The aim of family-friendly employment rights is to achieve more choice on the balance of work and family for employees through different types of leave, flexible working and having time off for dependants.
At Warners, our employment solicitors advise employees on their legal options when:
If you have been subjected to less favourable treatment because you have taken statutory leave or need to understand your family-friendly rights, our team will be able to advise you on your options.
Our team provides clear, practical advice tailored to your situation, whether you are looking to resolve matters informally or pursue action through an Employment Tribunal. We are here to help explain and protect your rights.
UK employment law provides statutory rights to help new and expectant parents take time off work to care for their child, without fear of losing their job or suffering unfair treatment. Whether you are preparing to go on leave or you are returning to work after leave, it is vital to understand your entitlements and how to protect them.
Employees, regardless of how long they have worked for their employer are entitled to up to 52 weeks of maternity leave which is broken into:
You may also be entitled to Statutory Maternity Pay (SMP) for up to 39 weeks if you meet eligibility criteria – typically 90% of your average earnings for the first 6 weeks, followed by a fixed SMP weekly rate for up to 33 weeks. The rate is set by the government each year. If your average weekly earnings in the relevant period are lower, then you should be paid at 90% of your average earnings for the relevant period.
Your employer must not treat you unfairly or dismiss you for taking maternity leave. If you are denied leave, pay, or face discrimination, you may have grounds for a legal claim.
If eligible, you are entitled to take up to 52 weeks off work if you are the primary adopter in an adoption process (Adoption Leave). Adoption Leave is split into an initial period of 26 weeks, which is referred to as Ordinary Adoption Leave (OAL) and a further period of 26 weeks, which is referred to as Additional Adoption Leave (AAL).
Only one parent can take Adoption Leave (the Primary Adopter). The other parent may be eligible for Paternity Leave (see below). In some cases, you may be able to take Shared Parental Leave with your partner (see below).
If you are the Primary Adopter and have at least 26 weeks’ continuous service with your employer by the 15th week before the date of receiving notification of a match, or EWC in a surrogacy case, then you may be eligible for statutory adoption pay (SAP). SAP is paid for up to 39 weeks at the same rate as SMP – see above for details.
Fathers and partners (including same-sex partners) who expect to have responsibility for the child’s upbringing are usually entitled to a maximum of 2 weeks of paid paternity leave if they have been employed by their company for at least 26 weeks before the 15th week before the baby is due or date of receiving notification of a match in adoption cases.
The leave can be taken in blocks of one week or two consecutive weeks, but not as odd days. It can be taken at any time from the date of the child’s birth or adoption placement (or any day in that week) and the 52 weeks after birth/placement (or due date if the child is born early).
Provided you are eligible, Statutory Paternity Pay (SPP) is paid at the same fixed weekly rate as SMP (see above).
This is complex and currently under review by the government. In summary, parents can share up to 50 weeks of leave and up to 37 weeks of pay if they choose to split the care of their child more flexibly. This applies if:
SPL can be taken in blocks or all at once, and both parents can be off at the same time if agreed with the employer.
Anyone with parental responsibility for a child and who has worked for their employer for at least a year can take up to 18 weeks of unpaid parental leave per child, up to their 18th birthday, usually capped at 4 weeks per year per child, taken in blocks of a single week or more. This is designed for planned time off to care for a child, such as during school holidays or after illness.
Parental leave is unpaid unless your contract provides otherwise.
If your employer refuses to honour your leave rights, discriminates against you, or penalises you for taking time off, you may be entitled to bring a claim. Our employment law team can help clarify your position, raise a formal grievance, or pursue legal action where necessary.
All employees have the legal right to request flexible working, not just parents or carers. This could include changes to:
You can make two formal requests every 12 months, and it must be submitted in writing. You can only have one live request at any time. Your request should be dated and state that it is a flexible working request and explain:
Your employer is required to consider the request in a reasonable manner and respond within two months, either accepting it, rejecting it with a valid business reason, or proposing an alternative. Your employer may seek your agreement to extend the time frame.
Yes – but only for one or more of the eight valid business reasons set out in the Employment Rights Act 1996, such as:
If your request is unreasonably refused, not properly considered, or leads to unfair treatment, you may have grounds for a legal challenge, particularly if the refusal amounts to discrimination (e.g. for parents, carers, or disabled employees).
If you are planning parental leave, requesting flexible working, or facing unfair treatment at work, it is important to understand your rights or obligations and to act quickly if they are at risk. At Warners Solicitors, we provide clear, practical advice tailored to your situation. We can help you resolve matters informally between you and your employer, provide support through formal grievance processes and Employment Tribunal claims if needed. Contact our friendly employment law team today.
There are a variety of rights and protections which are increasing as time goes on. This currently includes leave and pay relating to maternity, paternity, adoption, shared parental leave, parental bereavement, parental and carer’s leave. In addition, there may be entitlement to:
These rights are designed to ensure employees aren’t penalised for having family responsibilities and to promote equal opportunities in the workplace.
Yes, but only in very limited circumstances. Employers must follow strict legal processes and cannot select you for redundancy simply because you’re on leave.
You will, during your pregnancy and for a period of 18 months following the EWC (including any period on Maternity Leave), have the right of first refusal on any suitable alternative vacancies that are appropriate to your skills. If you inform your employer in writing of your child’s actual date of birth prior to the end of your maternity leave and this date is later than the EWC, then they should alter the 18-month period so that it runs from your child’s actual date of birth.
Employees on Shared Parental Leave should be given first refusal on any suitable alternative vacancies that are appropriate to their skills both during their period of leave and, provided that a period of at least six weeks’ continuous Shared Parental Leave is taken (with such leave starting on or after 6 April 2024), for a period of 18 months from the date of birth (or the date of placement for adoption in adoption cases).
Employees taking Adoption Leave should be given first refusal on any suitable alternative vacancies that are appropriate to their skills, both during their period of leave and, provided that their adoption leave ends on or after 6 April 2024, for a period of 18 months from the date of placement for adoption.
Shared Parental Leave (SPL) allows eligible parents to share up to 50 weeks of leave and up to 37 weeks of pay. It can be taken in one week blocks or all at once, and both parents can be off work at the same time. You must give notice and meet eligibility criteria to qualify.
Yes, all employees can make a formal flexible working request. Employers must consider the request reasonably and respond within two months. Requests can relate to hours, working patterns, or location amongst other things.
Pregnancy and maternity are protected characteristics under the Equality Act 2010. This means it is unlawful for your employer to treat you unfavourably due to pregnancy, childbirth, maternity leave, or related matters. You may have grounds for a claim if this occurs.
You have the right to take reasonable unpaid time off to deal with emergencies involving dependants. There is no statutory right to pay for this, though some employers may offer this on a paid basis.
From 6 April 2024 there is also a right to carer’s leave for all employees who have a dependant with a long term care need. This gives the right to one week of unpaid leave in any 12 month period to provide or arrange care for that person.
SMP is 90% of your average weekly earnings (before tax) for the first 6 weeks, followed by the statutory rate currently £187.18 per week (April 2025) or 90% of your average weekly earnings (whichever is lower) for the next 33 weeks (this rate changes in April each year). You must meet specific employment and earnings criteria.
If you are not eligible for SMP you may be eligible for Maternity Allowance.
Find detailed guidance on statutory maternity pay and Maternity Allowance on GOV.UK
Many employers now offer enhanced maternity pay, if they do, this should be set out in your contract.
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