Parental leave guidance notes

The Maternity and Parental Leave Regulations 1999 (As amended) (“MAPLE”) introduced a statutory right for parents to take unpaid parental leave and implement the European Parental Leave Directive in the UK.

The general legal principles, including the employee’s statutory rights, are outlined and further guidance is also given on the interpretation of the law and practical management issues which may arise. 

Eligibility requirements

To be entitled to parental leave for the purpose of caring for a child, the employee must have one year’s continuous service and must have, or expect to have, responsibility for that child.  This means “parental responsibility” or registration as the child’s father. 

The legislation does not specify the date on which continuous service should be calculated. However, it can be inferred from MAPLE that it should be measured at the date on which the leave is to start.  This position is confirmed by BIS guidance on the subject.