Overview of current family rights amid government review

The Labour Government has this month launched a review of parental leave and pay. The review will look into all family-related rights, including maternity leave, paternity leave, parental leave, shared parental leave and adoption leave.

The review’s terms of reference have been published and the Government has said it wants to establish whether the current system effectively supports family rights with a view to reforming and expanding those rights. The review is expected to report its conclusions and recommendations in early 2027.

Below is a summary of current statutory family-related rights in the UK.

Maternity leave

• Statutory maternity leave allows eligible employees to take up to 52 weeks of leave, divided into 26 weeks of ordinary maternity leave and 26 weeks of additional maternity leave
• Eligible employees are entitled to statutory maternity leave from their first day of employment
• Employees must take at least 2 weeks (or 4 weeks for factory workers) of leave following the birth of their child
• Statutory maternity leave can be taken from 11 weeks before the expected week of childbirth unless the baby is premature
• During statutory maternity leave, the employee is entitled to the benefit of all terms and conditions of employment which would have applied had they not been absent, except for those relating to pay.

Maternity pay

• Eligible employees are entitled to statutory maternity pay as long as they have been continuously employed for at least 26 weeks ending with the 15th week before the expected week of childbirth
• Statutory maternity pay can be paid for up to 39 weeks:
  • First 6 weeks: paid at 90% of average weekly earnings
  • Remaining 33 weeks: paid at £187.18 or 90% of average weekly earnings, whichever is lower (rate as of April 2025)
  • Statutory maternity pay commences when the employee ceases work in accordance with their notice or the day of childbirth if the baby is born prematurely
  • Employers may offer contractual maternity pay that exceeds the statutory entitlement in length and/or amount.

Paternity leave and pay

• Eligible employees can take either one or two consecutive weeks, or two separate periods of one week each, as Paternity Leave
• Paternity leave must be taken within 52 weeks after the date of birth or adoption
• To qualify, the employee must have been employed continuously by their employer for no less than 26 weeks ending with the week prior to the 14^th week before the child’s expected week of birth or of being notified by an adoption agency that they have been matched with a child
• Paternity leave pay is:
  • £187.18 per week (rate as of April 2025), or
  • 90% of the employee’s average weekly earnings, whichever is lower.

Neonatal care leave

• Neonatal care leave is a statutory right for eligible employees to take leave if their baby requires neonatal care after birth
• Eligible employees are entitled to take one week of neonatal care leave for each week their child spends in neonatal care, up to a maximum of 12 weeks
• For the employee to be eligible for neonatal care leave, the neonatal care must commence within 28 days of the baby’s birth and last for at least 7 continuous days
• Neonatal care leave must be taken within 68 weeks of the baby’s birth but can be taken in conjunction with other types of statutory leave
• To be eligible to neonatal care leave pay, the employee must have been employed for at least 26 weeks prior to the commencement of the neonatal care
• Statutory care leave pay is available for up to 12 weeks
• Statutory neonatal care leave pay is:
  • £187.18 per week (rate as of April 2025), or
  • 90% of the employee’s average weekly earnings, whichever is lower.

Parental leave

• Parental leave is a statutory right which entitles parents or anyone with primary responsibility for caring for a child to take up to 18 weeks’ unpaid leave for each child
• Parental leave can be taken at any time before the child’s 18^th birthday, up to a maximum of four weeks’ leave for each child during any one year and must be used in blocks of at least one whole week
• Parental leave may only be used for the purpose of caring for a child which can include spending time with children, looking at new schools, settling a child into new childcare arrangements and spending time with family
• To be eligible for parental leave, employees must have at least one year’s continuous service with an employer.

Adoption leave

• Adoption leave is a statutory right available to eligible employees who adopt a child from a UK adoption agency or from overseas and includes foster parents approved for adoption and parents of babies born via surrogacy
• Adoption leave entitles eligible employees to up to 52 weeks’ leave
• Statutory adoption leave can start on the date the adopted child starts living with the employee, or up to 14 days before the expected placement date, or when an employee is matched with a child by a UK adoption agency
• Statutory adoption pay is available for up to 39 weeks
• Statutory adoption pay is:
  • For first 6 weeks: 90% of an employee’s average weekly earnings
  • For remaining 33 weeks: £187.18 per week or 90% of gross weekly earnings, whichever is lower (rate as of April 2025) .

Parental bereavement leave and pay

• Parental bereavement leave is a statutory right which enables eligible employees to take up to two weeks of leave after the death of a child
• Parental bereavement leave is available to eligible employees who have lost a child under the age of 18 and includes stillbirths after 24 weeks of pregnancy
• Parental bereavement leave is available from the first day of employment and is available to the child’s parents and adoptive parents
• Parental bereavement leave can be taken for one week, two continuous weeks, or two weeks taken non-consecutively and taken anytime in the 56 weeks after the death of a child
• Statutory bereavement leave pay is available to employees with at least six months’ continuous service for up to two weeks
• Statutory bereavement leave pay is
  • £187.18 per week (rate as of April 2025), or
  • 90% of the employee’s average weekly earnings, whichever is lower.

Shared parental leave

• Shared parental leave is a statutory right that enables eligible employees to take up to 50 weeks of leave in total
• Shared parental leave is available if a mother or adopter ends maternity or adoption leave early which enables them to transfer the remaining leave to the other parent
• Shared parental leave is available for up to 50 weeks and the parents can decide how to allocate the time between them
• Shared parental leave must be taken in the first year after the child is born or adopted
• Shared parental leave pay is available for those employees who take Shared Parental Leave
• Shared parental leave pay is available for up to 39 weeks, less any weeks of statutory maternity pay, statutory adoption pay, or statutory paternity pay already taken during that period
• Shared parental leave pay is
  • £187.18 per week (rate as of April 2025), or
  • 90% of the employee’s average weekly earnings, whichever is lower.

Antenatal appointments

• Pregnant employees and workers have a statutory right to attend antenatal appointments. Antenatal appointments have been defined by the government as medical examinations, relaxation classes and parent classes if they are recommended by a registered medical practitioner or midwife
• Eligible employees are entitled to be paid for attending antenatal appointments at their normal hourly rate including reasonable travel time
• Husband, civil partners and fathers are entitled to take time off during working hours to accompany the pregnant woman to antenatal appointments but without a statutory right to be paid during the time off.

Dependants

• Employees have a statutory right to take a reasonable amount of time off to deal with emergency situations with children and other dependants
• The statutory right only applies to employees, not to other workers, and applies regardless of length of service.

Carer’s leave

• Carer’s leave is a statutory right to unpaid leave to provide or arrange care for an eligible dependant
• Carer’s leave is available to employees regardless of length of service provided they have a dependant with a long-term care need
• Carer’s leave entitles an employee to take one week’s unpaid leave in each 12-month period in order to provide or arrange care for dependents with a long-term care need.

Next steps

For further advice on family-related employment rights, our employment team is available to provide expert guidance to help you ensure compliance with current statutory requirements and any forthcoming legislative changes.