Family Friendly Rights
Employees are entitled to a range of family-friendly rights under UK employment law. These rights protect employees during pregnancy, parenthood, adoption, neonatal care, bereavement and family-related caring responsibilities.
Employers should ensure that policies, payroll processes and manager guidance are kept under regular review, particularly following the April 2026 changes to paternity leave and unpaid parental leave.
What Are Family Friendly Rights?
Family-friendly rights include:
-
maternity leave and pay
-
paternity leave and pay
-
shared parental leave and pay
-
adoption leave and pay
-
unpaid parental leave
-
neonatal care leave and pay
-
time off for antenatal and adoption appointments
-
carer’s leave
-
parental bereavement leave and bereaved partner’s paternity leave where applicable
-
time off for dependants
-
statutory flexible working requests
These rights are separate from any enhanced contractual benefits, but policies should make clear how statutory entitlements interact with enhanced maternity, paternity, adoption, shared parental or other family leave benefits.
What Maternity Rights Are There?
Maternity Leave
Eligible employees can take up to 52 weeks’ maternity leave, made up of 26 weeks’ Ordinary Maternity Leave and 26 weeks’ Additional Maternity Leave. Maternity leave is a day-one right, although Statutory Maternity Pay is subject to separate qualifying conditions.
Maternity Pay
Employees may be entitled to Statutory Maternity Pay if they meet the statutory service, earnings and notice requirements. Statutory Maternity Pay is paid for up to 39 weeks, usually at 90% of average weekly earnings for the first 6 weeks and then at the statutory weekly rate, or 90% of average weekly earnings if lower, for the remaining 33 weeks. Statutory rates are reviewed annually, so payroll and policies should be checked each April.
Protection from Detriment, Dismissal and Redundancy
Employees must not be dismissed, selected for redundancy or subjected to unfavourable treatment because of pregnancy, childbirth, maternity leave or related absence. Pregnancy and maternity discrimination can arise regardless of length of service.
Enhanced redundancy protection now applies during pregnancy and for a protected period after return from maternity leave. Where a suitable alternative vacancy is available, protected employees have priority over other potentially redundant employees. Similar priority protection applies to adoption leave and, in some cases, shared parental leave.
What Paternity Rights Are There?
Paternity Leave
From 6 April 2026, statutory paternity leave is a day-one right. Eligible employees may take up to two weeks’ paternity leave following the birth or adoption placement of a child. The leave can be taken as either one block of two weeks or two separate one-week blocks, within the permitted statutory period.
Paternity Pay
Statutory Paternity Pay remains subject to separate qualifying conditions, including service, earnings and notice requirements. Employers should distinguish clearly between the right to take paternity leave and the right to receive statutory paternity pay.
Employees can now take paternity leave and pay before or after shared parental leave and pay, provided the statutory requirements are met.
What is Shared Parental Leave?
Eligible parents can share up to 50 weeks of leave and up to 37 weeks of statutory shared parental pay between them after birth, adoption or surrogacy. Shared Parental Leave allows eligible parents to take leave in blocks, be off work together, or stagger leave, provided the required notices and eligibility tests are satisfied.
You should respond to shared parental leave notices within statutory timeframes, keep accurate records of leave and pay, and ensure managers understand the interaction between maternity/adoption leave, paternity leave and shared parental leave.
What Rights Do Employees Have When Adopting?
Employees adopting a child may be entitled to up to 52 weeks’ statutory adoption leave, subject to the statutory requirements. Statutory Adoption Pay may be payable for up to 39 weeks where qualifying conditions are met.
Employers should confirm adoption documentation, provide written leave procedures and ensure any enhanced adoption benefits are applied consistently.
Are Employees Paid for Attending Appointments?
Pregnant employees are entitled to paid time off for antenatal appointments. Fathers, partners and intended parents may be entitled to unpaid time off to attend up to two antenatal appointments.
In adoption cases, the main adopter may be entitled to paid time off for adoption appointments and the secondary adopter may be entitled to unpaid time off, subject to statutory limits.
What Other Types of Leave are Available?
Parental Leave
From 6 April 2026, unpaid parental leave is a day-one right in Great Britain. Eligible employees may take unpaid leave to care for a child, subject to statutory notice requirements and limits on how leave may be taken unless the employer agrees otherwise.
Carer’s Leave
Employees have a day-one right to take up to one week of unpaid carer’s leave in any 12-month period to provide or arrange care for a dependant with a long-term care need. Employees are protected from detriment or dismissal for taking or seeking to take carer’s leave.
Time Off for Dependants
Employees can take a reasonable amount of unpaid time off to deal with unexpected emergencies involving dependants, such as illness, breakdown of care arrangements or urgent school issues. Employers should treat requests consistently and keep appropriate records.
How to Deal with a Flexible Working Request
All employees have the statutory right to request flexible working from their first day of employment. Flexible working can include changes to hours, working pattern, start and finish times, compressed hours, part-time working, hybrid working or place of work.
When handling a statutory flexible working request, you must:
-
consider the request reasonably and in line with the Acas Code of Practice
-
consult with the employee before refusing a request, unless it is accepted in full
-
make a final decision, including any appeal, within two months unless an extension is agreed
-
allow up to two statutory requests in any 12-month period
-
refuse a request only for one of the permitted statutory business reasons
Refusals should be supported by evidence and should not indirectly discriminate against employees with protected characteristics, including sex, pregnancy and maternity, disability, religion or belief.
How Can Employers Manage Family Friendly Rights?
Policies and Procedures
You should have clear, accessible policies covering the main family-friendly rights, including:
-
maternity, paternity, adoption, shared parental and neonatal care leave
-
unpaid parental leave, carer’s leave and time off for dependants
-
antenatal and adoption appointments
-
flexible working requests
-
redundancy protection during pregnancy and family leave
Policies should explain who is eligible, how to request leave or pay, what evidence is needed, and how different types of leave work together.
Training and Communication
Managers should know how to recognise family-friendly rights, handle requests fairly, and avoid discrimination. Employees should know what they are entitled to and how to make a request.
Legal Protection
Family-friendly rights often overlap with discrimination and unfair dismissal law. Extra care is needed where an employee is pregnant, on family leave, recently returned from leave, disabled, caring for someone, or requesting flexible working.
You should make decisions for genuine business reasons, apply them consistently, and keep clear records. Take advice before making decisions that could affect family leave, pregnancy, maternity, disability or caring responsibilities.
How We Can Help
Family-friendly rights are complex and continue to evolve. Our team can assist you with:
-
drafting and updating maternity, paternity, adoption, shared parental, neonatal care, carer’s leave and flexible working policies
-
advising on statutory pay, eligibility and payroll treatment
-
handling pregnancy, maternity, redundancy and flexible working issues
-
supporting fair and legally compliant decision-making
-
defending or settling Employment Tribunal claims
-
training managers on family-friendly rights and discrimination risk
Making the cost of expert employment law advice predictable, affordable and essential to your business.
ENHANCE is our unique, industry-leading employment law service just for employers. Employment law is fast-paced and constantly changing. We have created ENHANCE to protect your business from the risks of employee disputes and litigation, and to help you successfully navigate your business through the minefield of employment law.
CONTACT US
For enquiries, legal advice, or case evaluations, feel free to reach out to us anytime. Fill out the form below and a member of the team will be in touch as soon as possible.