GuideHQ

What is unpaid parental leave and how do I use it?

Eighteen weeks per child up to their eighteenth birthday, four weeks a year, that an employer cannot refuse — only postpone. The service qualification was removed in Great Britain in April 2026.

Difficulty
beginner
Time
10 min
Read
5 min

Short answer

Every employee with parental responsibility can take up to 18 weeks of unpaid leave per child, up to that child's 18th birthday, capped at four weeks per child per year. In England, Wales and Scotland the one-year service qualification was removed on 6 April 2026, making it a day-one right. Give 21 days' notice with exact dates. The employer cannot refuse it, only postpone it by up to six months for business reasons.

This is the most under-used family right in the system, and the removal of the service qualification in April 2026 brought a very large number of people into it who do not know they are in it. It is unpaid, which is why people overlook it, but it is also the only family leave an employer effectively cannot say no to — and it is the standard way of extending time off around a birth, covering school holidays, or being at home when a child is ill for a long period.

Step by step

  1. Check you are an employee with parental responsibility.Employees only — not workers, not the self-employed. You must be the child's parent, have parental responsibility, or be named as the child's guardian, and the entitlement follows the child, not the job.
  2. Check the service position for your nation.In England, Wales and Scotland there is no longer any qualifying service period — the one-year requirement was removed on 6 April 2026. Northern Ireland still requires one year's continuous service, so check nidirect if you work there.
  3. Count what you have already used.Eighteen weeks per child in total, across your working life, up to the child's 18th birthday. Because it follows the child rather than the employer, leave taken at a previous job counts. Ask a previous employer to confirm in writing if you are unsure.
  4. Respect the four-week annual cap.No more than four weeks per child per year. With twins or two children you have two separate entitlements and two separate caps.
  5. Take it in whole weeks — with one exception.Ordinarily it must be taken in blocks of a week or multiples of a week, whatever your working pattern. Where the child is disabled and receives Disability Living Allowance or Personal Independence Payment, it can be taken in individual days or even shorter periods.
  6. Give 21 days' notice with exact dates.Notice must state the start date and the end date. It does not have to be in writing unless the employer's policy requires it, but putting it in writing is obviously sensible.
  7. Know what the employer can and cannot do.They cannot refuse. They can postpone for up to six months where the absence would unduly disrupt the business, and if they do they must say so in writing within seven days and propose alternative dates. They cannot postpone leave taken immediately after a birth or an adoption placement.
  8. Use it to extend leave around a birth.The most common use is a partner adding weeks to two weeks of paternity leave, taken immediately after the birth — which is precisely the case the employer cannot postpone.
  9. Check the effect on pay and benefits.It is unpaid, so it reduces earnings for that period and can affect entitlements calculated on earnings. Your terms and conditions otherwise continue, and it does not break continuity of employment.

Tips

  • Book it immediately after paternity leave if you want it around a birth. That is the one case the employer cannot postpone.
  • Ask a previous employer in writing how many weeks you took there before you claim a full 18 at a new job.
  • If your child receives DLA or PIP, say so in the request — it unlocks taking the leave in days rather than weeks.

Common mistakes

  • Not knowing it exists — It is the only leave an employer cannot refuse, and the April 2026 change brought around a million and a half more parents in Great Britain into scope.
  • Giving notice without exact dates — The 21-day notice must state the start and the end. A vague request is not valid notice and does not start the clock.

If it doesn't work

Your employer refused it outright

Cause: They may believe it is discretionary, or be applying the old service rule — Fix: Put it in writing setting out that it is a statutory entitlement that can be postponed but not refused, and that in Great Britain there is no longer a service qualification. Contact Acas if that does not resolve it.

They postponed it without explaining

Cause: A postponement has formal requirements — Fix: A postponement must be notified in writing within seven days, must give the business reason, and must propose alternative dates within six months. Ask for all three in writing.

They will not let you take single days

Cause: The default really is whole weeks — Fix: Single days are only a right where the child receives DLA or PIP. Otherwise ask for it as a matter of goodwill, or use annual leave or a flexible working request instead.

Questions people ask

Do I really not need a year's service any more?

In England, Wales and Scotland, correct — the qualification was removed with effect from 6 April 2026. Northern Ireland has not made that change and still requires a year.

Can my employer ask why I want it?

They can ask, and the leave must be for the purpose of caring for the child. But it is not a request they can refuse on the merits, and they cannot demand evidence of how you will spend it.

What if I have used some at a previous employer?

It counts. The 18 weeks is per child across your working life, not per employer. A new employer is entitled to ask you to confirm how much you have taken.

Is this the same as time off for dependants?

No. Time off for dependants is a separate, short, emergency right for unexpected situations. Parental leave is planned, notified 21 days ahead, and taken in weeks.

Sources

  • GOV.UK — Parental leave
  • Employment Rights Act 2025 s.15 and the Employment Rights Act 2025 (Commencement No.1) Regulations 2026
  • Maternity and Parental Leave etc. Regulations 1999
  • nidirect — Parental leave (Northern Ireland)