Family Friendly Rights

Employees are entitled to a range of family-friendly rights under UK employment law. These rights help protect employees during pregnancy, parenthood and family-related caring responsibilities. Employers must understand their legal obligations and apply policies consistently to reduce legal risk and ensure fair treatment.

Key Family-Friendly Rights Employers Should Know

Family-friendly rights cover a variety of entitlements, including:

  • Maternity leave and pay
  • Paternity leave and pay
  • Shared Parental Leave (SPL)
  • Adoption leave and pay
  • Antenatal leave
  • Parental leave
  • Time off for dependants
  • Flexible working requests

These rights are separate from contractual benefits but may interact with company policies, so employers should consider both statutory entitlements and enhanced benefits where offered.

Maternity Rights – Leave, Pay and Protection

Maternity Leave

Eligible employees can take up to 52 weeks’ maternity leave, consisting of:

  • Ordinary Maternity Leave (26 weeks)
  • Additional Maternity Leave (26 weeks)

Maternity Pay

Employees may be entitled to Statutory Maternity Pay (SMP) if they meet qualifying criteria, including earnings and length of service. SMP is paid for up to 39 weeks, subject to statutory conditions.

Employers should provide:

  • a written maternity leave notice procedure
  • clear pay calculations
  • information on benefits and pension treatment during leave

Protection from Detriment and Dismissal

Employees on maternity leave are protected from:

  • dismissal related to pregnancy, childbirth or maternity leave
  • unfavourable treatment, unless there is a genuine, unrelated reason

Failure to respect maternity rights can lead to claims for pregnancy or maternity discrimination and associated remedies.

Paternity Rights – Leave and Pay

Paternity Leave

Eligible employees may take up to two weeks’ paternity leave to support the child’s birth or placement.

Paternity Pay

Employees who qualify can receive Statutory Paternity Pay (SPP) for the duration of their paternity leave if earnings and notice conditions are met.

Employers should:

  • confirm eligibility
  • issue written notifications
  • document pay entitlements clearly

Shared Parental Leave (SPL) and Pay

Shared Parental Leave

Eligible parents can share up to 50 weeks of leave and 37 weeks of pay between them through SPL. This allows flexibility in how parents structure leave after the birth or adoption of a child.

Employer Obligations

Employers must:

  • consider SPL requests in line with statutory rules
  • provide written leave notices
  • calculate shared parental pay accurately
  • respond to requests within statutory timeframes

SPL can be complex; employers should ensure procedures are clearly documented and communicated.

Adoption Leave and Pay

Employees adopting a child may be entitled to adoption leave and pay, similar in structure to maternity rights, subject to eligibility.

Employers should:

  • confirm adoption documentation
  • provide written procedures and leave notices
  • calculate pay entitlement correctly

Parental Leave and Time Off for Dependants

Parental Leave

Eligible employees may take unpaid parental leave to care for a child, subject to statutory caps and notice requirements.

Time Off for Dependants

Employees can take reasonable unpaid time off to deal with emergencies involving dependants (e.g., illness, school closures).

Employers should treat these requests fairly and consistently and document outcomes.

Flexible Working Requests

All employees with at least 26 weeks’ continuous service have the right to make a statutory flexible working request. Employers must:

  • consider requests in a reasonable manner
  • respond within statutory timeframes
  • provide valid business reasons for refusals

Flexible working can include changes to hours, location or pattern of work.

Managing Family-Friendly Rights – Employer Best Practices

Written Policies and Procedures

Employers should have clear, accessible policies covering all family-friendly rights, including:

  • maternity, paternity, adoption and shared parental leave
  • flexible working
  • parental and dependency leave
  • antenatal appointments

Policies should set out:

  • eligibility criteria
  • notification requirements
  • pay calculations
  • appeal rights

Training and Communication

Train managers on handling family-friendly leave fairly and consistently to avoid discrimination claims. Provide employees with clear guidance on entitlement and process.

Legal Protection and Anti-Discrimination

Family-friendly rights intersect with protection against discrimination, including:

  • pregnancy and maternity discrimination
  • sex discrimination
  • failure to make reasonable adjustments for employees with disabilities

Employers must ensure decisions (e.g., refusals of flexible working) are justified by legitimate business reasons and supported by evidence.

How We Can Help

Family-friendly rights are complex and constantly evolving. Our employment solicitors assist employers with:

  • drafting compliant leave policies and procedures
  • advice on statutory pay and eligibility
  • handling disputes and tribunal claims
  • training on pregnancy, maternity and flexible working law