Have you received a family leave request from an employee? Do you fully understand the rules, your obligations and what you must pay?

Family leave involves a wide range of rules around eligibility, notice, timelines and pay, and these differ depending on the type of leave. This can make things complicated, and with the latest Employment Rights Bill updates introducing more changes, it’s easy to feel unsure about what you can or must agree to.

Many employers understand the basics of maternity leave, but paternity, adoption and shared parental leave often involve additional steps and legal requirements that make them trickier to deal with.

A clear understanding of these rules helps you avoid mistakes, stay compliant, and support your employees appropriately. Below, we outline the key types of family leave employers may face and how our experts at Backhouse can support you every step of the way.

Maternity Leave

Maternity leave continues to provide one of the most robust forms of family leave in employment law. Eligible employees are entitled to up to 52 weeks of maternity leave, made up of:

  • 26 weeks’ Ordinary Maternity Leave (OML)
  • 26 weeks’ Additional Maternity Leave (AML)

Employees must notify their employer 15 weeks before the Estimated Week of Childbirth (EWC) to be eligible to take maternity leave. Employers must confirm maternity start and end dates in writing within 28 days of being notified.

Although maternity entitlement has not changed, protections and preventing discrimination connected to pregnancy and maternity leave continue to be strengthened.

Paternity Leave

Paternity leave allows the biological father or the partner to take up to 2 weeks off for up to 52 weeks after the baby is born. The partner will be required to give 28 days’ notice of their intention to take paternity leave, and they are also required to tell their employer the baby’s due date at least 15 weeks before the baby is expected. From April 2026, this became a day-one right, removing the 26-week qualifying period. The change also means that paternity leave can be requested after taking shared parental leave.

Adoption Leave

Adoption leave is available to employees who have been matched with a child for adoption, allowing them to take time off work to care for the child. It provides up to 52 weeks of leave.

Where two individuals are jointly matched with a child for adoption, they must decide:

  • Who will be the primary adopter (entitled to adoption leave)
  • Who will give up their entitlement to adoption leave (and instead take paternity or shared parental leave)

Shared Parental Leave

Employees may request to take shared parental leave (SPL). Any parent can make a request for shared parental leave, with the duration of leave lasting up to 50 weeks, making shared parental leave requests more difficult to deal with. This is designed to provide flexibility in how parents divide their leave, enabling them to take leave concurrently, separately, or in up to three blocks, subject to employer agreement. The mother must still take 2 weeks’ compulsory maternity leave after childbirth.

Parental Leave

Separate to the leave entitlements after a baby is born or a child is matched for adoption, eligible employees can request parental leave of up to 18 weeks before the child turns 18 years old (unless they are disabled, in which case you may be entitled to longer), which is usually unpaid. The limit is 4 weeks per child in a year, unless otherwise agreed.

In addition, an employee can request unpaid leave for Emergency Time off for Dependants to deal with unexpected issues relating to the care of a child or other dependant (including partners, spouses, parents, grandparents and anyone they have caring responsibilities for).

Why the right policies matter

Having clear, up-to-date family leave policies in place helps you stay on the right side of your legal obligations and demonstrates to staff you are a supportive and responsible employer.

Our Employment Law team are experts in preparing practical, easy-to-follow family leave policies and procedures. They are here to guide you through the process and help you deal with requests from your employees in the right way.

The benefits of using Backhouse Solicitors:

  • Up-to-date policies – keeping your business legally protected

  • We explain the process in plain English – giving you complete clarity

  • Flexible support – providing as much or as little support as you need, saving you time and money

  • Guidance at every stage of responding to a family leave request – ensuring your approach is fair, lawful and consistent

  • Expert legal advice – reducing risk of claims from employees

  • Essential paperwork taken care of – ensuring your documentation is professionally drafted and compliant.

Don’t let the family leave rules become a burden, contact our Employment Law team to speak to one of our experts.

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Email: info@backhouse-solicitors.co.uk
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