Employment Rights for Families

There are several family-oriented rights, the rules for some of which have undergone a change.

Parental Leave

The qualification rules for parental leave are somewhat complicated by a change in the legislation. If you are unsure whether it applies to your situation, you should seek specific advice.

This right generally applies to employees who have been continuously employed for more than one year (including in some cases with a previous employer) and have children who were born or placed for adoption:

	Between 15th December 1994 and 14th December 1999, in which case the employee is entitled to take leave until 31st March 2005 (or the child's eighteenth birthday, if sooner, in the case of an adopted child);
	On or after 15th December 1999, in which case leave must be taken before the child's fifth birthday (or within the fifth year after placement and before the child reaches eighteen years of age in the case of an adopted child); and
	In the case of a disabled child, before the child's eighteenth birthday.

The employee is entitled to 13 weeks unpaid leave per child (except in the case of a disabled child, where the employee is entitled to 18 weeks unpaid leave). Unless the contract of employment states otherwise, generally the employee will be entitled to take leave in segments of up to four weeks in any twelve-month period.

In some cases, the employer is entitled to postpone the leave for up to six months if the operation of the business is unduly disrupted.

Leave for Family Emergencies

All employees are entitled to take a reasonable period of leave in the case of an emergency concerning their dependants (including dependant adults). To qualify as an emergency, the event will usually have to be unforeseen (e.g. a child's sickness at school, causing the employee to pick the child up from school). The amount of leave must be reasonable. If the employee takes such leave he or she must inform the employer as soon as reasonably practicable that he or she has taken such leave, giving reasons, and stating when he or she expects to be back at work.

Flexible Working

This is a new right that gives employees who meet the relevant criteria (e.g. as to service and age of dependant children) the right to request a variation of their working patterns and/or hours so as to be able to take care of dependant children.

Once a formal request has been made, the employer is obliged to follow a strict timetable to discuss and decide the issue. A request may only be refused if the employer gives a valid "business ground", which is prescribed by the legislation. A failure to comply with the procedure and/or a failure to give a genuine business ground to substantiate a refusal will allow the employee to bring a claim in the Employment Tribunal.

The new rules are in addition to the existing duty not to discriminate on the grounds of sex when an employee makes a request to vary hours as a result of childcare responsibilities. It would appear that this new right now strengthens the position of all employees, whether they satisfy the criteria for the legislation or not, because granting flexible working to qualifying employees will open the way for non-qualifying employees to demand similar rights, with the threat of bringing a discrimination claim if they do not get them.

Article first published June 2003
Last Reviewed April 2007