Family Rights

UK employment law provides a range of family-friendly rights designed to support employees during pregnancy, parenthood and family-related caring responsibilities. These rights apply to most employees and protect you from unfavourable treatment because of family commitments or obligations.

This page explains your key statutory entitlements, how they work in practice, and what to do if you believe your rights have been breached.

Maternity Leave and Pay

Maternity Leave

If you are eligible, you have the right to take up to 52 weeks’ maternity leave, made up of:

  • 26 weeks’ ordinary maternity leave, and
  • 26 weeks’ additional maternity leave

Your employer must inform you of your expected return date and cannot prevent you from taking your full entitlement.

Statutory Maternity Pay (SMP)

You may be entitled to statutory maternity pay if you meet the earnings and service conditions. SMP is normally payable for up to 39 weeks, with the first part at a higher rate and the remainder at a lower statutory rate.

Your employer should confirm your entitlement and provide written details of your pay during maternity leave.

Protection from Detriment and Dismissal

You are protected from being treated unfavourably (or dismissed) because of pregnancy, childbirth, or maternity leave. If you believe this has occurred, you may have grounds for an employment claim.

Paternity Leave and Pay

Paternity Leave

Eligible employees may take up to two weeks’ paternity leave to care for their child or support the mother (or primary adopter) following birth or placement.

Statutory Paternity Pay (SPP)

If you qualify, you may receive statutory paternity pay for the period of paternity leave, subject to eligibility conditions.

Your employer should advise you of your paternity pay entitlement in writing.

Shared Parental Leave (SPL) and Pay

Shared Parental Leave

If you and your partner are eligible, you may be able to share up to 50 weeks’ leave between you, allowing flexibility in how parental leave is taken after birth or adoption.

Shared Parental Pay

Shared Parental Pay may be available for a period of up to 37 weeks, provided you meet the eligibility and earnings requirements.

Both you and your partner must follow statutory notice periods when requesting shared parental leave and pay.

Adoption Leave and Pay

If you are adopting a child, you may be entitled to:

  • adoption leave, and
  • statutory adoption pay, subject to qualifying conditions

Your employer should provide written details of your entitlements and how to request leave and pay.

Flexible Working Requests

Right to Request Flexible Working

From day one of your employment, you have a statutory right to request flexible working arrangements. This may include changes to:

  • working hours
  • working location (e.g., homeworking)
  • start and finish times

Your employer must consider your request in a reasonable manner and notify you of the decision within two months.

Grounds for Refusal

An employer may refuse a flexible working request only on specified business grounds, such as:

  • burden of additional costs
  • inability to reorganise work among existing staff
  • planned structural changes

If your request is refused, your employer should explain the business reasons in writing.

Parental Leave

Parental leave allows you to take a period of unpaid leave to care for a child. It is available in addition to other family rights and can be taken in blocks or multiples of one week.

Eligibility and notice requirements vary, and your employer’s internal policy may provide additional detail.

Time Off for Dependants

You are entitled to reasonable unpaid time off to deal with emergencies involving dependants, such as:

  • sudden illness
  • accidents or injury
  • school closures
  • arranging longer-term care

This right is separate from holiday entitlement and should be treated sympathetically.

Protection from Family-Related Discrimination

You are protected from being treated unfairly or dismissed because you have:

  • taken family leave rights
  • made flexible working requests
  • caregiving responsibilities

If you believe you have been subjected to unfavourable treatment for these reasons, you may have a claim for discrimination or related employment rights breaches.

How We Can Help

Family rights in the workplace can be complex and fact-sensitive. Our solicitors assist employees with:

  • understanding eligibility and qualifying conditions
  • drafting leave notices and pay entitlement requests
  • advising on disputes, refusals and detriment claims
  • representing you in Employment Tribunal claims where necessary

Early legal advice can help you enforce your rights and choose the best course of action.

Frequently Asked Questions

What notice do I need to give for maternity leave?

You must give your employer written notice of your expected week of childbirth and leave start date by the statutory deadline.

Can I ask for flexible working from day one?

Yes. Every employee has a statutory right to request flexible working from day one of employment.

Is shared parental leave paid?

Shared Parental Pay may be available if you and your partner meet qualifying and earnings conditions.