Family-friendly leave and sick leave are essential employee rights that help balance work, health, and family responsibilities. From paid entitlements such as maternity, paternity, adoption, and sick leave, to unpaid parental and dependants leave, employment law in England and Wales provides a framework to protect and support workers during life’s key moments without losing their job security. These entitlements already provide support in a wide array of circumstances, from the birth or adoption of a child to caring responsibilities as children grow and parents age; and there are several proposals in the Labour government’s pipeline to further strengthen these rights.
In this article, we explain the different types of leave available in England and Wales, the eligibility rules, notice requirements, and pay entitlements for each, helping both employees and employers stay informed about their legal obligations and workplace rights in 2025. Types of leave discussed include:
- Sick leave
- Maternity leave
- Paternity leave
- Adoption leave
- Shared parental leave
- Parental bereavement leave
- Neonatal care leave
- Parental leave
- Dependants’ leave
- Carer’s leave
Paid leave
Sick leave
Sick leave provides employees with the right to take time off work when they are feeling unwell and, as a result, are unable to carry out their duties. Employers should have policies and procedures in place which provide clarity to employees as to their rights and obligations both in respect of reporting any sickness absence and keeping in touch during this period.
Employees who are ill for more than seven days (including non-working days) must provide their employer with a fit note (previously more widely known as a sick note) from an approved healthcare professional, while absences of seven days or less usually only require self-certification. Approved healthcare professionals include doctors and nurses, physiotherapists, occupational therapists and pharmacists (in some cases).
During any absence, usual employment rights continue, including holiday accrual, with the only difference being pay. Employees will receive, as a minimum, statutory sick pay (“SSP”), provided they meet the minimum earnings and notice requirements. SSP is currently paid for up to 28 weeks and generally only comes into effect from the fourth day of sickness absence – the first three days being commonly dubbed “waiting days” (albeit there are proposals to make this a “day one” right). The current rate for SPP is £118.75. Employers can offer enhanced sick pay in employment contracts or their sickness absence policy, which would generally include any SSP that would otherwise be due.
For further information in relation to your employment rights when you’re sick, please see our Guide: Your employment rights when you're sick - Wright Hassall
Maternity leave
The statutory right to maternity leave provides eligible employees a protected period of absence from work to prepare for childbirth and care for their newborn.
Employees are entitled to 52 weeks of maternity leave, regardless of length of service, which can start 11 weeks before the expected week of childbirth at the earliest (unless premature birth occurs before then). This legal entitlement to time away from work is designed to support a mother’s recovery from childbirth, bonding with their baby, and balancing family responsibilities, all while protecting their employment rights. While employees are not required to take the full year, they must take at least two weeks off immediately after giving birth (or four weeks if working in a factory environment).
Maternity leave is separate from maternity pay, which has its own eligibility rules and conditions; it not universally applicable to employees from the start of their employment like maternity leave. To qualify for statutory maternity pay (SMP), the employee must earn, on average, at least £125 per week in a specific eight-week period (the lower earnings limit for SMP), have worked for their employer continuously for at least 26 weeks before the end of the 15th week before the expected week of childbirth, and have complied with the correct notice and certification requirements.
Eligible employees may receive SMP, which is paid for up to 39 weeks: the first six weeks at 90% of average weekly earnings over a defined period, followed by 33 weeks at the lower of either £187.18 (this being the current 2025/26 rate) or 90% of average weekly earnings. Employees who do not qualify for SMP may be able to claim Maternity Allowance. These two rates are commonly known as the “Earnings-Related Rate” (first 6 weeks) and the “Prescribed Rate” (following 33 weeks), respectively.
Employers and employees alike should make sure they are aware of the notice requirements, pay entitlements, and protections that apply during maternity leave. All employment terms remain the same during maternity leave - including benefits, and annual leave - except terms relating to pay. It is vital to take note, however, of a change to your rights for returning to work depending on the time taken for maternity leave - employees have the right to return to the same job after ordinary maternity leave (the first 26 weeks) but if they return following additional maternity leave (the following 26 weeks) they can be offered a suitable alternative role with equivalent terms if the same role is not available.
Paternity leave
The statutory right to paternity leave allows eligible employees to take paid time off work to support their partner and care for their child following birth or adoption. This legal entitlement is designed to help fathers and partners bond with their child during the crucial early weeks of family life, while ensuring their employment rights are protected.
Eligibility criteria to qualify for statutory paternity leave for employees in England and Wales is currently, as follows:
- Be the baby’s biological father or the mother’s spouse or partner, or the adopter’s partner and be responsible for the child’s upbringing (or in cases of surrogacy you should expect to obtain a paternal order giving you and your partner responsibility for the child); and
- Have at least 26 weeks’ continuous service with their employer by the end of the 15th week before the expected week of childbirth (or by the week they are matched with a child for adoption). Proposals under the Employment Rights Bill include making paternity leave a day one right, expected to come into force from April 2026.
Employees must also give their employer proper, written notice of their entitlement (at least 15 weeks’ notice before the expected week of childbirth, or within 7 days of being matched with a child for adoption). In respect of notice requirements for the period of paternity leave an employee wishes to take, at least 28 days written notice should be provided before the chosen start date, with relevant details about the leave also being provided.
If an employee is eligible, they are entitled to up to two weeks of statutory paternity leave. From April 2024, new legislation has provided greater flexibility for taking paternity leave, allowing the entitlement to be taken as a single period of leave, or split into two separate one-week blocks which can be taken at different times during the first year after birth or placement for adoption.
During any paternity leave taken, employees may receive statutory paternity pay (SPP), provided their earnings are not less than the lower earnings limit set by the government. This is paid similarly to SMP - the lower of either £187.18 (this being the current 2025/26 rate) or 90% of average weekly earnings.
Employees on statutory paternity leave have the right to return to the same job and similarly their usual employment rights - such as holiday accrual, pension contributions, and benefits - continue as normal whilst taking leave.
Adoption leave
The statutory right to adoption leave provides eligible employees with time off work to prepare for and care for a child placed with them for adoption. This entitlement is designed, similarly to maternity leave and paternity leave, to ensure adoptive parents have time to bond with their child and adjust to family life following placement.
Employees may qualify for statutory adoption leave if they are matched with a child for adoption by a UK adoption agency or through certain overseas adoption arrangements or have a child through a surrogate mother.
To be eligible, the employee must:
In adoption cases:
- Be newly matched with a child for adoption;
- Provide notification to the agency that they agree to the child being placed with them on the expected placement date; and
- Provide proof of adoption to their employer.
In surrogacy cases:
- Have a surrogate mother who gives birth to a child who is biologically their child, the child of their spouse or partner, or the child of both of them; and
- Expect to be given parental responsibility for the child under a parental order from the court. The child must live with the employee, and they must apply for the parental order within six months of the child's birth.
Only one adoptive parent can take adoption leave. The other partner, if eligible, may be entitled to paternity leave or shared parental leave. Foster carers who adopt may also qualify for adoption leave once a child is formally placed with them for adoption.
Adoption leave entitlement is the same as that for maternity leave – 52 weeks, divided into ordinary adoption leave (the first 26 weeks) and additional adoption leave (the following 26 weeks). In adoption cases, the leave itself can start either on the date a child is placed with the employee or up to 14 days beforehand, whereas in surrogacy situation the leave will start on the day the child is born (unless the employee is at work, in which case it starts the following day). For overseas adoptions, different notice rules apply, including the ability to begin leave when the child arrives in the UK or within 28 days of their arrival. It is important employees comply with notification requirements, which again differ in cases of adoption and surrogacy.
There are situations in which adoption leave can be disrupted, due to changes in placement or not applying for/not being granted a parental order in time. In the event of disruption, entitlement to adoption leave and pay (if applicable) will continue for a further eight weeks from the end of the week in which disruption occurred, unless the entitlements would have ended earlier in the normal course of events.
The statutory pay associated with adoption leave mirrors that for maternity leave, including the qualifying criteria (albeit the continuous service must be 26 weeks from the week they are matched with the child in adoption cases).
Employment rights and protections continue to apply during adoption leave, as with other types of leave. Similarly to maternity leave, employees have the right to return to the same job after ordinary adoption leave but if they return following additional adoption leave, they can be offered a suitable alternative role with equivalent terms if the same role is not available.
Shared parental leave
Shared parental leave is a statutory right which allows eligible parents to share time off work (and associated statutory pay), as opposed to following the traditional maternity and adoption leave provided for. This leave must be taken in the first year after their child’s birth or adoption, but provides families greater flexibility by enabling both parents the opportunity to balance work and childcare responsibilities by dividing up to 50 weeks of leave and 37 weeks of pay (the mother or primary adopter must take at least two weeks’ compulsory leave after childbirth or adoption placement (more in some cases), with the remaining entitlement then being shared).
To qualify, both parents must meet certain employment and earnings criteria, and they must give their employer proper notice. Typically, one parent must be entitled to maternity or adoption leave (or pay), and the other must satisfy minimum work and income criteria (i.e. having worked for at least 26 weeks in the 66 weeks before the child’s due date or placement and earning a minimum of at least £30 during 13 of those weeks).
Shared parental leave can be taken in continuous blocks or separate periods, either together or at different times, providing flexibility to parents to plan leave around childcare needs and work commitments. Whilst an employer is not permitted to refuse an employee shared parental leave (provided the eligibility requirements are met), they can refuse requests for split-block leave – i.e. where the employee alternates between work and leave. Leave must be taken in blocks of at least one week in any event.
At least 8 weeks’ written notice should be provided by employees to their employer before taking shared parental leave, allowing them sufficient time to plan ahead for any necessary cover during these times. It is also important for an employee on maternity or adoption leave to curtail this leave to enable shared parental leave to then commence.
As with maternity, paternity and adoption leave, employees utilising shared parental leave may also qualify for statutory shared parental pay, the rate for this matching the fixed weekly amount set by the government highlighted above, or 90% of average weekly earnings (whichever is lower).
Parental bereavement leave
Employees are legally entitled to parental bereavement leave if they experience the devastating loss of a child under the age of 18 or suffer a stillbirth after 24 weeks of pregnancy. The entitlement applies to all employees, regardless of length of service, if they or their partner are the child’s parent, foster parent, have had the child placed with them for adoption (whether by a UK adoption agency or from overseas), are the child’s intended parent under a surrogacy arrangement; are the natural parent of a child who has since been adopted by someone else, and there is a court order allowing them or their partner to have contact with the child, or look after the child in their own home, other than as a paid carer, and have done so for at least four weeks.
This statutory right allows parents to take up to two weeks of paid or unpaid leave within 56 of their loss, giving them essential time to grieve and manage personal and family matters. Employees are entitled to take this as a single block of two weeks or split the leave into two separate one-week periods.
To qualify for statutory parental bereavement pay (SPBP), employees must meet specific eligibility criteria, including minimum service requirements and earning thresholds. SPBP is then paid either £187.18 a week or 90% of the employee’s average weekly earnings (whichever is lower).
The notice requirements differ depending on when an employee decides to take parental bereavement leave. If this within the first eight weeks after their loss, the employee does not need to give advance notice. Instead, they can simply inform their employer on the day they want leave to start (or if they have started work, leave will start the following day). If more than eight weeks have passed, the employee is required to give at least a week’s notice of taking leave (or to cancel this). Certain information will need to be provided to your employer within 28 days of starting any period of parental bereavement leave, to ensure you are eligible for SPBP.
Some employers will also offer compassionate leave (sometimes called bereavement leave). This is separate to parental bereavement leave, as it generally allows employees time off work to deal with a serious personal situation, such as the illness, injury, or death of a close family member or dependent. There is no statutory right to compassionate leave (as there is for parental bereavement leave) however, many employers choose to offer additional paid or unpaid compassionate leave as part of their workplace policies. The length and conditions of compassionate leave will vary between organisations, so it is important for employees to check their employment contract or staff handbook.
Neonatal care leave
Neonatal care leave is a relatively new statutory right, bought into effective in April 2024. It is designed to support parents of premature or medically vulnerable newborns who require extended hospital care by enabling eligible employees to take paid time away from work. This leave helps parents remain present during critical stages of their child’s medical treatment without jeopardising their income or employment status.
Neonatal care leave is available for the child's parent (including a biological parent, adopter, prospective adopter or intended parent under a surrogacy) or the partner of the child's parent if they will have responsibility for the child's upbringing
Eligible individuals will be entitled to take up to 12 weeks of statutory neonatal care leave under the Neonatal Care (Leave and Pay) Act 2023 from day one of their employment, provided the relevant notice requirements are complied with. Eligibility requires them to be a parent of a baby who:
- is admitted into neonatal care at hospital up to 28 days old; and
- has a continuous stay in hospital of at least seven consecutive days (without interruption) after the day the neonatal care starts.
All neonatal care leave must be taken within 68 weeks (excluding the first week of neonatal care, known as the “waiting period”) following the birth of the baby requiring the neonatal care. It is taken in blocks of a week for each week the baby remains in hospital (up to the 12-week maximum). It is important that both employers and employees are clear that this entitlement is in addition to any other leave that they may be entitled to, including maternity leave, paternity leave and shared parental leave.
Neonatal care leave attracts statutory neonatal care pay, but only if separate qualifying criteria are met both for eligibility and notice requirements. Whilst the entitlement to statutory neonatal care leave is a day one right, entitlement to statutory pay for such leave is not – there is a 26-week qualifying period and lower earnings limit requirement, as with other types of family friendly leave. If an employee has already qualified for a different type of statutory pay – being maternity, paternity or adoption pay - they will also qualify for statutory neonatal care pay.
You can find a more comprehensive overview of your employment rights to neonatal care leave here: Neonatal Care Leave - New Entitlement in April 2025
Unpaid leave
Parental leave
Parental leave gives eligible employees the statutory right to take unpaid time off work to spend time with or care for a child they have responsibility for up until their 18th birthday. Having responsibility for a child would include any child for whom you are the biological parent, adoption parent or if you otherwise have legal parental responsibility for the child (e.g. a guardian).
Employees who have at least one year of continuous service (albeit there are proposals to make this a “day one” right) can take up to 18 weeks of parental leave per child, with a maximum of four weeks being taken in any given year. Usually, such leave is taken in blocks of a week but can be taken in days if a child is disabled.
Unlike many other types of family-friendly leave, including maternity, paternity, or shared parental leave, parental leave is unpaid. However, it still protects your employment rights, including the right to return to your job and retain continuous service during any leave.
Parents planning parental leave should provide 21 days’ notice, confirming the dates they wish to start and end their parental leave. While employers are entitled to postpone the requested leave for business reasons, they cannot refuse it. It is important to check your employer’s policy on parental leave in advance of making a request, to ensure you comply with the terms and understand your rights during taking such leave.
Dependants’ leave
Dependants’ leave is a statutory right that allows employees to take a reasonable amount of unpaid time off work to deal with unexpected emergencies involving a dependant. Typical reasons for taking dependants’ leave include illness or injury of a relative, giving birth, breakdown of childcare arrangements, or urgent situations at school.
A dependant is classed as: a spouse, civil partner, child, parent, someone who lives in the same household as the employee (other than being the employee’s boarder, employee, lodger or tenant), or someone who relies on the employee for care.
The right provided is to “reasonable” time off work, with there being no fixed limit on how much time would be considered reasonable. However, the leave taken must be necessary to deal with the immediate problem and so, generally, it is considered 1-2 days will be sufficient, with other longer-term arrangements being put in place if necessary, following this time.
Carer’s leave
Carer’s leave was a new statutory right introduced in April 2024 to support employees who provide or arrange care for a dependant with a long-term care need. Carers UK previously recorded that circa 9% of people provide care to someone who depends on them and, therefore, the introduction of this right was felt necessary to help support a potentially large portion of the workforce.
Since this time, eligible employees can take up to one week of unpaid carer’s leave in a 12-month period, which can be taken as full days or half days. This entitlement does not increase per the number of dependants the employee has but remains at one week (i.e. the normal time for which an employee would work across the full seven-day week).
As with dependants leave, a dependant is classed as: a spouse, civil partner, child, parent, someone who lives in the same household as the employee (other than being the employee’s boarder, employee, lodger or tenant), or someone who relies on the employee for care.
Carer’s leave is designed to give workers flexibility to manage caring responsibilities without losing their job security, keeping the same terms of employment and the right to return to the same job after taking such leave. Carer’s leave is not designed to be used for general childcare purposes (other leave, such as parental leave are in place for this), however, if an employee has a dependant child with long-term health or disability related care needs, it will cover childcare in these situations.
Further details around the introduction of carer’s leave can be found here: Introduction of new Carers’ Leave
Conclusion
Family friendly leave - including both paid and unpaid leave - plays a vital role in supporting working parents and carers, as does the entitlement to take sick leave when you don’t feel able to work. These statutory rights are designed to give families the flexibility they need to balance work and home life as well as their well-being, while also encouraging equality in the workplace. By knowing your entitlements and how different types of leave can be combined, employees can make informed choices that best suit their own and their family’s needs.
Employers who actively promote and support these leave entitlements not only meet their legal obligations, but also see benefits such as improved staff retention, morale, and workplace inclusivity. To this end, some employers may offer enhanced pay through workplace policies over and above the statutory pay on offer (or where the statutory right is unpaid), so employees should always check their contract of employment or staff handbook for additional entitlements.
Should you have any questions about your leave entitlements, please contact the Employment Law Team and we would be happy to discuss these further with you.
The information provided in this article is provided for general information purposes only, and does not provide definitive advice. It does not amount to legal or other professional advice and so you should not rely on any information contained here as if it were such advice.
Wright Hassall does not accept any responsibility for any loss which may arise from reliance on any information published here. Definitive advice can only be given with full knowledge of all relevant facts. If you need such advice please contact a member of our professional staff.
The information published across our Knowledge Base is correct at the time of going to press.
