School Reps' Handbook > Your questions answered

Parental Leave

What is parental leave?

Parental leave is taken in order to look after any qualifying child or to make arrangements for the child's welfare. The reasons for leave need not be connected with the child's health. Settling a child into a new nursery, for example, could be a reason to take leave. This separate to the entitlement to time off for an emergency in the family, which is described above.

Who can take leave?

The provisions for parental leave apply to male and female employees. The entitlement is for unpaid leave. Parents seeking parental leave must have been in their employment for 12 months or more. Parental leave is available in respect of children born on or after 15 December 1999 or those who were born before 15 December 1999 but adopted after that date.

How much leave can I take?

13 weeks leave per child can be taken in total. A maximum of four weeks' leave per child per year can be taken in blocks or multiples of a week, unless the child is entitled to disability living allowance. Parents of a child with a disability can take the leave a day at a time or longer if they wish.

When can leave be taken?

Leave can be taken:

Does parental leave affect maternity leave?

Women taking maternity leave can choose whether to take parental leave immediately following maternity leave or later. Entitlement to parental leave does not affect maternity leave entitlement.

Does parental leave affect my paternity leave?

Admin Memo 33 makes provision for up to 5 days leave with pay for paternity leave. The five paid days will form part of the 13 weeks unpaid entitlement.

Do I have to give notice?

At least 21 days' notice must be given, specifying the dates on which the leave is to begin and end. If a woman wishes to take parental leave immediately following maternity leave, she should ensure compliance with the 21 days' notice.

Prospective fathers wanting to take leave when the baby is born must give the employer at least 13 weeks notice of the expected week of childbirth.

If a teacher wants to take leave when an adoption takes place s/he must give at least 13 weeks notice of the week in which the adoption is expected to take place (or if that is not possible, as soon as is reasonably practicable).

Can leave be postponed by the employer?

The regulations allow an employer to postpone if they consider that the "operation of business" would be unduly disrupted. Parental leave, however, should not be postponed unnecessarily and unreasonably. Teachers should not be expected to take parental leave only in times of unnecessarily school closure.

The notice of postponement must be given at the same duration as the duration of the leave planned e.g. 2 weeks before a period of 2 weeks leave. Fractions of weeks are treated as a whole week.

These conditions do not apply to prospective fathers or prospective adopters.

Can teachers on parental leave be moved to a different post?

An employee who takes parental leave for four weeks or less is entitled to return to his or her job. In addition, the employee cannot be dismissed or subjected to a disadvantage for taking, or seeking to take parental leave.