There are some circumstances where you must allow staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. to attend medical appointments (see Q&A 1).

Otherwise, you are entitled to encourage staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer., where possible, to arrange medical appointments so as to cause minimum disruption to business operations (eg in the morning, late afternoon or outside office hours) and where appropriate, you may allow them to make up any lost time by working outside their usual hours. However, this is not required and if you consider it appropriate and necessary, there is nothing to stop you from requiring that staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. take time off for non-urgent medical appointments as annual leavePaid time off work to which members of staff are entitled each year, also known as holiday leave. or as unpaid leave.

If a medical appointment is urgent or will take up a large proportion of the day (50% or more), it may be appropriate to record the time as sickness absence; see Dealing with sickness absence for further information about this.

You should set out your policy for dealing with medical appointments in your staff handbookA staff handbook is a manual provided to employees by an employer which usually contains information about company policies and procedures.. For a template staff handbookA staff handbook is a manual provided to employees by an employer which usually contains information about company policies and procedures., which includes suggested policy wording to deal with medical appointments, see Staff handbook and HR policies (you can choose to generate the policy either on its own or as part of a full staff handbookA staff handbook is a manual provided to employees by an employer which usually contains information about company policies and procedures.).

If a member of your staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. is disabledA physical or mental impairment which has a substantial or long-term effect on a person’s ability to carry out normal day to day activities., you are required by law to make reasonable adjustments for them if they would otherwise be put at a disadvantage; failure to do so can amount to discriminationTreating someone differently directly or indirectly because of their age, disability, gender reassignment, marriage or civil partnership status, being pregnant and/or being on maternity leave, race, religion or belief, sex or sexual orientation.. A reasonable adjustment could include altering your usual procedures in order to enable them to attend appointments for rehabilitation, training or treatment for their disabilityA physical or mental impairment which has a substantial or long-term effect on a person’s ability to carry out normal day to day activities. during their usual working hours, even if you would not usually allow staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. to take time off for these reasons. Unless you have a very good reason not to, you should therefore allow a disabledA physical or mental impairment which has a substantial or long-term effect on a person’s ability to carry out normal day to day activities. staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member paid time off in order to attend such appointments.

A disabledA physical or mental impairment which has a substantial or long-term effect on a person’s ability to carry out normal day to day activities. staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member is one who has a physical or mental impairment which has a substantial or long-term effect on their ability to carry out normal day to day activities. Some conditions are automatically considered to be disabilities (namely, cancer, HIV infection, multiple sclerosis as well as blindness and other sight impairments). Mental health issues such as depression can also count as disabilities in some circumstances. For a list of conditions that are commonly regarded as disabilities, see List of common disabilities.

This depends upon the type of emergency and the type of staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member.

StaffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. do not have any legal right to take time off to attend to domestic emergencies such as a broken boiler or burst water pipe. How you deal with requests for time off in such situations is therefore up to you; you may require staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. to take time off but make up the time at a later point, work from home or take annual leavePaid time off work to which members of staff are entitled each year, also known as holiday leave.. It is generally a good idea to be flexible, where possible. See Q&A 10 for information about what to do during a period of bad weather.

However, staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. who are employeesIndividuals hired personally to work under contracts of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. are entitled to take a reasonable amount of time off work in order to deal with emergency situations involving their dependants. Their dependants include their children, spouse or civil partner, partner living in the same household, parents or anybody else who reasonably relies on the employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. in the event of illness or injury. See Q&A 5 for information about this and Staff handbook and policies for a template policy dealing with time off for dependants.

StaffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. who are employeesIndividuals hired personally to work under contracts of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. are entitled to take a reasonable amount of time off work in order to deal with emergency situations involving their dependants. Their dependants include their children, spouse or civil partner, partner living in the same household, parents or anybody else who reasonably relies on the employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. in the event of illness or injury.

You will need to allow the employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. a reasonable amount of time off in the following situations:

1. to assist a child or other dependant who has fallen ill, given birth, or been injured or assaulted and arrange care, where necessary;

2. to deal with the unexpected cancellation or disruption to a dependant's pre-arranged care; and

3. to deal with an unexpected incident involving the employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work.'s child whilst they are at school.

This leave does not need to be paid, although you can choose to pay your employeesIndividuals hired personally to work under contracts of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. if you wish.

Additionally, employeesIndividuals hired personally to work under contracts of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. are entitled to take one week of carer's leave every 12 months to give or arrange care for a dependant who needs long-term care. A dependant is anyone who reasonably relies on your employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. for care. This leave is unpaid, does not need to be consecutive, and your employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. can choose to take half days, full days, or a whole week. Note that the entitlement to carer's leave is calculated based on the hours your employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. usually works per week. For example, if your employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. usually works three days a week, they are entitled to three days of carer's leave. If their hours are variable, they are entitled to their average working period per week over the last 52 weeks. See Q&A 6 for notice requirements for carer's leave.

See Staff handbook and policies for a template policy on time off for caring responsibilities, that you can customise for your business.

Agency workersStaff supplied by a recruitment agency to work for a business under a contract made between the agency and the business. , casual workersPeople hired to work on an as required basis, sometimes known as seasonal workers. and freelancersPeople, in business for themselves, who provide services to others. They may be individuals simply working under their own names, or may offer services through companies or partnerships. Sometimes known as consultants or independent contractors. are not entitled to this type of leave, and any time off in emergency situations will therefore be down to agreement with you and may need to be taken as holiday leave (in the case of agency workersStaff supplied by a recruitment agency to work for a business under a contract made between the agency and the business. , the arrangements will usually need to be made with their agency). See Agency workers, Casual workers (including zero-hours workers) and Freelancers (self-employed staff) for further information about using these types of staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. and Dealing with annual leave for further information about entitlement to holiday leave.

For information about time off where a dependant has died, see Q&A 12.

EmployeesIndividuals hired personally to work under contracts of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. must inform you of the days they intend to take carer's leave, at least twice as many days in advance of their first day of carer's leave, or three days in advance (whichever is earlier). For example, if they wish to take one week's leave, they must give you two weeks' notice. If they only wish to take one day's leave, they must give you three days' notice. You are not allowed to ask for evidence in relation to the request for carer's leave before granting the request.

If you reasonably consider that your business would be seriously disrupted if the employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. took carer's leave during the requested period, you may postpone the employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work.'s carer's leave for no more than a month from the start date of the original request. You must inform your employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. in writing that their leave is being postponed, and advise them of the new dates. You must give this notice at the earlier of seven days after you receive the notice, or the day before the original start date of the request.

Yes. EmployeesIndividuals hired personally to work under contracts of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. who take carer's leave that they are legally entitled to are protected from unfair dismissalWhen an employee is dismissed without good reason or without following the proper procedure. Tribunal awards for unfair dismissal are up to one year's gross pay, currently capped at £93,878. and/or any detriment due to them taking carer's leave (or as a result of you believing they are likely to take carer's leave in the future).

No; you are not required to pay staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. members who take this type of leave, although you may choose to do so; this is a decision for your business. See Staff handbook and policies for a template policy including optional wording if you do choose to pay staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. who take this type of leave.

You are required to provide employeesIndividuals hired personally to work under contracts of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. with written details about any paid leave they are entitled to either on or before their first day of work; see Employment contracts for further guidance.

EmployeesIndividuals hired personally to work under contracts of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. are entitled to take a reasonable amount of time off work in order to deal with emergency situations involving their dependants, including illness; see Q&A 5 for information about the circumstances in which this applies.

The employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. must explain to you as soon as possible the reasons for their absence and how long they expect to need off, unless for some reason they cannot give you reasons until they return to work.

Although there is no formal limit on how long or how often an employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. may take time off for this reason, if this becomes a persistent issue for you then you should discuss the matter with the employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work.. It is possible to refuse to allow an employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. time off if you have doubts about the necessity for it, but you will need to be very careful about this as if you get it wrong, you could face a legal claim for failing to allow the employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. to exercise their rights.

Additionally, employeesIndividuals hired personally to work under contracts of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. are entitled to take one week of carer's leave every 12 months to give or arrange care for a dependant who needs long-term care. A dependant is anyone who reasonably relies on your employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. for care. This leave is unpaid, does not need to be consecutive, and your employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. can choose to take half days, full days, or a whole week. Note that the entitlement to carer's leave is calculated based on the hours your employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. usually works per week. For example, if your employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. usually works three days a week, they are entitled to three days of carer's leave. If their hours are variable, they are entitled to their average working period per week over the last 52 weeks.

Where the time off required is likely to be frequent or ongoing (eg where it may involve care for a very ill relative), then this may be dealt with using flexible workingA working arrangement which is different to the normal working pattern. For example, it might involve working fewer or different hours, or working from home on certain days. arrangements, if necessary; see Flexible working requests for further information about this.

Another option to deal with short-term situations involving an employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work.'s child is for the employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. to take parental leaveA period of leave from work available to employees with children under the age of 18, in order to allow them to care for their children. (although note that parental leaveA period of leave from work available to employees with children under the age of 18, in order to allow them to care for their children. must usually be taken in blocks of one week or more; see Q&A 82 and following for further information about this.

You should set out your policy for dealing with time off for caring responsibilities in your staff handbookA staff handbook is a manual provided to employees by an employer which usually contains information about company policies and procedures.; for a template staff handbookA staff handbook is a manual provided to employees by an employer which usually contains information about company policies and procedures., which includes suggested policy wording to deal with emergencies, see Staff handbook and HR policies (you can choose to generate the policy either on its own or as part of a full staff handbookA staff handbook is a manual provided to employees by an employer which usually contains information about company policies and procedures.).

StaffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. do not have any legal right to take time off work when the weather is bad (unless they request, and you agree, to take the time as annual leavePaid time off work to which members of staff are entitled each year, also known as holiday leave.).

However, it may be the case that their journey into work will be more difficult than usual or even impossible (in the case of heavy snow or flooding, for example), or that the office becomes an unsuitable working environment for health and safety reasons. You may, therefore, need to be adaptable.

The least disruptive course of action may be to operate a flexible workingA working arrangement which is different to the normal working pattern. For example, it might involve working fewer or different hours, or working from home on certain days. policy during a period of bad weather, allowing staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. to work from home or adjusting their start and finishing times to account for a more difficult journey to and from the workplace. This is a matter for you to decide. For more information, see Flexible working requests.

Note that you will need to have special consideration for disabledA physical or mental impairment which has a substantial or long-term effect on a person’s ability to carry out normal day to day activities. and pregnant staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. members so as to ensure you are not discriminating against them or putting their health and safety at risk. You are required by law to make reasonable adjustments for a disabledA physical or mental impairment which has a substantial or long-term effect on a person’s ability to carry out normal day to day activities. staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member if they would otherwise be put at a disadvantage; failure to do so can amount to discriminationTreating someone differently directly or indirectly because of their age, disability, gender reassignment, marriage or civil partnership status, being pregnant and/or being on maternity leave, race, religion or belief, sex or sexual orientation.. For example, if heavy snow makes it particularly hard for a wheelchair-bound staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member to get to work compared to other staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. members, it may be appropriate to make provision for them to work from home, provide for a taxi to pick them up, or allow for them to work reduced hours so that they do not have to rush their commute. For a list of conditions that are commonly regarded as disabilities, see List of common disabilities.

Similarly, it may be more appropriate to allow a pregnant staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member to work from home rather than require her to walk for a long distance on ice or in snow because transport has been cancelled.

If you are responsible for the means of travel to work, you will also be responsible for the health and safety of your staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. on their way to work. You should therefore exercise caution when the weather is bad, and cancel the transport if you have any concerns about safety.

If you are forced to close your office, or cancel transport, but your staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. members were otherwise ready and able to work, you cannot simply tell them that they will not be paid for that day since this is likely to amount to an unlawful deduction from wages or a breach of contractFailing to keep to the terms of a contract by doing something which is forbidden or failing to do something which is required under the contract.. You should, therefore, do what you can to enable them to carry out their duties in an alternative location or from home, or else pay them as usual for the hours they would have worked.

If there is advanced warning of bad weather, and you know that all or most of your staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. will be unable to get to work or that you will not be able to operate, you can require your staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. to take the days as annual leavePaid time off work to which members of staff are entitled each year, also known as holiday leave.. However, where you require staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. to take leave on specific days, you must inform them at least twice the number of calendar days in advance as you wish for them to take. This will therefore only be a feasible option if you have been able to plan it in advance. For more information about annual leavePaid time off work to which members of staff are entitled each year, also known as holiday leave., see Dealing with annual leave.

Clearly, dealing with a staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member who has suffered a bereavement must be handled very sensitively.

An employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. is entitled to take a reasonable amount of unpaid time off to put arrangements in place following the death of a dependant, including their child, spouse or civil partner, partner living in the same household or parent. This might include arranging and attending the funeral, registering the death, or applying for probateThe legal process of dealing with the estate of a recently deceased person.. Agency workersStaff supplied by a recruitment agency to work for a business under a contract made between the agency and the business. , casual workersPeople hired to work on an as required basis, sometimes known as seasonal workers. and freelancersPeople, in business for themselves, who provide services to others. They may be individuals simply working under their own names, or may offer services through companies or partnerships. Sometimes known as consultants or independent contractors. are not entitled to this type of leave.

There is currently no general legal entitlement for any staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member to take compassionate leaveTime off work granted to someone for personal reasons (commonly, to deal with the death of a family member or friend). to deal with their grief as a result of a bereavement. However, some of your employeesIndividuals hired personally to work under contracts of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. may have the right to take statutory parental bereavement leaveA period of leave from work available to employees following the loss of a child under 18, or a stillbirth after 24 weeks of pregnancy. This right may also be referred to as 'Jack's Law'. following the loss of a child under 18, or a stillbirth after 24 weeks of pregnancy. For more information, see Q&A 14. If a staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member has a miscarriage or stillbirth before 24 weeks of pregnancy, they are not entitled to statutory parental bereavement leaveA period of leave from work available to employees following the loss of a child under 18, or a stillbirth after 24 weeks of pregnancy. This right may also be referred to as 'Jack's Law'. or pay, nor are they entitled to any statutory maternity leaveA period of leave from work available to pregnant women and women who have recently given birth, during which they are still entitled to the benefit of all terms in their contract of employment (except remuneration terms), and after which they are entitled to return to work. or pay (see Pregnant staff for more information). They may, of course, be entitled to sick leave and pay whilst they recover (see Payment during sickness absence for more information about this) and you may consider allowing them to take compassionate leaveTime off work granted to someone for personal reasons (commonly, to deal with the death of a family member or friend). to deal with their grief thereafter. Bear in mind that if a miscarriage happens in the first 24 weeks of pregnancy, your staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member is still protected under equality law for a further two week period. This means that you must be careful not to discriminate To treat someone differently directly or indirectly becasue of their age, disability, gender reassignment, marriage or civil partnership status, being pregnant and/or being on maternity leave, race, religion or belief, sex or sexual orientation.against them, for example if they take sickness absence that is pregnancy related during this time.

Many employersA people or businesses hiring one or more staff members. will, in any event, choose to offer some level of compassionate leaveTime off work granted to someone for personal reasons (commonly, to deal with the death of a family member or friend). , such as a certain number of paid days off work in the event of the death of a close relative. Make sure you check your staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. members' contracts and any relevant HR policy you have in place. Even if you have a specific policy, you should aimAlternative Investment Market, a sub-market on the London Stock Exchange for growing companies to be flexible in your approach, since grief is a process personal to each staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member and, depending on the situation, some staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. may need more or less than the amount of time you have stipulated. You should also be careful to ensure that you treat all staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. equally in your approach to allowing compassionate leaveTime off work granted to someone for personal reasons (commonly, to deal with the death of a family member or friend). to avoid any potential discriminationTreating someone differently directly or indirectly because of their age, disability, gender reassignment, marriage or civil partnership status, being pregnant and/or being on maternity leave, race, religion or belief, sex or sexual orientation. claims. Note that some religious faiths may require a period of mourning at home after a family member has died; these requests should be accommodated where possible.

While a staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member is on compassionate leaveTime off work granted to someone for personal reasons (commonly, to deal with the death of a family member or friend). , you should keep in contact with them to show your continued support and to allow you to best assess when it is suitable to return to work, while balancing this with giving them the space they need. You should also continue to support your staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. when they return to work, being mindful of their physical and emotional wellbeing. Note that if grief turns into anxiety or depression, your staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. may be entitled to take sick leave. For more information, see Dealing with sickness absence.

It is best practice to set out your policy for dealing with bereavement and compassionate leaveTime off work granted to someone for personal reasons (commonly, to deal with the death of a family member or friend). in your staff handbookA staff handbook is a manual provided to employees by an employer which usually contains information about company policies and procedures.. This should include when leave will be available, how much leave is offered and whether it is paid or unpaid. For a template policy, see Staff handbook and policies (you can choose to generate the policy either on its own or as part of a full staff handbookA staff handbook is a manual provided to employees by an employer which usually contains information about company policies and procedures.).

Statutory parental bereavement leaveA period of leave from work available to employees following the loss of a child under 18, or a stillbirth after 24 weeks of pregnancy. This right may also be referred to as 'Jack's Law'. is a period of leave from work available to certain staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. following the loss of a child under 18, or a stillbirth after 24 weeks of pregnancy. This right may also be referred to as 'Jack's Law'.

Only staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. who are employeesIndividuals hired personally to work under contracts of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. are eligible for parental bereavement leaveA period of leave from work available to employees following the loss of a child under 18, or a stillbirth after 24 weeks of pregnancy. This right may also be referred to as 'Jack's Law'. .

If any of your employeesIndividuals hired personally to work under contracts of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. loses a child under the age of 18 or their child is stillborn after 24 weeks' pregnancy, they will be eligible for parental bereavement leaveA period of leave from work available to employees following the loss of a child under 18, or a stillbirth after 24 weeks of pregnancy. This right may also be referred to as 'Jack's Law'. if, at the time of the child's death, one of the following applies:

1. they are the child's biological parent (unless an adoption or parental orderAn order made by a court allowing a couple who have had a child through a surrogacy arrangement, where one or both of them is genetically related to the child, to become the legal parents of that child. has been made and no contact order is in place with the biological parent);

2. the child had been placed with them for adoption;

3. in the case of an overseas adoption, the child lived with them and the employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. has a written notification from the relevant UKUnited Kingdom of Great Britain and Northern Ireland authority stating that it is prepared to issue, or has already sent, a certificate to the relevant overseas authority confirming that they have been approved as an adoptive parent;

4. the employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. is the intended parent of the child in a surrogacy arrangementAn arrangement whereby a couple has a child through IVF using a surrogate mother. and has applied or intended to apply for a parental orderAn order made by a court allowing a couple who have had a child through a surrogacy arrangement, where one or both of them is genetically related to the child, to become the legal parents of that child. (either alone or with a partner) within six months of the child's birth, and expected the court to make that order;

5. they are the child's parent in fact because the child lived with in their home for a continuous period of at least 4 weeks prior to the child's death and they had day to day responsibility for the child's care (unless one of the child's parents also lived in the household). Note that employeesIndividuals hired personally to work under contracts of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. will not be eligible if they were paid to look after the child, except in circumstances where they are paid by a local authorityAn administrative body in local government, responsible for the provision of public services in each district, borough or council. as a foster parent, are reimbursed for expenses incurred caring for the child, or receive payments under the terms of a will or trust; or

6. they are the partner of the child's parent, provided they live their partner and the child as part of an enduring family relationship.

Note that the death or stillbirth must have occurred on or after 6 April 2020.

Agency workersStaff supplied by a recruitment agency to work for a business under a contract made between the agency and the business. may be entitled to take parental bereavement leaveA period of leave from work available to employees following the loss of a child under 18, or a stillbirth after 24 weeks of pregnancy. This right may also be referred to as 'Jack's Law'. , if they are employed by an agency, but these workersStaff members who have an obligation to do their work personally for someone who is not their client or customer. will be the responsibility of the agency that employs them. If you use agency workersStaff supplied by a recruitment agency to work for a business under a contract made between the agency and the business. and one of your workersStaff members who have an obligation to do their work personally for someone who is not their client or customer. takes parental bereavement leaveA period of leave from work available to employees following the loss of a child under 18, or a stillbirth after 24 weeks of pregnancy. This right may also be referred to as 'Jack's Law'. , you will need to check your agreement with the agency to see whether the agency is obliged to provide cover for they period they are away.

No, casual workersPeople hired to work on an as required basis, sometimes known as seasonal workers. or freelancersPeople, in business for themselves, who provide services to others. They may be individuals simply working under their own names, or may offer services through companies or partnerships. Sometimes known as consultants or independent contractors. are not entitled to parental bereavement leaveA period of leave from work available to employees following the loss of a child under 18, or a stillbirth after 24 weeks of pregnancy. This right may also be referred to as 'Jack's Law'. , and will therefore need to take any time off as holiday or unpaid leave (unless you have a policy entitling them to paid bereavement leave). See Different types of staff for further information about different types of staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. and how to tell what type of staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member you have.

Eligible employeesIndividuals hired personally to work under contracts of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. can choose to take either one or two weeks' parental bereavement leaveA period of leave from work available to employees following the loss of a child under 18, or a stillbirth after 24 weeks of pregnancy. This right may also be referred to as 'Jack's Law'. . If they choose to take two weeks' leave, this can be taken consecutively or as two separate weeks of leave. Note that if your employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. loses more than one child, they are entitled to two weeks' leave per child.

Bear in mind that your business may choose to offer additional leave to staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. members who have suffered a bereavement over and above the minimum legal requirement. You should ensure that you comply with any relevant bereavement policy that you have in place.

Parental bereavement leaveA period of leave from work available to employees following the loss of a child under 18, or a stillbirth after 24 weeks of pregnancy. This right may also be referred to as 'Jack's Law'. can start at any point on or after the date of the child's death or stillbirth, but must finish within 56 weeks of that date. See Q&A Q&A 20 and following for information about the notice your staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. members are required to give you before taking leave.

Remember that if your employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. chooses to take two weeks of leave, these can be taken either as two consecutive weeks or two separate weeks at different times.

Yes.

Your employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. must provide you with notice of their intention to take parental bereavement leaveA period of leave from work available to employees following the loss of a child under 18, or a stillbirth after 24 weeks of pregnancy. This right may also be referred to as 'Jack's Law'. confirming the following:

1. the date of their child's death;

2. the date on which they would like their period of leave to start; and

3. whether they will be taking one or two weeks' leave.

The notice does not need to be provided in writing and can be given informally (eg by text message or email). You cannot require notice to be given in writing, nor can you ask for evidence of your staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member's entitlement to leave.

See Q&A Q&A 21 for guidance about how much notice your employeesIndividuals hired personally to work under contracts of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. need to give you.

The amount of notice your employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. needs to give you depends on how long ago their child died.

1. Notice requirements within eight weeks of their child's death

   If your employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. intends to take parental bereavement leaveA period of leave from work available to employees following the loss of a child under 18, or a stillbirth after 24 weeks of pregnancy. This right may also be referred to as 'Jack's Law'. within eight weeks of their child's death, they must provide you with notice before they are due to start work on the day that they want their leave to start. If that is not possible, they must give you notice as soon as it is reasonably practical for them to do so.

   Note that if your employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. has already started work on the day they give notice to start their bereavement leave, their period of leave will start on the next day.

2. Notice requirements after the first eight weeks of their child's death

   If your employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. intends to start their parental bereavement leaveA period of leave from work available to employees following the loss of a child under 18, or a stillbirth after 24 weeks of pregnancy. This right may also be referred to as 'Jack's Law'. over eight weeks after their child's death, they must give you notice at least one week before the start of their period of leave.

See Q&A 20 for guidance about what information must be included in the notice.

No. You cannot refuse requests for statutory parental bereavement leaveA period of leave from work available to employees following the loss of a child under 18, or a stillbirth after 24 weeks of pregnancy. This right may also be referred to as 'Jack's Law'. by eligible employeesIndividuals hired personally to work under contracts of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work.. See Q&A 15 for guidance about who is eligible.

Yes, provided that their leave has not already begun and they have given you more than the minimum level of notice required (as set out in Q&A 21). If they were eligible for statutory parental bereavement pay whilst on leave (see Q&A 25) they can cancel this at the same time.

To cancel their parental bereavement leaveA period of leave from work available to employees following the loss of a child under 18, or a stillbirth after 24 weeks of pregnancy. This right may also be referred to as 'Jack's Law'. and pay, your employeesIndividuals hired personally to work under contracts of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. must give you the following notice:

1. Notice requirement if their child died less than eight weeks ago

   If your employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. was due to take leave within eight weeks of their child dying, they can cancel their leave by giving you notice before the time that they would be due to start work on their first day of leave.

2. Notice requirement if their child died more than eight weeks ago

   If your employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. was due to take their leave over eight weeks after the death of their child, they must give you at least one week's notice to cancel that period of leave.

If your staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member was due to be paid two weeks' statutory parental bereavement pay, they can give you notice to cancel either one or both of those weeks

If they want to take cancelled leave at a later date, they will need to give you the requisite notice (see Q&A 21 for further guidance).

Yes, parental bereavement leaveA period of leave from work available to employees following the loss of a child under 18, or a stillbirth after 24 weeks of pregnancy. This right may also be referred to as 'Jack's Law'. always counts as part of the staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member's continuous serviceHow long a person has been employed without a break lasting at least a week. Time off work whilst still employed (eg annual leave, sick leave etc) does not count as a break..

In order to be eligible for statutory parental bereavement pay, your employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. must meet the criteria for parental bereavement leaveA period of leave from work available to employees following the loss of a child under 18, or a stillbirth after 24 weeks of pregnancy. This right may also be referred to as 'Jack's Law'. set out in Q&A 15 as well as the following:

1. they had been employed by you for a continuous period of at least 26 weeks on the Saturday before their child's death or stillbirth;

2. they are still employed by you at the date of the child's death or stillbirth;

3. they have earned at least £125 per week (before tax) on average over the eight weeks before the Saturday before their child's death; and

4. they give you the relevant notice set out in Q&A 21.

They will also need to provide you with certain information in writing; see Q&A 27.

Note that casual workersPeople hired to work on an as required basis, sometimes known as seasonal workers. who meet the above criteria may also be entitled to statutory parental bereavement pay, however because they are not automatically entitled to parental bereavement leaveA period of leave from work available to employees following the loss of a child under 18, or a stillbirth after 24 weeks of pregnancy. This right may also be referred to as 'Jack's Law'. , they will only be able to take advantage of parental bereavement pay if they have a contractual right to take parental bereavement leaveA period of leave from work available to employees following the loss of a child under 18, or a stillbirth after 24 weeks of pregnancy. This right may also be referred to as 'Jack's Law'. .

The rate of statutory parental bereavement pay is £187.18 per week or 90% of the employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work.'s normal weekly earnings, whichever is the lower amount.

To claim statutory parental bereavement pay, your employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. will need to provide you with the following information (in writing):

1. their name;

2. the date of their child's death;

3. the week(s) of parental bereavement leaveA period of leave from work available to employees following the loss of a child under 18, or a stillbirth after 24 weeks of pregnancy. This right may also be referred to as 'Jack's Law'. they want to claim statutory parental bereavement pay for; and

4. a declaration that they are eligible because of their relationship to the child or baby.

This information must be provided within 28 days of them taking parental bereavement leaveA period of leave from work available to employees following the loss of a child under 18, or a stillbirth after 24 weeks of pregnancy. This right may also be referred to as 'Jack's Law'. (starting with the first day of the week they want to claim for), or if that is not reasonably practicableProportionate action in the circumstances - weighing up the benefit against the time, trouble and expense involved., as soon as reasonably possible.

Yes, if you determine that your staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member does not qualify.

To do so, you should send them a completed Form SPBP1 within 28 days of their request.

You should keep a record of your refusal and your reasoning. Note that if your staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member does not agree with your decision, they have 6 months from the date that they requested the pay to start from contact HMRCHis Majesty’s Revenue and Customs. The government authority which oversees tax and customs. to appeal it.

You should pay statutory parental bereavement leaveA period of leave from work available to employees following the loss of a child under 18, or a stillbirth after 24 weeks of pregnancy. This right may also be referred to as 'Jack's Law'. pay in the same way as you would normally pay your employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work., such as through the payroll at the end of the month.

Statutory parental bereavement leaveA period of leave from work available to employees following the loss of a child under 18, or a stillbirth after 24 weeks of pregnancy. This right may also be referred to as 'Jack's Law'. pay is subject to deductions for National InsuranceCompulsory payments which must be made by both employers and workers for the worker to qualify for certain benefits, like state pensions. and income taxTax deductible on an individual's income. Not all income is taxable, as individuals have an annual personal allowance which is the amount they are allowed to earn before they are eligible to be taxed, and they may also benefit from other allowances and relief. The amount left is referred to as taxable income.. See Q&A 35 for further information about recovering parental bereavement leaveA period of leave from work available to employees following the loss of a child under 18, or a stillbirth after 24 weeks of pregnancy. This right may also be referred to as 'Jack's Law'. pay.

You will need to keep certain records about the parental bereavement leaveA period of leave from work available to employees following the loss of a child under 18, or a stillbirth after 24 weeks of pregnancy. This right may also be referred to as 'Jack's Law'. pay that you have paid; see Q&A 36.

The statutory parental bereavement pay rate is £187.18 per week or 90% of the employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work.'s normal weekly earnings, whichever is the lower amount.

If you pay your employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. a salary, you may know immediately that 90% of their normal weekly earnings equates to more than £187.18 and that they are therefore entitled to that amount.

However, if you need to identify the employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work.'s normal weekly earnings in order to assess what they need to be paid, this will involve making a specific calculation.

You make the calculation as follows:

1. Find out the last pay day before the Saturday of the week immediately before the week in which the child died. Then find the last pay day to fall at least eight weeks before that date.

2. You will then need to calculate the average amount the employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. earns each between between the day following the first pay day you have identified and the final day you have identified. The calculation will differ depending upon whether the employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. is paid monthly or not:

   1. if the employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. is paid monthly, you simply take the amount the employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. has earned on each of the two pay days which fall within this period, add the figures together and divide the total by two. You then multiply this amount by 12 to reach an annual earnings figure, and divide the total by 52 to reach a weekly earnings figure.

   2. if the employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. is not paid monthly, you calculate the amount the employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. has earned within this period and divide this amount by the number of days in the period, to give a daily earnings figure. You then multiply this figure by seven to give a normal weekly earnings figure.

3. when you are assessing the employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work.'s earnings, you must look at their gross earnings (ie before tax) and include any remuneration or profit they derive from their employment, including salary, commission or bonus and holiday or sick payPayment made by an employer to a staff member during the staff member's time off work due to illness or disability., for example. You do not include tips, non-monetary benefits (eg staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. accommodation), pension contributions, or reimbursement of work expenses.

If your employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. is sick during their period of statutory parental bereavement leaveA period of leave from work available to employees following the loss of a child under 18, or a stillbirth after 24 weeks of pregnancy. This right may also be referred to as 'Jack's Law'. , you should pay them SSPStatutory sick pay: A sum of money that certain members of staff are entitled to if they cannot work because of sickness. for any period of sickness absence that they are entitled to it, rather than statutory parental bereavement pay. For guidance about when your staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. are entitled to SSPStatutory sick pay: A sum of money that certain members of staff are entitled to if they cannot work because of sickness., see Payment during sickness absence.

In such cases, you must give your employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. a completed Form SPBP1. Make sure you keep a copy of their declaration of entitlement to statutory parental bereavement pay (see Q&A 36) as you may need this to deal with future requests for periods of pay.

The rights outlined in Q&A 26 are the minimum which you must provide. However, you can choose to provide a more generous, enhanced level of pay. If you do offer more leave and/or pay, you will only be able to recover two weeks' pay at the statutory rate set out in Q&A 25.

Note that, on or before the date they start working for you, you must provide your employeesIndividuals hired personally to work under contracts of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. and workersStaff members who have an obligation to do their work personally for someone who is not their client or customer. with details in writing about any paid leave or benefits that they are entitled to while working for you. See Employment Contracts for more information about this requirement.

No. If your companyA private company limited by shares incorporated and registered in England and Wales. has agreed to pay enhanced parental bereavement leaveA period of leave from work available to employees following the loss of a child under 18, or a stillbirth after 24 weeks of pregnancy. This right may also be referred to as 'Jack's Law'. pay to employeesIndividuals hired personally to work under contracts of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. during a period of their leave, then they will take this instead of the statutory minimum during that period; for example, if you offer three weeks' parental bereavement leaveA period of leave from work available to employees following the loss of a child under 18, or a stillbirth after 24 weeks of pregnancy. This right may also be referred to as 'Jack's Law'. on full pay, then your staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. will not be entitled to claim statutory parental bereavement pay on top of this during that period.

Yes. You can recover at least 92% of your statutory parental bereavement leaveA period of leave from work available to employees following the loss of a child under 18, or a stillbirth after 24 weeks of pregnancy. This right may also be referred to as 'Jack's Law'. payments from HMRCHis Majesty’s Revenue and Customs. The government authority which oversees tax and customs., or the full amount if your National InsuranceCompulsory payments which must be made by both employers and workers for the worker to qualify for certain benefits, like state pensions. bill will be less than £45,000 that year. If your employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. is entitled to enhanced parental bereavement leaveA period of leave from work available to employees following the loss of a child under 18, or a stillbirth after 24 weeks of pregnancy. This right may also be referred to as 'Jack's Law'. pay, you will still be able to recover the statutory portion of those payments.

To recover statutory parental bereavement pay payments, you must submit an EmployerA person or business hiring one or more staff members. Payment Summary to HMRCHis Majesty’s Revenue and Customs. The government authority which oversees tax and customs. by the 19th of the following tax month. This will usually be a feature of your payroll software, so you should follow the software's instructions for how to do this. Alternatively, if you have an accountant, they will be able to help you with submitting your EmployerA person or business hiring one or more staff members. Payment Summary.

Usually, HMRCHis Majesty’s Revenue and Customs. The government authority which oversees tax and customs. will deduct the relevant amount from your next National InsuranceCompulsory payments which must be made by both employers and workers for the worker to qualify for certain benefits, like state pensions. contribution payment, but you can write to them to request a repayment instead if you are for some reason unable to offset the payment against your National Insurance contributionsCompulsory payments which must be made by both employers and workers for the worker to qualify for certain benefits, like state pensions.. If you are unable to make your statutory parental bereavement pay payments (despite being able to recover them later), you may be able to apply for an advance payment from HMRCHis Majesty’s Revenue and Customs. The government authority which oversees tax and customs. to cover the amount you would otherwise be able to recover. You can apply on the government website (you will need your Government Gateway login information to start the process).

Whenever you pay staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. members statutory parental bereavement pay, you must keep the following records for HMRCHis Majesty’s Revenue and Customs. The government authority which oversees tax and customs. for at least 3 years from the end of the tax year that they relate to:

1. the start date of any periods you made payments for;

2. what payments you made (including dates);

3. a copy of your staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member's claim for pay (including their evidence of entitlement, name and date of the child's death or stillbirth); and

4. details of any other weeks for which your staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member claimed statutory parental bereavement pay but during which you did not pay this, including your reasons why.

Eligible staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. members are legally entitled to time off following the death of their child or a stillbirth after 24 weeks; you cannot insist that a staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member works for you during this time and you must not subject them to any detriment for exercising their right to take time off and not come into work.

Bearing this in mind, it is a matter for your discretion whether you contact the staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member during their period of leave (for example, if there is an emergency); as with other types of leave, it is recommended that you allow your employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. to have uninterrupted time off during this difficult period and avoid contacting them unless it is essential.

An employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. cannot extend their period of parental bereavement leaveA period of leave from work available to employees following the loss of a child under 18, or a stillbirth after 24 weeks of pregnancy. This right may also be referred to as 'Jack's Law'. beyond two weeks unless you use have a policy that says that they can, or you allow it on a discretionary basis.

Yes. EmployeesIndividuals hired personally to work under contracts of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. who are taking parental bereavement leaveA period of leave from work available to employees following the loss of a child under 18, or a stillbirth after 24 weeks of pregnancy. This right may also be referred to as 'Jack's Law'. are entitled to benefit from all of the other terms and conditions of their employment besides their pay (which means their wages or salary). For example, they will continue to accrue holiday and you must continue to permit them to use the work gym, retain work discounts, keep any work car/vehicle, and continue to pay their pension.

This depends on whether the employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. is taking their parental bereavement leaveA period of leave from work available to employees following the loss of a child under 18, or a stillbirth after 24 weeks of pregnancy. This right may also be referred to as 'Jack's Law'. on its own or in addition to another period of leave.

EmployeesIndividuals hired personally to work under contracts of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. are entitled to return to the same job they had before they left in the following circumstances:

1. they take an isolated period of parental bereavement leaveA period of leave from work available to employees following the loss of a child under 18, or a stillbirth after 24 weeks of pregnancy. This right may also be referred to as 'Jack's Law'. ; or

2. they took their parental bereavement leaveA period of leave from work available to employees following the loss of a child under 18, or a stillbirth after 24 weeks of pregnancy. This right may also be referred to as 'Jack's Law'. after one or more blocks of other statutory leave (eg maternity leaveA period of leave from work available to pregnant women and women who have recently given birth, during which they are still entitled to the benefit of all terms in their contract of employment (except remuneration terms), and after which they are entitled to return to work., adoption leaveA period of leave from work available to certain members of staff who have adopted a child through an adoption agency or who have had a child through a surrogacy arrangement, during which they are still entitled to the benefit of all terms in their contract of employment (expect remuneration terms) and after which they are entitled to return to work., paternity leaveA period of leave from work available to certain staff members in order to care for a new born child or support the child's mother., shared parental leaveA process by which certain members of staff who are parents of a newborn or recently adopted child can share a period of leave from work to care for their child, provided certain criteria are met. During this time, they will be entitled to the benefit of all terms in their contract of employment (except remuneration terms) and afterwards they are entitled to return to work. or parental leaveA period of leave from work available to employees with children under the age of 18, in order to allow them to care for their children.), provided that:

   1. this does not include a block of more than four weeks of parental leaveA period of leave from work available to employees with children under the age of 18, in order to allow them to care for their children.; or

   2. the total amount of leave taken in respect of the child in question is 26 weeks or less.

This means that the employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. must have the same level of seniority, same benefits (eg pension rights) and at least equivalent terms and conditions of employment.

If the above criteria do not apply, your employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. is entitled to return to their previous job unless this is not reasonably practicableProportionate action in the circumstances - weighing up the benefit against the time, trouble and expense involved., in which case you can offer them a different job which is suitable and appropriate in the circumstances.

It is important that you facilitate an employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work.'s return to work in accordance with these rules. If you do not, then they may be able to bring a claim against you for unfair dismissalWhen an employee is dismissed without good reason or without following the proper procedure. Tribunal awards for unfair dismissal are up to one year's gross pay, currently capped at £93,878. or detrimental treatment.

If an employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. on parental bereavement leaveA period of leave from work available to employees following the loss of a child under 18, or a stillbirth after 24 weeks of pregnancy. This right may also be referred to as 'Jack's Law'. indicates that they do not intend to return to work after the period of leave finishes, you should be very cautious about treating this as a resignation. You should treat an employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. on parental bereavement leaveA period of leave from work available to employees following the loss of a child under 18, or a stillbirth after 24 weeks of pregnancy. This right may also be referred to as 'Jack's Law'. as employed unless and until they give clear notice of resignation, preferably in writing. This is because if you take steps to bring an end to the employment in the absence of clear notice, this can count as dismissal. This will bring with it the possibility of the employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. suing you for unfair dismissalWhen an employee is dismissed without good reason or without following the proper procedure. Tribunal awards for unfair dismissal are up to one year's gross pay, currently capped at £93,878..

Bear in mind that even if your employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. indicates that they will not be returning to work, you must still pay them any statutory parental bereavement pay that they are entitled to.

If your employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. is already on another type of statutory leave when the death or stillbirth happens, their parental bereavement leaveA period of leave from work available to employees following the loss of a child under 18, or a stillbirth after 24 weeks of pregnancy. This right may also be referred to as 'Jack's Law'. must begin at the end of that other period of leave (even if the leave relates to another child). Note that if your employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. is on statutory adoption leaveA period of leave from work available to certain members of staff who have adopted a child through an adoption agency or who have had a child through a surrogacy arrangement, during which they are still entitled to the benefit of all terms in their contract of employment (expect remuneration terms) and after which they are entitled to return to work. and their newly adopted child dies, their adoption leaveA period of leave from work available to certain members of staff who have adopted a child through an adoption agency or who have had a child through a surrogacy arrangement, during which they are still entitled to the benefit of all terms in their contract of employment (expect remuneration terms) and after which they are entitled to return to work. period will end eight weeks after the week of the child's death.

Yes.

Where an employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work.'s period of parental bereavement leaveA period of leave from work available to employees following the loss of a child under 18, or a stillbirth after 24 weeks of pregnancy. This right may also be referred to as 'Jack's Law'. has commenced, but before that period is due to end, another period of statutory leave (eg maternity leaveA period of leave from work available to pregnant women and women who have recently given birth, during which they are still entitled to the benefit of all terms in their contract of employment (except remuneration terms), and after which they are entitled to return to work.) begins, their parental bereavement leaveA period of leave from work available to employees following the loss of a child under 18, or a stillbirth after 24 weeks of pregnancy. This right may also be referred to as 'Jack's Law'. will end immediately before the start of that other period of leave.

If they have any remaining entitlement to parental bereavement leaveA period of leave from work available to employees following the loss of a child under 18, or a stillbirth after 24 weeks of pregnancy. This right may also be referred to as 'Jack's Law'. , it can be taken after the end of the other period of statutory leave as a single consecutive period, provided that this is still within 56 weeks after their child's death and they give you the relevant notice (see Q&A 21).

Neonatal care leaveA period of leave from work available to certain employees whose children are receiving neonatal care. They may also be entitled to neonatal care pay during this time. is available to any employeesIndividuals hired personally to work under contracts of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. who are parents of a sick new-born who needs medical care. For who counts as an employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. for this purpose see Q&A 46, and for qualifying type of medical care, see Q&A 47.

A mother, father, or actual or intended adoptive parent of the child is classed as a parent for neonatal care leaveA period of leave from work available to certain employees whose children are receiving neonatal care. They may also be entitled to neonatal care pay during this time. if they expect to have responsibility for the upbringing of the child.

The mother’s partner can qualify if they:

1. live with the mother; and

2. will have the main responsibility for the upbringing of the child (other than the mother’s responsibility).

An adoptive parent’s partner can qualify if they:

1. live with the adoptive parent; and

1. will have the main responsibility for the upbringing of the child (other than their partner’s responsibility).

All employeesIndividuals hired personally to work under contracts of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. are eligible for neonatal care leaveA period of leave from work available to certain employees whose children are receiving neonatal care. They may also be entitled to neonatal care pay during this time., provided the other criteria are met, for example as to the nature of their relationship to the child (see Q&A 45).

Agency workersStaff supplied by a recruitment agency to work for a business under a contract made between the agency and the business. may be entitled to neonatal care leaveA period of leave from work available to certain employees whose children are receiving neonatal care. They may also be entitled to neonatal care pay during this time. if they are employed by an agency. These workersStaff members who have an obligation to do their work personally for someone who is not their client or customer. will be the responsibility of the agency that employs them. If you have an agency workerStaff supplied by a recruitment agency to work for a business under a contract made between the agency and the business. who you think might have a child receiving neonatal care, you should discuss arrangements with their agency.

Casual workersPeople hired to work on an as required basis, sometimes known as seasonal workers. and freelancersPeople, in business for themselves, who provide services to others. They may be individuals simply working under their own names, or may offer services through companies or partnerships. Sometimes known as consultants or independent contractors. are not entitled to neonatal care leaveA period of leave from work available to certain employees whose children are receiving neonatal care. They may also be entitled to neonatal care pay during this time., unless a right to it is included in their contract with you. See Different types of staff for further information on types of staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. and how to tell what type of staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member you have.

For parents to qualify for neonatal care leaveA period of leave from work available to certain employees whose children are receiving neonatal care. They may also be entitled to neonatal care pay during this time., their child must be admitted to neonatal care any time up to 28 days old, counted from the day after birth. The care must last for at least seven consecutive days, starting the day after admission.

For example, if the child is admitted on day one, care must continue throughout days two to eight for the parents to become eligible for neonatal care leaveA period of leave from work available to certain employees whose children are receiving neonatal care. They may also be entitled to neonatal care pay during this time. on day nine.

'Neonatal care’ means:

1. hospital care, including maternity homes, clinics and outpatient departments;

1. medical care following on from inpatient hospital treatment, provided it is directed by a consultantA person, in business for himself, who provides services to others. He may be an individual simply working under his own name, or may offer services through a company or partnership. Sometimes known as a freelancer or independent contractor. and includes ongoing monitoring and visits to the child; or

1. palliative or end of life care.

A parent can accrue leave entitlement on separate occasions the child is admitted to neonatal care.

In the case of adoptions, time only starts running on qualifying care from the day after placement or entry into Great Britain.

Neonatal care leaveA period of leave from work available to certain employees whose children are receiving neonatal care. They may also be entitled to neonatal care pay during this time. can be taken in one-week blocks for each full week that the child receives neonatal care, ie the minimum length of leave is seven days.

The maximum amount of leave is 12 weeks. It must all be taken within 68 weeks of birth to attend to the care needs of the child. A week means any seven-day period.

StaffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. members remain entitled to benefit from all the terms of their contract of employmentA contract between employer and employee which sets out the rights and responsibilities of both. (except pay) during their leave and have the right to return to work afterward.

For information about neonatal care pay, see Q&A 60 and following.

The earliest neonatal care leaveA period of leave from work available to certain employees whose children are receiving neonatal care. They may also be entitled to neonatal care pay during this time. can be taken is after the first seven full days of care. For example, if the child is admitted to hospital on day one, care must continue throughout days two to eight for the parents to be able to start neonatal care leaveA period of leave from work available to certain employees whose children are receiving neonatal care. They may also be entitled to neonatal care pay during this time. on day nine.

However, leave does not have to be taken at the time the child is receiving neonatal care. It can be taken at any time after accrual, up to 68 weeks after the child’s birth. For example, new mothers may choose to add the neonatal care leaveA period of leave from work available to certain employees whose children are receiving neonatal care. They may also be entitled to neonatal care pay during this time. to the end of their planned period of maternity leaveA period of leave from work available to pregnant women and women who have recently given birth, during which they are still entitled to the benefit of all terms in their contract of employment (except remuneration terms), and after which they are entitled to return to work..

For more information on how neonatal care leaveA period of leave from work available to certain employees whose children are receiving neonatal care. They may also be entitled to neonatal care pay during this time. interacts with other types of family leaveLeave taken by a member of staff in order to care for a child, including maternity, paternity, adoption, shared parental and parental leave such as maternity leaveA period of leave from work available to pregnant women and women who have recently given birth, during which they are still entitled to the benefit of all terms in their contract of employment (except remuneration terms), and after which they are entitled to return to work., see Q&A 56.

Your employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. must give you notice of when they want to take neonatal care leaveA period of leave from work available to certain employees whose children are receiving neonatal care. They may also be entitled to neonatal care pay during this time., although you can waiveTo give up or abandon a legal right. this requirement. For details of the notice requirements, see Q&A 52 and following.

It depends on where the child is in their neonatal care journey.

If the child is still receiving care or only stopped receiving care within the last seven days, your employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. can take their neonatal care leaveA period of leave from work available to certain employees whose children are receiving neonatal care. They may also be entitled to neonatal care pay during this time. in non-consecutive blocks of at least one week.

At any other time up to the limit of 68 weeks from birth, neonatal care leaveA period of leave from work available to certain employees whose children are receiving neonatal care. They may also be entitled to neonatal care pay during this time. must be taken in one continuous block.

Yes, your employeesIndividuals hired personally to work under contracts of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. must give you notice of their intention to take neonatal care leaveA period of leave from work available to certain employees whose children are receiving neonatal care. They may also be entitled to neonatal care pay during this time., unless you have agreed otherwise. For how much notice is required and what should be included in the notice, see Q&A 51 and Q&A 52 respectively.

Unless otherwise agreed, the length of notice depends on the stage of the child’s care.

If the child is still receiving care or only stopped receiving care within the last seven days, notice must be given before the employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. is due to start work or as soon as practicably possible thereafter. It is most likely to be the father or partner of the mother who take leave at this time as the mother will usually already be on maternity leaveA period of leave from work available to pregnant women and women who have recently given birth, during which they are still entitled to the benefit of all terms in their contract of employment (except remuneration terms), and after which they are entitled to return to work. and will take her neonatal care leaveA period of leave from work available to certain employees whose children are receiving neonatal care. They may also be entitled to neonatal care pay during this time. when it ends.

At any other time, the notice period(1) The length of time in advance which a notice must be given before it can take effect (2) The requirement to inform employees that they are being dismissed a certain amount of time in advance of their last day of employment. depends on the length of leave being taken. For a single week of leave, 15 days’ notice is required. For two or more weeks, the notice period(1) The length of time in advance which a notice must be given before it can take effect (2) The requirement to inform employees that they are being dismissed a certain amount of time in advance of their last day of employment. is 28 days.

You are free to waiveTo give up or abandon a legal right. these requirements, and given the sensitivities surrounding neonatal care, it may often be sensible to do so.

Unless otherwise agreed, the notice must include:

1. the employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work.’s name;

2. the date of birth of the child;

3. the start date of neonatal care (and end date if applicable);

4. the start date of leave;

5. the number of weeks intended to be taken as leave; and

6. any intention to claim neonatal care pay.

If it is the first time notice is given, your employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. also needs to confirm that their relationship with the child qualifies them for neonatal care leaveA period of leave from work available to certain employees whose children are receiving neonatal care. They may also be entitled to neonatal care pay during this time..

Notice must be in writing, unless the child is still receiving care or only stopped receiving care within the last seven days. Note, however, that if the employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. wants to claim neonatal care pay to cover the same period, then notice does need to be in writing.

Yes, in most cases. A parent is entitled to separately accrue neonatal care leaveA period of leave from work available to certain employees whose children are receiving neonatal care. They may also be entitled to neonatal care pay during this time. in respect of more than one child except for any period where the affected children receive neonatal care at the same time. However, the overall maximum entitlement of 12 weeks remains the same.

The entitlement to neonatal care leaveA period of leave from work available to certain employees whose children are receiving neonatal care. They may also be entitled to neonatal care pay during this time. accrues with the start of neonatal care in respect of any child.

For example, if twin A is admitted to neonatal care for days 1 to 20 and twin B is admitted for days 10 to 30, the amount of leave accrued is the same as for a parent with one child admitted for days 1 to 30. The parents do not get double the amount of leave for the period that both twins were receiving neonatal care.

Yes, an employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. is still entitled to take any accrued neonatal care leaveA period of leave from work available to certain employees whose children are receiving neonatal care. They may also be entitled to neonatal care pay during this time. if the child dies.

They may also be entitled to take other kinds of leave, such as bereavement leave. For more information see Bereavement leave.

Neonatal care leaveA period of leave from work available to certain employees whose children are receiving neonatal care. They may also be entitled to neonatal care pay during this time. provides an additional period of leave to qualifying parents. It does not reduce their entitlement to take any other type of leave, such as maternity leaveA period of leave from work available to pregnant women and women who have recently given birth, during which they are still entitled to the benefit of all terms in their contract of employment (except remuneration terms), and after which they are entitled to return to work.. It is likely that most employeesIndividuals hired personally to work under contracts of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. taking maternity leaveA period of leave from work available to pregnant women and women who have recently given birth, during which they are still entitled to the benefit of all terms in their contract of employment (except remuneration terms), and after which they are entitled to return to work. who are also entitled to neonatal care leaveA period of leave from work available to certain employees whose children are receiving neonatal care. They may also be entitled to neonatal care pay during this time. will simply switch to neonatal care leaveA period of leave from work available to certain employees whose children are receiving neonatal care. They may also be entitled to neonatal care pay during this time. (and pay) at 39 weeks when their statutory maternity payA sum of money that certain employees are entitled to whilst they are on maternity leave. entitlement ends, or at 52 weeks if they wish to maximise the amount of time with their child.

Note that taking other leave during a period of neonatal care leaveA period of leave from work available to certain employees whose children are receiving neonatal care. They may also be entitled to neonatal care pay during this time. may affect an employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work.’s right to return: see Q&A 57.

It depends on the length of time your employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. is away from work.

You must give an employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. the same job as before if they have taken:

1. an isolated period of neonatal care leaveA period of leave from work available to certain employees whose children are receiving neonatal care. They may also be entitled to neonatal care pay during this time.; or

2. a period of statutory leave (eg maternity or paternity, but excluding parental leaveA period of leave from work available to employees with children under the age of 18, in order to allow them to care for their children.) which, when combined with the neonatal care leaveA period of leave from work available to certain employees whose children are receiving neonatal care. They may also be entitled to neonatal care pay during this time., does not add up to over 26 weeks of leave.

If your employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. returns to work after a period longer than 26 weeks of leave, you must still give them the same job unless it is not reasonably practicableProportionate action in the circumstances - weighing up the benefit against the time, trouble and expense involved.; in which case they are entitled to return to an appropriate alternative role. The alternative role must be at the same level of seniority, with terms and conditions that are not less favourable than those which would have applied if the employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. had not taken the leave.

For more on returning to work from maternity leaveA period of leave from work available to pregnant women and women who have recently given birth, during which they are still entitled to the benefit of all terms in their contract of employment (except remuneration terms), and after which they are entitled to return to work., see Returning to work after maternity leave.

EmployeesIndividuals hired personally to work under contracts of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. who take neonatal care leaveA period of leave from work available to certain employees whose children are receiving neonatal care. They may also be entitled to neonatal care pay during this time. are entitled to the benefit of all terms and conditions of employment.

EmployeesIndividuals hired personally to work under contracts of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. who take neonatal care leaveA period of leave from work available to certain employees whose children are receiving neonatal care. They may also be entitled to neonatal care pay during this time. are also protected from any detriment in relation to their decision to take neonatal care leaveA period of leave from work available to certain employees whose children are receiving neonatal care. They may also be entitled to neonatal care pay during this time.. Detriment means any unfavourable treatment short of dismissal (against which the employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. also has protections, for which see below). For example, you cannot usually deny the employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. a pay rise, bonus or promotion because they took neonatal care leaveA period of leave from work available to certain employees whose children are receiving neonatal care. They may also be entitled to neonatal care pay during this time..

Additionally, you cannot dismiss an employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. for taking neonatal care leaveA period of leave from work available to certain employees whose children are receiving neonatal care. They may also be entitled to neonatal care pay during this time. as it will be considered an unfair dismissalWhen an employee is dismissed without good reason or without following the proper procedure. Tribunal awards for unfair dismissal are up to one year's gross pay, currently capped at £93,878..

For information on the rights of your employeesIndividuals hired personally to work under contracts of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. to return to work following neonatal care leaveA period of leave from work available to certain employees whose children are receiving neonatal care. They may also be entitled to neonatal care pay during this time., see Q&A 57.

For the protection of such employeesIndividuals hired personally to work under contracts of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. against redundancyWhen a staff member is dismissed because his role is no longer needed., see Q&A 59.

Yes, if it is a genuine redundancyWhen a staff member is dismissed because his role is no longer needed., but you must be very careful when doing so.

You cannot select an employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. for redundancyWhen a staff member is dismissed because his role is no longer needed. because they have gone on neonatal care leaveA period of leave from work available to certain employees whose children are receiving neonatal care. They may also be entitled to neonatal care pay during this time.. It is unlawful to make someone redundant for this reason and you could face a legal claim eg for unfair dismissalWhen an employee is dismissed without good reason or without following the proper procedure. Tribunal awards for unfair dismissal are up to one year's gross pay, currently capped at £93,878..

Even if there is a genuine redundancyWhen a staff member is dismissed because his role is no longer needed. situation in relation to an employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. on neonatal care leaveA period of leave from work available to certain employees whose children are receiving neonatal care. They may also be entitled to neonatal care pay during this time., there are special protections for such an employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work.. You are legally required to offer the employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. an alternative role that is suitable and appropriate in the circumstances, if one is available. The effect of this is if there is a role that is potentially suitable for two employeesIndividuals hired personally to work under contracts of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. who are to be made redundant, one of whom is on neonatal care leaveA period of leave from work available to certain employees whose children are receiving neonatal care. They may also be entitled to neonatal care pay during this time., you must offer it to that employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. first.

If the employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. has taken six consecutive weeks or more neonatal care leaveA period of leave from work available to certain employees whose children are receiving neonatal care. They may also be entitled to neonatal care pay during this time., these protections last until the child is 18 months old. In the case of adoptions, the 18-month period is measured from the date of placement or, for overseas adoptions, the date the child entered the country.

If there is no suitable available vacancy that you can offer the employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work., you can make them redundant and their leave period will come to an end.

The employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. may be entitled to a redundancy paymentMoney paid to a staff member because he is being made redundant. where this happens.

For more information about redundancyWhen a staff member is dismissed because his role is no longer needed., including what counts as a redundancyWhen a staff member is dismissed because his role is no longer needed. situation, the process you will need to follow and what counts as a suitable alternative job, see Redundancy process.

Statutory neonatal care payA sum of money that certain employees are entitled to whilst they are on neonatal care leave. is either £187.18 per week or 90% of your employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work.’s normal weekly earnings, whichever is less.

You are free to offer your employeesIndividuals hired personally to work under contracts of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. enhanced neonatal care pay but note that only the statutory amount can be recovered by your business from HMRCHis Majesty’s Revenue and Customs. The government authority which oversees tax and customs.. See Q&A 67 for how to go about claiming neonatal care pay back from HMRCHis Majesty’s Revenue and Customs. The government authority which oversees tax and customs..

For more on eligibility for neonatal care leaveA period of leave from work available to certain employees whose children are receiving neonatal care. They may also be entitled to neonatal care pay during this time. see Q&A 44 and following.

You must pay neonatal care pay in one-week blocks for each week that your employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. takes neonatal care leaveA period of leave from work available to certain employees whose children are receiving neonatal care. They may also be entitled to neonatal care pay during this time..

Like neonatal care leaveA period of leave from work available to certain employees whose children are receiving neonatal care. They may also be entitled to neonatal care pay during this time., neonatal care pay can be taken in non-consecutive blocks whilst the child is still receiving care and up to seven days after care ends. Thereafter, any period of neonatal care pay must be taken in one continuous block.

Neonatal care pay must be taken within 68 weeks of the birth of child and for a maximum period of 12 weeks.

Note that not everyone who qualifies for neonatal care leaveA period of leave from work available to certain employees whose children are receiving neonatal care. They may also be entitled to neonatal care pay during this time. is entitled neonatal care pay. For details of who qualifies for neonatal care pay, see Q&A 60.

Yes, your employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. must give you notice of their intention to take neonatal care pay, unless you agree otherwise. The period of notice depends on the length of time the neonatal care pay covers and the stage of the child’s care it starts. See Q&A 64 for how much notice is required and Q&A 65 for what the notice should say.

Unless you agree otherwise, the period of notice depends on the stage of the child’s care.

For pay claimed whilst the child is still receiving care or within seven days of care ending, the notice must be given within 28 days of the start of the pay week to which it relates.

For pay is claimed for a period more than seven days after the child has stopped receiving care:

If the notice relates to a single week of pay, it must be given at least 15 days before the start of the pay week to which it relates.

If the notice relates to a more than a single week of pay, the notice must be given no later than 28 days before the beginning of the pay week to which it relates.

Once neonatal care pay has been claimed, unless agreed otherwise, your employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. must give you notice when the child stops receiving care as soon as they reasonably can.

Unless you agree otherwise, the notice must be given in writing and include:

1. the employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work.’s name;

2. the date of birth of the child;

3. the start date of neonatal care (and end date if applicable); and

4. a declaration that your employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. has cared for or intends to care for the child during the period of the claim for neonatal care pay.

If it is the first time notice is given, your employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. also needs to confirm that their relationship with the child qualifies them for neonatal care leaveA period of leave from work available to certain employees whose children are receiving neonatal care. They may also be entitled to neonatal care pay during this time..

There is no particular form to use; a letter or an email including the above information is fine.

Yes, you can recover statutory neonatal care payments from HMRCHis Majesty’s Revenue and Customs. The government authority which oversees tax and customs.. You cannot claim any enhanced sum that you may choose to pay to your employeesIndividuals hired personally to work under contracts of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work..

As with all statutory parental payments, you can recover 103% of sums paid out for statutory neonatal care payA sum of money that certain employees are entitled to whilst they are on neonatal care leave. if you qualify for Small EmployersA people or businesses hiring one or more staff members.’ Relief. You must satisfy certain conditions for this, most notably that your National InsuranceCompulsory payments which must be made by both employers and workers for the worker to qualify for certain benefits, like state pensions. bill will be less than £45,000 that year.

To recover neonatal care payments, you must submit an EmployerA person or business hiring one or more staff members. Payment Summary to HMRCHis Majesty’s Revenue and Customs. The government authority which oversees tax and customs. by the 19th of the following tax month. This will usually be a feature of your payroll software, so you should follow the software's instructions for how to do this. Alternatively, if you have an accountant, they will be able to help you with submitting your EmployerA person or business hiring one or more staff members. Payment Summary.

Usually, HMRCHis Majesty’s Revenue and Customs. The government authority which oversees tax and customs. will deduct the relevant amount from your next National InsuranceCompulsory payments which must be made by both employers and workers for the worker to qualify for certain benefits, like state pensions. contribution payment, but you can write to them to request a repayment instead if you are for some reason unable to offset the payment against your National Insurance contributionsCompulsory payments which must be made by both employers and workers for the worker to qualify for certain benefits, like state pensions.. If you are unable to make neonatal care payments (despite being able to recover them later), you may be able to apply for an advance payment from HMRCHis Majesty’s Revenue and Customs. The government authority which oversees tax and customs. to cover the amount you would otherwise be able to recover. You can apply on the government website (you will need your Government Gateway login information to start the process).

Neonatal care pay does not accrue in any week that your employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. works for you.

Yes, you can be liable to pay neonatal care pay for a week in which your employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. performs some work for another employerA person or business hiring one or more staff members.. The other employerA person or business hiring one or more staff members. must not be liable to pay neonatal care pay themselves and your employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. must give you notice of the fact that they are working within seven days of starting the work. You can ask for this notice to be in writing.

Yes, although (unless otherwise agreed) your employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. is never entitled to more than the statutory weekly amount, regardless of how many children are receiving neonatal care at the same time.

For example, if twin A is admitted to care on days 1 to 20 and twin B is admitted to care on days 10 to 30, you will only be liable to pay the statutory amount for each qualifying week, regardless of whether one or both twins are receiving care.

Neonatal care pay can also accrue for separate admissions to neonatal care for the same child, provided each admission continues for at least seven uninterrupted days.

The overall maximum entitlement of 12 weeks remains the same irrespective of the number of children admitted to care.

Jury service usually lasts up to ten working days, but it can last longer . An individual may not necessarily be required for every day that they have been called, or may only be required for a certain number of hours each day, and you can require your staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. to come back to work during their normal working hours for any time they are not required, if practicable.

You cannot require an employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. to use their holiday allowance as a result of them having been called.

EmployeesIndividuals hired personally to work under contracts of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. are legally entitled to time off work to do jury service and you cannot require them to use their holiday allowance to cover this time off. You do not, however, have to pay them during their time off; see Q&A 76 for information about this.

Casual workersPeople hired to work on an as required basis, sometimes known as seasonal workers. have no legal right to time off; you could, therefore, require them to take annual leavePaid time off work to which members of staff are entitled each year, also known as holiday leave. to cover their time on jury service. See Dealing with annual leave for further information.

If your employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work.'s absence on jury service is genuinely likely to cause your business substantial harm (for example, you are likely to lose a significant amount of money or be unable to meet your contractual obligations to your clients) then you should bring this to the employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work.'s attention and the employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. can apply to defer their jury service or be excused from it. You cannot make an application on their behalf, although you may submit a supporting letter setting out your reasons for seeking an excusal or deferral and suggesting alternative dates when the employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. could perform their jury service, which the employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. can use when they makes their application.

Note that excusal from jury service will only be allowed in exceptional circumstances; in most cases, a deferral to another time within the next 12 months will be granted instead (note no further deferral from that new date will be considered, so the employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. will have to carry out their jury service at that point). However, even a deferral is subject to the summoning officerIn a company: A legally defined term used to refer to the director, company secretary or managers of a company. Officers of a company have certain duties and responsibilities towards the company and can be held liable for company law breaches. being satisfied that the business will suffer genuine hardship otherwise, so it will probably not be enough that the employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work.'s absence is simply inconvenient.

If the employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work.'s application for deferral or excusal is rejected, or if their jury service has been deferred once already, you must allow your employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. to undertake it.

No. You cannot subject your employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. to any detriment as a result of them having been called for jury service. Dismissing them because they have to undertake jury service is considered automatically unfairIn the context of employment law, when an employee is dismissed for reasons like race, gender, sexual orientation, religion, maternity or paternity leave, part-time status, or any other reason that is never allowed, it is automatically unfair dismissal, meaning that even if you have acted reasonably it is still illegal. and could lead to a legal claim being brought against you, and you are not allowed to use the fact that the employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. is on jury service as a reason for select them for redundancyWhen a staff member is dismissed because his role is no longer needed. (see Specific dismissal situations and Redundancy process for further information).

No, you are not required to pay employeesIndividuals hired personally to work under contracts of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. whilst they are on jury service, although you may choose to do so and many employersA people or businesses hiring one or more staff members. do.

If you choose not to pay your employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work., the government will reimburse some of their expenses whilst they perform jury service so they will not be completely uncompensated. This includes payment for food, travel and loss of earnings and other expenses, up to a maximum amount each day (this amount increases if the juror is required for more than ten days or more than four hours each day). If your employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. is going to claim the government allowance, you will need to fill out a certificate of loss of earnings form on their behalf. A copy of this form will be sent to your employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. when they receive their jury service letter, and will need to be completed before they start their jury service so that they can take it to court on their first day.

You should set out your policy for dealing with jury service, including information about pay during it, in your staff handbookA staff handbook is a manual provided to employees by an employer which usually contains information about company policies and procedures.. For more information about drafting a staff handbookA staff handbook is a manual provided to employees by an employer which usually contains information about company policies and procedures., see Staff handbook. For a template staff handbookA staff handbook is a manual provided to employees by an employer which usually contains information about company policies and procedures., which includes suggested policy wording to deal with jury service, see Staff handbook and policies (you can choose to generate the policy either on its own or as part of a full staff handbookA staff handbook is a manual provided to employees by an employer which usually contains information about company policies and procedures.).

Note that you are required to provide employeesIndividuals hired personally to work under contracts of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. with written details about any paid leave they are entitled to either on or before their first day of work; see Employment contracts for further guidance.

EmployeesIndividuals hired personally to work under contracts of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. have the right to take unpaid time off work to perform certain types of public duty. Casual workersPeople hired to work on an as required basis, sometimes known as seasonal workers., agency workersStaff supplied by a recruitment agency to work for a business under a contract made between the agency and the business. and freelancersPeople, in business for themselves, who provide services to others. They may be individuals simply working under their own names, or may offer services through companies or partnerships. Sometimes known as consultants or independent contractors. do not have this right, so you will need to come to your own arrangement with these types of workerA staff member who has an obligation to do their work personally for someone who is not their client or customer. (or in the case of an agency workerStaff supplied by a recruitment agency to work for a business under a contract made between the agency and the business. , with the agency); see Agency workers, Casual workers (including zero-hours workers) and Freelancers (self-employed staff) for further information about using these types of staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer..

The right to time off applies where the employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. holds any of the following types of position:

1. a Justice of the Peace (a type of non-lawyer judge who works in the Magistrates' Court);

2. a member of a local authorityAn administrative body in local government, responsible for the provision of public services in each district, borough or council. (eg a local councillor);

3. a member of a police authority;

4. a member of a statutory tribunal (eg Employment TribunalA tribunal that deals solely with employment disputes., School Exclusion Appeals Panel);

5. a member of an independant monitoring board A collective name for the directors of a company. The board is usually the primary day-to-day decision-making body of a company.for a prison;

6. a member of a health body (eg an NHS Board A collective name for the directors of a company. The board is usually the primary day-to-day decision-making body of a company.or Trust, or a Local Health Board);

7. a member of an education body (eg a member of the council or parent council of a state-maintained school, college or sixth form);

8. a member of the Environment Agency;

9. a member of a panel of lay observers appointed to inspect the conditions in which prisoners are transported or held; and

10. a member of a committee appointed to inspect detention centres or short-term holding facilities for individuals awaiting a decision about whether or not they have a legal right to remain in the UKUnited Kingdom of Great Britain and Northern Ireland.

You must allow a Justice of the Peace time off to perform any of the duties connected to their role. Holders of the other types of office set out above must be allowed time off to attend meetings or do anything else approved by the body in question in order to allow it to discharge its function.

For a template staff handbookA staff handbook is a manual provided to employees by an employer which usually contains information about company policies and procedures., which includes suggested policy wording to deal with public duties, see Staff handbook and policies (you can choose to generate the policy either on its own or as part of a full staff handbookA staff handbook is a manual provided to employees by an employer which usually contains information about company policies and procedures.).

EmployeesIndividuals hired personally to work under contracts of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. have the right to take unpaid time off work to perform certain types of public duty; see Q&A 77 for information about what these are.

You must give your employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. time off work to carry out their duties; you cannot simply rearrange their working hours. The period of time you allow them to take must be reasonable. What counts as reasonable will vary and depends on how much time is required by the organisation in question, how much time the employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. has taken in the past for such activities and what effect this will have on your business.

Bearing this in mind, you should aimAlternative Investment Market, a sub-market on the London Stock Exchange for growing companies to respond fairly and flexibly to all requests and only refuse if you have good reason; for example, if the event would require your chief financial officerIn a company: A legally defined term used to refer to the director, company secretary or managers of a company. Officers of a company have certain duties and responsibilities towards the company and can be held liable for company law breaches. to miss the final day of the financial year that may be a reason to reject the request. However, there should be some flexibility on the part of your employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work.; the requirement is only that you allow them a reasonable amount of time off so in general, if their requests are frequent and start to have a significant effect on your business and other staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer., you would be entitled to refuse them.

For a template staff handbookA staff handbook is a manual provided to employees by an employer which usually contains information about company policies and procedures., which includes suggested policy wording to deal with public duties, see Staff handbook and policies (you can choose to generate the policy either on its own or as part of a full staff handbookA staff handbook is a manual provided to employees by an employer which usually contains information about company policies and procedures.).

There is no requirement to pay your employeesIndividuals hired personally to work under contracts of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. when they take time off to perform public duties, although you may choose to do so. You should set out your policy for dealing with this in your staff handbookA staff handbook is a manual provided to employees by an employer which usually contains information about company policies and procedures.. For more information about drafting a staff handbookA staff handbook is a manual provided to employees by an employer which usually contains information about company policies and procedures., see Staff handbook. For a template staff handbookA staff handbook is a manual provided to employees by an employer which usually contains information about company policies and procedures., which includes suggested policy wording to deal with time off for public duties, see Staff handbook and policies (you can choose to generate the policy either on its own or as part of a full staff handbookA staff handbook is a manual provided to employees by an employer which usually contains information about company policies and procedures.).

Note that you are required to provide employeesIndividuals hired personally to work under contracts of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. with written details about any paid leave they are entitled to either on or before their first day of work; see Employment contracts for further guidance.

EmployeesIndividuals hired personally to work under contracts of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. who are members of a trade union are entitled to take a reasonable amount of time off work to participate in trade union activities, for example voting in union elections, attending union meetings about negotiations with their employerA person or business hiring one or more staff members., or meeting with union officersIn a company: A legally defined term used to refer to the directors, company secretary or managers of a company. Officers of a company have certain duties and responsibilities towards the company and can be held liable for company law breaches. to discuss workplace issues. This right does not include time off to participate in industrial action (eg strikes). How staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. can participate in industrial action, and the consequences of industrial action for your business, are currently beyond the scope of this service.

What counts as reasonable time off will depend on the circumstances, including factors such as the size of your organisation, how many people you employ and the nature of the work you undertake (for example, whether staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. are required to be there to maintain a service available to the public or for health and safety reasons). You should use your judgement; for example, a request to take an hour off work to go and vote in an annual union election will almost certainly be reasonable, whereas regular requests to take whole days off for very minor events are unlikely to be reasonable for a small business.

You do not have to pay employeesIndividuals hired personally to work under contracts of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. for the time they take off to participate in trade union activities (unless your contract with them says otherwise) although you may choose to do so.

Union officials, learning representatives and safety representatives are exceptions to this rule; they have the right to be paid when taking time off to carry out their duties or undergo training (but do not need to be paid when taking time off to participate in other union activities).

Note that you are required to provide employeesIndividuals hired personally to work under contracts of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. with written details about any paid leave they are entitled to either on or before their first day of work; see Employment contracts for further guidance.

Up to four weeks' leave can be taken per year, per child. The general rule is that each period of leave must be taken in blocks of one or more whole weeks. The only exceptions to this are where the employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work.'s child has a disabilityA physical or mental impairment which has a substantial or long-term effect on a person’s ability to carry out normal day to day activities. and is entitled to a disabilityA physical or mental impairment which has a substantial or long-term effect on a person’s ability to carry out normal day to day activities. living allowance, an armed forces independence payment or a personal independence payment; in these cases parental leaveA period of leave from work available to employees with children under the age of 18, in order to allow them to care for their children. can be taken in blocks of less than a week.

The employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. must give you at least 21 days' notice of their intention to take parental leaveA period of leave from work available to employees with children under the age of 18, in order to allow them to care for their children., providing the dates on which that leave is due to begin and end (you can of course agree to a shorter notice period(1) The length of time in advance which a notice must be given before it can take effect (2) The requirement to inform employees that they are being dismissed a certain amount of time in advance of their last day of employment. than this if you wish). It is good practice to ask a staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member to confirm the total number of weeks' leave they have taken in relation to their child when making this request.

For a template notice which an employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. can use to give you notice of parental leaveA period of leave from work available to employees with children under the age of 18, in order to allow them to care for their children., see Employee notice of intention to take parental leave.

Provided the correct notice is given (see Q&A 83) and an employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. is eligible to take the leave (see Q&A 82), you should as a general rule agree to it. However, you are allowed to postpone the leave if it would cause undue disruption to your business. This might be the case if, for example, it is a particularly busy time for your business (eg in seasonal industries), where you are unable to find a replacement for the employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. or if lots of employeesIndividuals hired personally to work under contracts of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. have applied for leave at once.

If you do postpone an employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work.'s parental leaveA period of leave from work available to employees with children under the age of 18, in order to allow them to care for their children., you must allow them to take the period of leave they have requested at some point within six months of the dates they originally requested, to be agreed with the employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work.. Note that you cannot postpone the leave if to do so would mean it falls after the child's 18th birthday; parental leaveA period of leave from work available to employees with children under the age of 18, in order to allow them to care for their children. is only available until the child turns 18.

If you are going to impose a postponement, you must notify the employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. that you are postponing their leave (giving reasons for this) and specifying the dates you propose they take instead within 7 days of receiving their original notice.

For a template letter responding to a request for leave and setting out the arrangements, see Parental Leave - Arrangements Letter.

Yes, parental leaveA period of leave from work available to employees with children under the age of 18, in order to allow them to care for their children. always counts as part of the staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member's continuous serviceHow long a person has been employed without a break lasting at least a week. Time off work whilst still employed (eg annual leave, sick leave etc) does not count as a break..

No; there is no legal requirement for you to pay employeesIndividuals hired personally to work under contracts of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. during periods of parental leaveA period of leave from work available to employees with children under the age of 18, in order to allow them to care for their children.. However, you may choose to put an enhanced parental leaveA period of leave from work available to employees with children under the age of 18, in order to allow them to care for their children. policy in place which entitles employeesIndividuals hired personally to work under contracts of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. to payment; see HR policies for information about this.

An employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. will not continue to enjoy all of their usual entitlements during parental leaveA period of leave from work available to employees with children under the age of 18, in order to allow them to care for their children. unless you have specifically agreed to this in their contract of employmentA contract between employer and employee which sets out the rights and responsibilities of both., because certain entitlements are frozen during this period.

Your employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. will continue to accrue statutory annual leavePaid time off work to which members of staff are entitled each year, also known as holiday leave. (ie 28 days' paid leave per year) but if you offer an enhanced annual leavePaid time off work to which members of staff are entitled each year, also known as holiday leave. entitlement on top of this, your employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. will only accrue the additional days if you have specifically agreed to this. See Dealing with annual leave for further information about annual leavePaid time off work to which members of staff are entitled each year, also known as holiday leave..

In addition, you do not need to continue to offer benefits such as use of the work gym or a companyA private company limited by shares incorporated and registered in England and Wales. car allowance, unless you have agreed to do so.

Whether or not you need to continue making pension contributions when you are not paying the employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work.'s salary will usually depend upon the terms of the pension scheme, so you should check for this.

You must continue to allow the employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. to benefit from any contractual terms relating to their notice period(1) The length of time in advance which a notice must be given before it can take effect (2) The requirement to inform employees that they are being dismissed a certain amount of time in advance of their last day of employment. , compensation payments in the event of redundancyWhen a staff member is dismissed because his role is no longer needed. and grievanceA concern, problem or complaint which a member of staff raises with his employer. and disciplinary procedures during their period of leave, although since parental leaveA period of leave from work available to employees with children under the age of 18, in order to allow them to care for their children. will usually be taken in short periods of a week or two, issues in relation to these matters are unlikely to arise.

This depends on whether the employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. is taking their parental leaveA period of leave from work available to employees with children under the age of 18, in order to allow them to care for their children. on its own or in addition to another period of leave:

1. EmployeesIndividuals hired personally to work under contracts of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. are entitled to return to the same job they had before they left in the following circumstances:

   1. they take an isolated period of parental leaveA period of leave from work available to employees with children under the age of 18, in order to allow them to care for their children. of four weeks or less, or:

   2. they add on a block of parental leaveA period of leave from work available to employees with children under the age of 18, in order to allow them to care for their children. of four weeks or less to another period of parental leaveA period of leave from work available to employees with children under the age of 18, in order to allow them to care for their children. of four weeks or less (perhaps in relation to another child); or

   3. they add on a block of parental leaveA period of leave from work available to employees with children under the age of 18, in order to allow them to care for their children. of four weeks or less to the end of a period of OMLOrdinary maternity leave: the first 26 weeks of maternity leave., OALOrdinary adoption leave: The first 26 weeks of adoption leave., paternity leaveA period of leave from work available to certain staff members in order to care for a new born child or support the child's mother., parental bereavement leaveA period of leave from work available to employees following the loss of a child under 18, or a stillbirth after 24 weeks of pregnancy. This right may also be referred to as 'Jack's Law'. or shared parental leaveA process by which certain members of staff who are parents of a newborn or recently adopted child can share a period of leave from work to care for their child, provided certain criteria are met. During this time, they will be entitled to the benefit of all terms in their contract of employment (except remuneration terms) and afterwards they are entitled to return to work. of 26 weeks or less.

   See Q&A 89 for information about what it means to return to the same job.

2. The position is slightly different if the employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. takes over four weeks of parental leaveA period of leave from work available to employees with children under the age of 18, in order to allow them to care for their children. or adds on a period of parental leaveA period of leave from work available to employees with children under the age of 18, in order to allow them to care for their children. to a period of AMLAdditional maternity leave: The last 26 weeks of maternity leave., AALAdditional adoption leave: The last 26 weeks of adoption leave or shared parental leaveA process by which certain members of staff who are parents of a newborn or recently adopted child can share a period of leave from work to care for their child, provided certain criteria are met. During this time, they will be entitled to the benefit of all terms in their contract of employment (except remuneration terms) and afterwards they are entitled to return to work. of more than 26 weeks; in that situation, they are entitled to return to their previous job unless this is not reasonably practicableProportionate action in the circumstances - weighing up the benefit against the time, trouble and expense involved., in which case you can offer them a different job which is suitable and appropriate in the circumstances.

   See Q&A 90 for information about how to decide what might be suitable as an alternative.

If you do not facilitate an employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work.'s return to work in accordance with these guidelines, then they may be able to bring a legal claim against you for unfair dismissalWhen an employee is dismissed without good reason or without following the proper procedure. Tribunal awards for unfair dismissal are up to one year's gross pay, currently capped at £93,878. and/or discriminationTreating someone differently directly or indirectly because of their age, disability, gender reassignment, marriage or civil partnership status, being pregnant and/or being on maternity leave, race, religion or belief, sex or sexual orientation. on the grounds of gender or relationship status.

The exception to this is where the employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work.'s job is made redundant during the course of their parental leaveA period of leave from work available to employees with children under the age of 18, in order to allow them to care for their children., although this situation will be unlikely to arise where the employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. is off work for only a few weeks; see Deciding to make redundancies for further information about this.

In certain circumstances, employeesIndividuals hired personally to work under contracts of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. returning from parental leaveA period of leave from work available to employees with children under the age of 18, in order to allow them to care for their children. are entitled to return to the same job they had before they left; see Q&A 88 for information about what these circumstances are.

This means that the employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. must have the same seniority, same benefits (eg pension rights), and at least equivalent terms of employment. You must pay them at the same rate you would have if they had not taken leave and they must be able to do the same work in the capacity in which they were previously working, and in the same place.

However, this does not mean to say that you have to freeze time so that the employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. is doing exactly the same job as they did when they left; some level of variation is acceptable if this is a normal part of their role. You can make minor changes to their role and the systems and procedures they are required to follow, so long as the nature of the work is the same as that which they were employed to do under their employment contract. It will not be acceptable to significantly change their day to day duties or, for example, reduce the status they had enjoyed previously.

Whether it is reasonably practicableProportionate action in the circumstances - weighing up the benefit against the time, trouble and expense involved. for the employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. to be reinstated in their old job will depend on what is feasible in the circumstances. For example, if you have hired a temporary replacement to cover the employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work.'s job during their absence, it will usually be possible to end that person's contract (since it was temporary) or move them elsewhere in the business and return the employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. to their original job, so you should do so (see Ending contracts with fixed-term/temporary employees for information about ending temporary cover). However, if a companyA private company limited by shares incorporated and registered in England and Wales. re-organisation means that the type of work an employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. was doing in a particular department is now being covered by a different team, moving them back to the same role in that department may not be feasible and you could consider an alternative.

When considering an alternative role for your employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work., you must ensure it is suitable and appropriate for the employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. in the circumstances. Generally, if the employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. will be overqualified for the job, or it involves work that they have never done before and are not trained for, or if it involves a material change to their working hours (eg working at weekends or nights when they had not done so before) then it will not be suitable.

Yes; employeesIndividuals hired personally to work under contracts of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. are entitled to take up to 18 weeks' parental leaveA period of leave from work available to employees with children under the age of 18, in order to allow them to care for their children. per child up until each child's eighteenth birthday, and they can take up to 4 weeks per year, per child.

There are no rules to stop an employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. from requesting to take periods of parental leaveA period of leave from work available to employees with children under the age of 18, in order to allow them to care for their children. in relation to separate children back to back, although note that you are entitled to refuse a period of leave requested if it would cause undue disruption to your business; see Q&A 82 for further information about this.

Yes; there is nothing to stop an employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. from requesting this. Provided a request is properly made, you must as a general rule agree to it, unless it would be very disruptive to your business (which will be difficult to show if an employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. has already been on leave for a year on maternity leaveA period of leave from work available to pregnant women and women who have recently given birth, during which they are still entitled to the benefit of all terms in their contract of employment (except remuneration terms), and after which they are entitled to return to work., for example).

See Q&A 88 about an employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work.'s rights upon return to work where an employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. adds a period of parental leaveA period of leave from work available to employees with children under the age of 18, in order to allow them to care for their children. to another type of leave.

Yes.

EmployeesIndividuals hired personally to work under contracts of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. are entitled to take up to 18 weeks' parental leaveA period of leave from work available to employees with children under the age of 18, in order to allow them to care for their children. up until the child's eighteenth birthday. If an employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. joins your business having moved from another employerA person or business hiring one or more staff members., they remain entitled to any parental leaveA period of leave from work available to employees with children under the age of 18, in order to allow them to care for their children. they have not yet used. This means, for example, that if they have used 6 weeks with their previous employerA person or business hiring one or more staff members. they can use up to 12 weeks while they are working for you.

If your employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. has already used 18 weeks of parental leaveA period of leave from work available to employees with children under the age of 18, in order to allow them to care for their children. in relation to the same child while there were working for another employerA person or business hiring one or more staff members., they are not entitled to any further parental leaveA period of leave from work available to employees with children under the age of 18, in order to allow them to care for their children. in respect of that child whilst they are working for you.

However, you have no right to request information about this; see Q&A 94.

Unfortunately, you have no legal right to see evidence of how much parental leaveA period of leave from work available to employees with children under the age of 18, in order to allow them to care for their children. your employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. has already taken. You can ask your employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. to tell you how many weeks of leave they have already taken in respect of their child as part of the process for requesting parental leaveA period of leave from work available to employees with children under the age of 18, in order to allow them to care for their children., but you will have to take their word on trust. You could also contact your employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work.'s previous employerA person or business hiring one or more staff members.(s) to ask how much parental leaveA period of leave from work available to employees with children under the age of 18, in order to allow them to care for their children. the employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. took whilst working for them. Note however that, due to data protectionThe area of law which deals with the way in which data can be handled. law, previous employersA people or businesses hiring one or more staff members. will not be able to tell you anything without your employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work.'s consent.

It is not a good idea to deny your employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. parental leaveA period of leave from work available to employees with children under the age of 18, in order to allow them to care for their children. purely because you suspect they may have already used up their allowance, unless you have evidence of this. If you do so and you are wrong, you run the risk of your employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. making a complaint to an employment tribunalA tribunal that deals solely with employment disputes..