transferable, eg a father cannot take only 10 weeks and the mother take 16 weeks.
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Parental pay
Parental leave is unpaid.
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Additional information
Separated parents
Separated parents, who do not live with their child/children still have the right to parental leave if they keep formal parental responsibility for the child/children.
Foster parents
Foster parents do not have rights to parental leave. However, foster parents may be able to request a flexible working pattern and should review the Flexible Working Policy.
Annual leave
Annual leave, bank holidays and concessionary days will continue to accrue during parental leave.
Pension
On your return to work you can make up any gap by paying extra contributions within 30 days to bridge the unpaid period. In this case, the Commission would pay employer contributions based on ‘normal’ pay, the employee contribution would be based on the applicable employee contribution rate as a percentage of company adoption pay/and or statutory adoption pay which applied immediately before you stopped receiving pay.
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Contact during parental leave
During the parental leave period, the Commission may make reasonable contact with an employee and, in the same way, an employee may make contact with the Commission. Contact may include: updating an employee on workplace changes or informing them of promotional opportunities or job vacancies.
Arrangements for keeping in contact should be made with the line manager and/or HR prior to commencing parental leave.
Returning to work
An employee is entitled to return to the same job on the same terms and conditions if they take a period of up to four weeks parental leave. Equally if a period of parental leave of up to four weeks is taken immediately after the end of ordinary maternity/adoption/paternity leave employees have the right to return to the same job on the same terms and conditions.
If parental leave exceeds four weeks or is taken after any period of additional maternity/adoption/paternity leave, an employee has the right to return to the same job or if this is not reasonably practical, a similar job on similar terms and conditions.
Employees who wish to vary their work patterns on return from paternity leave should refer to the Flexible Working Policy for further details. All requests will be reviewed sympathetically in line with business needs.
Individuals are unable to return to work at the end of parental leave, due to sickness, must produce a medical certificate, and if they continue to be unfit to return to work, the Sickness Absence Policy will apply.
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Not returning to work
Individuals who do not wish to return to the Commission after parental leave must give notice of termination as detailed in their contract of employment.
June 2011
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Date Updated: 03/08/11