Parental leaveNew regulations mean that parents who have children under the age of five and new parents are entitled to 13 weeks parental leave. Some employers have agreed additional enhanced rules for the taking of parental leave, but in the absence of these, the following rules apply. Who qualifies?In order to qualify for parental leave the parent (or adoptive parent) must have been continuously employed for at least one year, must have or expect to have responsibility for the child and must be taking the leave for the purpose of caring for the child. When can parental leave be taken?For parents of children born after 15 December 1999 the 13 weeks can be taken any time before the child reaches the age of five. Parents of children who were born before this date and who are under the age of five have until 31 March 2005. Parents of adopted children have until the fifth anniversary of the date on which the child was placed for adoption or the child's 18th birthday, whichever comes sooner. If the child is disabled, parents are entitled to 18 weeks parental leave, which may be taken up to the child's 18th birthday. The regulations state that the leave must be taken in blocks of a week or more, unless the child is disabled. Notice requirementsIn order to take parental leave, you must give your employer at least 21 days notice. Fathers who want to take time off around the birth of their baby must specify the expected week of childbirth and how much time they intend to take off. This notice must be given at least 21 days before the expected week of childbirth. From April 2003, new fathers will be entitled to two weeks' paid paternity leave. Postponement of parental leaveAn employer may not postpone parental leave if the employee is a father who intends to take time off around the birth of his baby and has given the required notice (see Notice Requirements above). The same applies to a parent who is adopting and wishes to take time off around the time of the placement. It is possible, in some circumstances, for the employer to postpone parental leave, although only in cases where the business would be unduly disrupted if the employee took the parental leave as planned. Returning to workNo notice is necessary for returning to work, and if you take parental leave of four weeks or less you have the right to return to the same job on the same terms and conditions. For more information on parental leave, time off for dependants and for information about maternity leave, contact the Maternity Alliance, 45 Beech Street, London EC2P 2LX. Tel 0171 588 8583 or visit www.maternityalliance.org.uk More useful information The Maternity Alliance is an independent national charity which works to improve rights and services for all pregnant women, new mothers and their families. They also provide 24-hour recorded information on maternity rights and benefits and parental leave. Tel: 020 7588 8582. www.tiger.gov.ukProduced by the Department for Trade and Industry, this site provides tailored interactive guidance on employment (including maternity) rights for employees. Where to next?
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