Notice Periods & Deadlines
| Statutory Leave Type | Statutory Notice Period |
|---|---|
| Ordinary Unpaid Parental Leave (MPLR 1999) | At least 21 days prior to start date |
| Shared Parental Leave (SPL Regulations 2014) | At least 8 weeks prior to start date |
A formal written notice is required under UK employment law (pursuant to the Maternity and Parental Leave etc. Regulations 1999 and the Shared Parental Leave Regulations 2014). To ensure legal validity and provide a clear audit trail for HR and payroll records, the employee must submit a signed physical letter or formal written digital application setting out the relevant dates, child details, and eligibility criteria.
The Binding Commitment That Is Often Overlooked
Under the Shared Parental Leave Regulations 2014, an employee submits a formal notice of entitlement and a period of leave notice (booking notice) specifying the exact dates of requested leave. Employees are statutorily entitled to submit up to three separate booking notices per child.
This structure protects workforce operational planning. For the employee, it means that while a continuous block of leave must be accepted, discontinuous blocks require employer agreement. Furthermore, once a leave booking is formally submitted, any subsequent variation or cancellation requires at least eight weeks' written notice and normally counts towards the employee's three statutory booking notifications unless the employer agrees otherwise.
Part-Time Work During Parental Leave
During Shared Parental Leave, employees can work up to 20 Shared Parental Leave in Touch (SPLIT) days without bringing their leave or statutory pay to an end. These days are mutually agreed between employee and employer and allow paid work, training, or transition planning.
In addition, an employee wishing to adjust their working hours or pattern on return to work can submit a statutory flexible working request under Section 80F of the Employment Rights Act 1996 (as amended by the Employment Relations (Flexible Working) Act 2023). Under UK law:
- Flexible working requests can be submitted from Day 1 of employment (up to two requests within any 12-month period).
- Employers must consult with the employee and reach a final decision within a statutory two-month timeframe.
- A request may only be refused on one of eight prescribed statutory business grounds (such as burden of additional costs, inability to reorganise work, or detrimental effect on customer demand).
The Employer Processing Section
The template includes an administrative section for HR and employers covering critical record-keeping obligations under UK employment law:
Annual leave accrual continues in full throughout statutory parental and family leave under the Working Time Regulations 1998. Employers cannot reduce or pro-rate an employee's statutory 5.6 weeks of paid annual leave while they are on statutory family leave.
If leave accrual is miscalculated or unrecorded, the full holiday entitlement remains intact and carries over where the employee has been prevented from taking it due to statutory family leave. In practice, failure to track holiday accrual can lead to substantial holiday back-pay liabilities or disputes upon the employee's return to work or termination of employment.
Any periods worked as agreed SPLIT days must also be formally recorded and remunerated at the employee's agreed contractual rate.
Protection Against Dismissal
Employees enjoy robust statutory protection against detriment and dismissal under Section 99 of the Employment Rights Act 1996, the Maternity and Parental Leave etc. Regulations 1999, and the Equality Act 2010. Furthermore, under the Protection from Redundancy (Pregnancy and Family Leave) Act 2023, employees taking statutory parental or shared parental leave benefit from enhanced redundancy protection—giving them statutory priority for suitable alternative vacancies throughout their leave and for up to 18 months following the child's birth or placement. Any dismissal or detrimental treatment connected to requesting or taking statutory parental leave is automatically unfair.