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Written by Policy Pros, UK Policy Writing Specialists at Policy Pros
Last reviewed:
Maternity, Paternity, Adoption and Parental Leave Policy Writers
What Are Family Leave Policies?
Family leave policies outline employees' rights to take time off when becoming a parent through birth, adoption, or shared care, and explain how leave and pay are managed in line with UK law. They form an essential part of your organisation's human resources policies and procedures.
These policies ensure consistent treatment for all eligible employees and help employers comply with statutory obligations. Getting family leave policies right is not only a legal requirement but also a key factor in attracting and retaining talent, supporting employee wellbeing, and demonstrating your organisation's commitment to equality.
The Legal Framework: Key UK Legislation
Family leave entitlements in the UK are governed by a substantial body of legislation. The primary statutory provisions include:
The Employment Rights Act 1996 provides the statutory foundation for maternity leave, paternity leave, adoption leave and shared parental leave. It establishes the right to return to work after a period of family leave and protects employees from detriment or dismissal for exercising their statutory leave rights.
The Maternity and Parental Leave etc. Regulations 1999 set out the detailed rules governing maternity leave entitlements, including the right to 52 weeks of maternity leave (26 weeks of ordinary maternity leave and 26 weeks of additional maternity leave), the requirements for giving notice, and the right to return to the same or a suitable alternative role.
The Equality Act 2010 provides important protections against discrimination related to pregnancy and maternity. It is unlawful to treat a woman unfavourably because of her pregnancy, a pregnancy-related illness, or because she is on or has taken maternity leave. This protection applies from the point of conception through to the end of the maternity leave period.
The Employment Rights Bill 2025 proposes further reforms to family leave entitlements, including strengthened protections against dismissal during pregnancy and for a period following return from maternity leave, and proposals to make paternity leave and unpaid parental leave available from day one of employment rather than after a qualifying period.
Statutory and Enhanced Entitlements
It is important for employers to distinguish between statutory entitlements and any enhanced entitlements they choose to offer.
Statutory maternity leave entitles eligible employees to up to 52 weeks of leave. During this period, Statutory Maternity Pay (SMP) is payable for up to 39 weeks: the first six weeks at 90 per cent of the employee's average weekly earnings, followed by 33 weeks at the statutory flat rate or 90 per cent of average weekly earnings, whichever is lower.
Statutory paternity leave entitles eligible employees to up to two weeks of leave, paid at the statutory flat rate or 90 per cent of average weekly earnings, whichever is lower. Statutory adoption leave mirrors maternity leave provisions, with eligible employees entitled to up to 52 weeks of leave and Statutory Adoption Pay (SAP) payable for up to 39 weeks.
Many employers choose to offer enhanced family leave packages that go beyond the statutory minimum. Enhanced entitlements might include additional weeks of full pay, extended paternity leave, enhanced adoption pay, or paid time off for antenatal or adoption appointments. Enhanced packages are a powerful tool for attracting and retaining employees and demonstrating a genuine commitment to supporting working parents.
Shared Parental Leave
The Shared Parental Leave Regulations 2014 introduced the right for eligible parents to share up to 50 weeks of leave and up to 37 weeks of pay following the birth or adoption of a child. Shared Parental Leave (SPL) allows parents to take leave in blocks, separated by periods of work, and to take leave at the same time as each other if they wish.
To be eligible for SPL, the mother or primary adopter must curtail their maternity or adoption leave. Both parents must meet qualifying conditions relating to their employment and earnings. The process for requesting SPL involves giving notice to the employer, providing a declaration of eligibility and entitlement, and submitting a period of leave notice setting out the dates on which leave is to be taken.
Employers should ensure that their family leave policy clearly explains the SPL process, including eligibility criteria, notice requirements, and the circumstances in which the employer may refuse a discontinuous leave request.
Paternity Leave Changes
Recent and proposed reforms to paternity leave reflect a growing recognition of the importance of supporting fathers and partners in the early weeks after the birth or adoption of a child. Under current legislation, eligible employees are entitled to one or two consecutive weeks of paternity leave, which must be taken within 56 days of the birth or placement.
The Employment Rights Bill 2025 proposes to make paternity leave a day-one right, removing the current requirement for 26 weeks of continuous employment. These changes, once enacted, will require employers to update their family leave policies to reflect the new eligibility criteria.
Discrimination Protections
The Equality Act 2010 provides robust protections against discrimination related to pregnancy and maternity. Employers must not treat employees unfavourably because they are pregnant, because of a pregnancy-related illness, or because they are exercising or seeking to exercise their right to maternity leave. This protection extends to decisions about recruitment, promotion, training, pay and dismissal.
Redundancy during maternity, adoption or shared parental leave is subject to special rules. Under the Maternity and Parental Leave etc. Regulations 1999, where a redundancy situation arises during maternity leave, the employee is entitled to be offered a suitable alternative vacancy where one exists, in priority over other employees. The Employment Rights Bill 2025 proposes to extend this priority protection for a period following the employee's return from maternity leave.
Employers should ensure that their policies make clear the protections available to employees during and after family leave, and that managers are trained to apply these protections consistently and fairly. Failure to do so can result in claims of pregnancy or maternity discrimination, unfair dismissal, or detriment.
What Do Family Leave Policies Cover?
A combined family leave policy typically includes:
Eligibility for maternity, paternity, adoption and shared parental leave
Statutory and enhanced leave entitlements
Pay details, including Statutory Maternity Pay (SMP), Statutory Paternity Pay (SPP) and Statutory Adoption Pay (SAP)
Notification and evidence requirements
Keeping in touch (KIT) days and shared parental leave in touch (SPLIT) days
Parental leave entitlements for parents of young children
Protection from unfair treatment or dismissal
Return-to-work support, including flexible working requests
Providing clear guidance helps employees plan their leave and return with confidence, while ensuring the business continues to operate smoothly during periods of absence. For further guidance on how the Employment Rights Bill 2025 will affect your policies, see our Employment Rights Bill 2025 policy readiness guide.
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