Family leave policies

Family leave is a set of overlapping statutory rights that have changed repeatedly in the last few years: paternity leave can now be split and taken in the first year, neonatal care leave and carer's leave are new, and the 2025 Act makes paternity and parental leave day-one rights. The policies have to state each right accurately, set the notice and evidence the employer may ask for, deal with pay and benefits during leave, and provide for the return, with the protections against detriment and dismissal that attach to each. I draft the policies for the employer as part of the handbook and core policies for a fixed fee of £995, delivered in five working days.

Who this is for

Employers in England and Wales who want family leave policies that are right, and employers whose policies predate the changes to paternity, neonatal care, carer's and parental leave.

What matters in family leave policies

Maternity leave and pay

Every employee is entitled to fifty-two weeks' maternity leave under section 71 of the Employment Rights Act 1996 and the Maternity and Parental Leave etc. Regulations 1999 from the first day of employment, with statutory maternity pay for thirty-nine weeks for those who qualify under the Social Security Contributions and Benefits Act 1992, two weeks' compulsory leave after the birth, the notice and evidence rules, the keeping in touch days, the protection from redundancy during pregnancy and for eighteen months after the birth under the regulations as extended in 2024, and the right to return to the same job or a suitable alternative; the policy should state the entitlements, any enhanced pay the employer offers and its conditions, and the process for notifying pregnancy, risk assessments and time off for antenatal care.

Paternity leave from the first day

Paternity leave under section 80A of the Employment Rights Act 1996 is two weeks, which can be taken as two separate weeks at any time in the fifty-two weeks after the birth or placement with notice for each, with statutory paternity pay for those who qualify, and the Employment Rights Act 2025 made it a right from the first day of employment and removed the requirement to take it before shared parental leave; the policy should state the current position, the notice and evidence required, any enhanced pay, and the time off to accompany a partner to antenatal appointments.

Adoption and shared parental leave

Adoption leave and pay mirror maternity leave for the primary adopter, including the redundancy protection and the right to return, with the matching and placement rules and time off for adoption appointments, and shared parental leave under the Shared Parental Leave Regulations 2014 allows parents to share up to fifty weeks of leave and thirty-seven weeks of pay where the mother or adopter curtails their leave, in continuous or discontinuous blocks with notices the policy should set out; the policy should state the employer's position on enhanced shared parental pay, which should match any enhanced maternity pay where the employer offers one, because a difference can be challenged.

Parental leave, neonatal care leave and bereavement

Unpaid parental leave of eighteen weeks per child before the child's eighteenth birthday, capped at four weeks a year per child, is now a day-one right under the Employment Rights Act 2025 changes; neonatal care leave under the Neonatal Care (Leave and Pay) Act 2023 gives parents of babies in neonatal care up to twelve weeks' leave and pay in addition to other leave; and parental bereavement leave under the Parental Bereavement (Leave and Pay) Act 2018 gives two weeks' leave and pay on the death of a child under eighteen or a stillbirth; the policy should state each, the notice rules (which for bereavement are deliberately light) and the pay, and should say how they interact with other leave.

Time off for antenatal appointments, dependants and carers

The policy should set out the right to paid time off for antenatal care, the partner's right to unpaid time off for two appointments, the right to reasonable unpaid time off to deal with an emergency involving a dependant under section 57A of the Employment Rights Act 1996, and the right to one week's unpaid carer's leave a year under the Carer's Leave Act 2023 to care for a dependant with a long-term care need, with the notice rules and the employer's limited right to postpone; these rights are used often and informally, and the policy should say how to request them so that managers apply them consistently.

Pay, benefits, return and the rights that attach to each

The policy should state the statutory pay rates by reference to the current figures rather than numbers that date, the employer's enhanced schemes and any repayment condition on enhanced pay (lawful if clear, consented to and proportionate), the benefits that continue during leave (all except pay, including holiday accrual and pension contributions on the basis the regulations set), the return to work provisions, the right to request flexible working on return under section 80F of the 1996 Act, and the protection from detriment and dismissal for taking or seeking any family leave, which is automatically unfair and does not depend on service; the policies should be reviewed as the Employment Rights Act 2025 provisions come in on the timetable the regulations set.

What it costs

Staff handbook and core policies, £995. Five working days.

Employment contract, £595. One template you can reuse for a grade of staff. Five working days.

Buying online forms the engagement on payment. The scope is what the employment contracts and handbooks page describes, you accept the Terms of Service at checkout, and I email you within four working hours to get started. If you would rather ask something first, email me.

What you get

• A bespoke contract drafted for how you employ people
• Restrictive covenants drafted at a scope a court will uphold
• Confidentiality and intellectual property provisions that put ownership where it belongs
• The statutory particulars, so the document does the job section 1 of the Employment Rights Act 1996 requires it to do
• Flexibility clauses where you genuinely need them, drafted to survive challenge
• Core policies: disciplinary, grievance, sickness absence, equal opportunities, data protection and, increasingly, AI use
• One round of amendments

What is not included

• Acting for employees
• Employment tribunal representation
• Payroll, pensions auto-enrolment and tax
• Immigration and sponsor licence work
• Day to day HR handling, disciplinaries, grievances and redundancy processes

Questions I am often asked

Can a new employee take paternity leave in their first week?

They can, since the 2025 Act made paternity leave a day-one right. Statutory paternity pay still depends on the earnings conditions. The policy states both.

Do we have to match enhanced maternity pay for shared parental leave?

Not by statute, but a difference can be challenged and most employers who enhance maternity pay enhance shared parental pay to match. The policy records the employer's choice.

What is neonatal care leave?

Up to twelve weeks' leave and pay for parents of a baby in neonatal care for at least a week, on top of other leave, under the 2023 Act. The policy sets out the right and the notice rules.

Related guidance and services

• Employment contracts and handbooks, £995, the service this page describes
• Consultancy and contractor agreements, £595
• Flexible working policy

This page is general guidance for businesses in England and Wales, not advice on your own circumstances. Last reviewed: October 2026. Email geoffrey@caesar.co.uk.