Employer postponement of Parental Leave

[HappyAsASandboy]

I have recently requested a period of Parental Leave (unpaid, statutory rules apply) just before I go on Maternity Leave.

As I understand the rules, my employer can't refuse the leave, but they can postpone it to another time within 6 months.

In my case, this would mean postponing it to a time when I will be on maternity leave, so effectively postponing it to a time it's not possible for me to take it. I will be on maternity leave until after the end of the calendar year, so effectively if they postpone it then I won't be able to take those weeks of Parental Leave in 2020.

Is the employer able to postpone Parental Leave to a time when the employee will already be on another type of leave (which happens to be paid at some level, so no chance I'm going to terminate Maternity Leave in order to take Parental Leave!)?

Does anyone know what could happen in these circumstances?

Are they trying to postpone it or is this a hypothetical question?

They can postpone it to a date nominated by them if it would cause undue disruption to the business. I would say it would be difficult to argue that parental leave taken just before maternity leave would cause undue disruption, as you are about to disappear anyway!

In answer to the question about what happens if they postpone it to a date while you're already on maternity leave, that situation isn't addressed in the relevant legislation, and I'm not sure there's any case law on it. I suppose if the effect of postponement would be to deny you your entitlement, you'd have a strong argument that they couldn't postpone it, but I honestly don't know how that would go.

But I'd say it's unlikely they could justify postponing it as they're about to have to deal with you being gone even longer, so it's effectively like bringing your mat leave forward. You could start mat leave from 29 weeks if you wanted to, and they'd just have to deal with it.

I hope it's a hypothetical question, but by manager is in a meeting about it now, so I'll find out soon. Just wanted to know where I stood on it really.

I am asking for the leave because I want to take the longest possible period at home with my kids. Since I am entitled to Parental Leave in each calendar year, it makes sense to me to ask for some in the calendar year maternity leave starts in, leaving me the option of asking for some in the calendar year maternity leave ends in too, if I need it then.

I realise this is using all of the things I am entitled to to stretch leave out, but I work for a massive company who should be able to manage this, I don't think losing me on unpaid leave for an extra month (potentially two if I take some at the end too) should be a disaster for the business.

Thanks for all your advice so far - any other thoughts welcome too

Were you planning on 4 weeks each year? You only have 18 weeks parental leave in total available time take up until your children are 18.

@dementedpixie. Isnt it 18 weeks per child?

Yes i think it is per child but sound like OP is planning on using 8 of them already.

Yes, I'm planning on using 4 weeks before maternity leave (allocated to another child, not the unborn one! I am sure you can't take parental leave for an unborn child!). And potentially 4 weeks in the following calendar year, depending on how that year pans out.

I want to use the Parental Leave before maternity to spend time with my existing family before my new baby comes. To get my current children used to the coming changes in childcare routine before the new baby comes, and to prepare food/house etc so that life is smoother for the whole family once the new baby is here. Absolutely what Parental Leave is for, and worth a chunk of 4 weeks to set us up for the changes coming (IMO).

I really hope my request for leave is agreed, but my manager didn't seem impressed at the time of application, and is meeting with others to discuss it before they respond. If they do "postpone" the request for leave (to a date I won't be able to take it anyway due to maternity leave), then I'll talk to them about the reasons why and try to find a way to mitigate their concerns. Ultimately I know I can just go on maternity leave from the date I've applied for Parental Leave anyway, though I'd rather not do that if my line manager really does have legitimate business concerns as I want to come back afterwards! Moving my maternity leave date to the date I'd asked to go anyway would seem churlish, but equally I am too old and knackered to work until my due date, and I have an existing family at home that would really benefit from the softer transition.

It's no longer hypothetical ....

They've asked me to take a two week period instead of a four week period of Parental Leave (the phrase was "happy to approve two weeks but not four weeks"). I managed a brief mutter about postponing rather than refusing, but my line manager hasn't read the Parental Leave guidelines and so it got a bit lost.

My line manager said they also didn't think Parental Leave was appropriate given that my older children will be at school during the period. I thought that Parental Leave was to support the children/family rather than to directly spend time with them?

Funnily enough there is no stipulation that if taking parental leave in respect of a school-age child, you can only take it during school holidays...

I didn't think you had to be physically with the child 24/7 either.

The discussion has effectively come down to a period of two weeks, in that they will agree two weeks but not four weeks. I am struggling to understand what they do desperately need me for in those two weeks, but "business need" to give more handover (to people I am already handing over to now) was cited.

It is hard to know whether to push this or just accept it. On the one hand it seems like career suicide to annoy the manager over two weeks, yet on the other side I am angry that I seem to only be able to have Parental Leave if my line manager can see why I need it (childcare in summer holidays was also cited).

Longer handover wouldn’t be enough to postpone. It needs to be something significant, such as if it were a very seasonal business, taking leave at peak time, or at a time when lots of other staff have leave booked. Preferring a long handover isn’t significant disruption!

If they want a longer handover can’t they get the person to start sooner, just as they would have to if your maternity leave was starting earlier?

When are you asking for how much notice are you giving them?

It depends really on how amicable a relationship you want with them. If you really want to, you could accept the two weeks and raise a grievance on the other two weeks. Are you in the union or do you have legal cover as part of your home insurance? Ultimately you could take it further because the reason they have given isn’t acceptable and if they subsequently change it to something else, which is a justifiable business need, you would have good grounds to demonstrate that wasn’t the original reason and as a result you have been unfairly denied parental leave. However, I’m guessing you intend for return working there and that’s the reason why (very unfairly) lots of people put up with this kind of thing from their employer.

I think you're being a bit unreasonable....you don't know what other requests have been submitted by others for leave / holidays / care for sick relatives etc. You might not think your busy but your employer does have other employees to think about in terms of the extra pressure it might put on them. Take the 2 weeks.

I am giving several months notice. The team is really small, so there is a big impact, but essentially my request brings the impact forward by a few weeks. There's no reason that the plans for maternity cover can't be implemented earlier though (there really isn't. I do know about other leave requests (none) and the business stresses at the time (normal, not elevated).

I would like to retain an amicable relationship because I want to return to the same role (not that they have to give it back to me, as I'm going to take more than 6 months maternity leave).

It is helpful to have it confirmed by flowery that Parental Leave can be taken outside of school holidays, and what might be counted as reasonable reasons for postponement (or otherwise). I need to think things through over the weekend and hope I can go back with a balanced view by Monday.

Why not move mat leave 2 weeks earlier? It does seem a bit mad to possibly break down a decent relationship for the sake of 2 weeks. Especially with school age children who will cope fine.

So there is a significant impact on your colleagues......to be honest if I was your colleagues/boss I'd think you were taking the piss a bit since you're already going on maternity leave.....

” So there is a significant impact on your colleagues......”

No, because in the context of postponing parental leave, the undue disruption needs to be a time-constrained thing, like a seasonal demand, or multiple staff absences already planned. The team being small and the absence therefore being more proportionally impactful isn’t justification for postponing parental leave.

”to be honest if I was your colleagues/boss I'd think you were taking the piss a bit since you're already going on maternity leave.....”

How supportive. So it’s fine to take maternity leave for up to 52 weeks, but adding 4 weeks parental leave is “taking the piss”? How about when someone takes 4 weeks’ holiday tacked on to the end of maternity leave? Is that “taking the piss” too?

Would it be less “taking the piss” for the OP to come back from maternity leave then disappear off on parental leave a couple of months’ later? Surely taking it all in one chunk is less disruptive??

I would calmly ask for them to put the refusal in writing and ask them what dates they are proposing you take instead. Then ask for an informal meeting to discuss and print of all the legal bits on the .gov etc websites you can find. To be honest it sounds like they aren't sure how this leave works. But offer an alternative 2 weeks that you could take before the existing 2 weeks you have requested.