parental leave

Parental leave
Parental leave is a new right for both mothers and fathers, allowing them to take time off to look after their child. This right for parental leave is unpaid, but the government is hoping that employers may provide pay for parental leave. If you are on a low income you may be able to claim extra social security or tax credits.

Who qualifies for parental leave?
The right to parental leave applies to employees who have completed one year's service with the employer. It entitles parents with children born or adopted after 15 December 1999 to take parental leave to care for that child. Qualifying parents are able to take to start taking the leave once the child is born or placed for adoption.

What are the rights?
The key rights are set out in the regulations, are as follows:

• 13 week's parental leave for each child
• The employers right to take the leave will last until the child's fifth birthday
• In adoption cases, for five years after the child is first placed for adoption (or until the child's 18th birthday if that comes sooner
• If the child has a disability and gets Disability Living Allowance, until the child's 18th birthday
• The employee will remain employed while on parental leave
• At the end of parental leave an employee is guaranteed the right to return to the same job, or if that is not appropriate, a similar job which has the same or better conditions
• Unless your employer agrees otherwise, leave must be taken in blocks or multiples of one week, unless the child is disabled;

This is not tended as a definitive guide. For full details on your right to take parental leave and the specific details of the regulations contact your union.

Cut off date
Most parents welcome the introduction of this legislation, however there is around 2.7m parents whose children were born before December 15 1999 and are under five, who do not qualify under these regulations.

TUC challenge The TUC brought a high court challenge, represented by Cherie Booth QC, that the December 15 1999 cut-off date for parental leave is unlawful. On May 23 2000 the court agreed that this cut-off date is likely to be unlawful. However, for the sake of clarity it was referred to the European court of justice for a final decision.

Interim relief
It may take between 18 months and two years for this case to go before the European courts. In the meantime the TUC are pursuing an appeal to the court of appeal to argue that, pending the European decision, interim relief should be granted. If this is successful it would mean that parents with children born before December 15 1999 who wish to take parental leave should consider taking their case to tribunal.

Legal advice
Before considering lodging a claim at the employment tribunal seek the advice of your union or obtain advice from a solicitor specialising in employment law. Information on solicitors in your area can be found from www.solicitors-online.com.