Parental Leave Clause in UK Contracts: What It Means & Example Wording

When to Include a Parental Leave Clause

• In every employment contract — it is a legal requirement to include information about parental leave rights in the written statement of particulars or direct the employee to a reasonably accessible document
• When offering enhanced maternity or paternity pay above the statutory minimum as a recruitment and retention benefit
• When setting out the employer's policy on keeping-in-touch days, return-to-work arrangements, and flexible working requests

Example Wording

This example wording is illustrative only. Customise it to your specific circumstances and consider seeking legal advice.

Is a Parental Leave Clause Enforceable in the UK?

Parental leave rights are primarily statutory and cannot be contracted out of. Maternity leave is governed by the Employment Rights Act 1996 and the Maternity and Parental Leave etc. Regulations 1999. Eligible employees are entitled to 52 weeks' maternity leave (26 ordinary + 26 additional) and up to 39 weeks' SMP. Paternity leave is 2 weeks. Shared parental leave allows parents to share up to 50 weeks of leave and 37 weeks of pay. Employers can enhance these but cannot reduce them below the statutory minimum. Dismissal or detriment related to pregnancy or family leave is automatically unfair and constitutes discrimination under the Equality Act 2010.

Common Mistakes

• Failing to keep the employee informed about their role and any organisational changes during leave — this can lead to detriment claims
• Not understanding that maternity discrimination protection begins at pregnancy and extends beyond return — the Equality Act 2010 protects against unfavourable treatment related to pregnancy or maternity leave
• Requiring employees to repay enhanced maternity pay if they do not return to work for a specified period without making this clear in the contract from the outset