Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Parental leave definition

What does Parental leave mean? parental leave is time off work, normally unpaid, that an eligible parent (including an adoptive parent) takes to care for a child. In England & Wales and Scotland, and in Northern Ireland, it is a statutory right defined in legislation (Employment Rights Act 1996 and the Maternity and Parental Leave etc. Regulations 1999, with Northern Ireland equivalents). Each parent has up to 18 weeks’ unpaid leave per child, to be taken before the child’s 18th birthday. It is non‑transferable, usually taken in blocks of one week (or in days if the child is disabled), capped at four weeks per...

Shared parental leave: right to return to the same job or a suitable and appropriate job; cumulative statutory leave rules, parental leave, AML and AAL exceptions, and redundancy protection

Published by a LexisNexis Employment expert

Practice notes

This Practice Note examines an employee’s entitlement to resume work following shared Parental leave, as set out in section 75I of the Employment Rights Act 1996 (ERA 1996) and the Shared Parental Leave Regulations 2014 (SPL Regs 2014), SI 2014/3050. For comprehensive guidance on the substantive right to take shared parental leave on birth and Adoption, refer to Practice Notes: Shared parental leave (birth) and Shared parental leave (adoption). Employees are protected against detriment and dismissal because of shared parental leave. For further detail, see Practice Note: Detriment or dismissal because of shared parental leave. The government’s technical guide for employers addresses whether an employee may return to the same job after shared parental leave at FAQ 76. The guidance titled Employee rights when taking maternity and other types of parental leave also offers an overview of the right to return.

Nature of the right to return

As with Maternity leave (see Practice Note: The right to return to work after maternity leave), the character of the right to return from shared parental leave will generally depend on the length of time the employee has been on leave. In assessing the amount...

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Web page updated on 22/05/2026

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