Dear Denise – Your HR Agony Aunt | Edition 9: Can I Refuse Parental Leave?

As the busy summer season approaches, employers may receive parental leave requests at a time when staffing levels are already under pressure.

This month’s Dear Denise – HR Agony Aunt from BeyondHR looks at how employers can respond fairly, when a request may be postponed and how to balance an employee’s statutory rights with the operational needs of the business.

Dear Denise,

An employee has recently asked to take four weeks of parental leave during our busy summer period.

We run a busy café with a small team, and losing an employee for four weeks would put significant pressure on the rest of the staff. We do not feel we have the resources to accommodate the request at that time.

Can I refuse the leave, and what is the best way to handle this?

Café Owner

Dear Café Owner,

A four-week absence during your busiest period could understandably create staffing difficulties. However, you cannot simply refuse an eligible employee’s entitlement to unpaid parental leave.

You may be able to postpone the requested dates where you have a significant business reason, such as the absence causing serious disruption to the café. You must still allow the employee to take the same amount of leave at an alternative time.

Check the Employee’s Entitlement

Eligible employees are entitled to take up to 18 weeks of unpaid parental leave for each child, which can be used until the child turns 18.

Employees will generally qualify where:

• They are named on the child’s birth or adoption certificate, or have or expect to have parental responsibility.
• They are legally classed as an employee rather than self-employed or a worker.
• They are not a foster parent, unless they have secured parental responsibility through the courts.
• The child is under 18.

Parental leave applies to each child rather than to the employee’s current job. This means any parental leave taken while working for a previous employer counts towards the employee’s 18-week entitlement.

You may ask for reasonable evidence of the employee’s eligibility, such as a birth certificate, but you should not repeatedly request proof each time they apply for leave.

Check How Much Leave They Can Take

An employee can normally take up to four weeks of parental leave for each child in any one year, unless you agree to allow more.

Parental leave must usually be taken in blocks of complete weeks rather than individual days. The exceptions are where:

• The employer agrees to a different arrangement.
• The employee’s child is disabled.

A week is based on the employee’s normal working pattern. For example, if the employee normally works three days each week, one week of parental leave would equal three working days.

Check That They Gave Enough Notice

Employees must normally provide at least 21 days’ notice before the date they want their parental leave to begin.
Their notice should confirm:

• The proposed start date.
• The proposed end date.
• The amount of leave being requested.

The request does not need to be made in writing unless you ask the employee to put it in writing. However, having a written record can help avoid misunderstandings.

Can You Refuse the Requested Dates?

You cannot refuse the employee’s overall entitlement to parental leave.

However, you may be able to postpone the requested dates where you have a significant reason, such as the absence causing serious disruption to the business.

For a busy café, this could include:

• The request falling during your busiest seasonal period.
• The absence leaving you without sufficient staff to operate safely.
• Several employees already being absent at the same time.
• Being unable to arrange appropriate cover.
• The absence affecting your ability to provide an acceptable level of service.

You should be able to explain the specific impact the absence would have. Simply stating that the café is busy or short-staffed may not be enough without evidence of the likely disruption.

When Leave Cannot Be Postponed

You cannot postpone parental leave where:

• It is being taken by a father or partner immediately following the birth or adoption of a child.
• Postponing the leave would mean the employee could no longer use their entitlement, such as where the child would turn 18.

Discuss Alternative Dates

Before making a final decision, speak openly with the employee about the difficulties the requested dates would cause.

You may be able to agree:

• Alternative dates outside the busiest part of the summer.
• That some leave is taken during the summer and the remainder later.
• A period when temporary cover can be arranged.
• Another suitable form of leave or flexible arrangement.

A practical conversation may help you find an option that meets the employee’s family needs while reducing the impact on the café.

Confirm Any Postponement in Writing

If you decide to postpone the leave, you must write to the employee within seven days of receiving the original request.

Your response must:

• Explain why the leave is being postponed.
• Suggest a new start date.
• Ensure the new date is within six months of the employee’s requested start date.
• Allow the employee to take the same amount of leave originally requested.
You cannot reduce the four weeks requested simply because the original dates are difficult for the business.

Handle the Request Fairly

Apply the same approach to all requests, regardless of the employee’s role, seniority or working pattern.

Employees’ rights, including holiday entitlement and the right to return to their job, remain protected while they are taking parental leave. They should not be treated unfavourably because they have requested or taken the leave.

You may have grounds to postpone the employee’s requested summer dates if the absence would cause serious disruption. However, you cannot refuse their entitlement altogether.

Check their eligibility and notice, assess the genuine effect on the café and speak with them about suitable alternatives. Where postponement is necessary, follow the correct process, respond within seven days and offer the same amount of leave within six months.

Denise
Your HR Agony Aunt at BeyondHR

Have an HR question you’d like Denise to answer? Send it To denise@wegobeyondhr.com for the chance to be featured in a future Dear Denise column. All submissions will remain anonymous.

For confidential advice tailored to your business, call the BeyondHR team on 0800 111 4461.