what happens to my conditions of service when I’m on parental leave?

During parental leave you will still be an employee but your employer is not obliged to pay your wages during that time. Your contractual rights, such as the right to 20 days’ paid annual leave, will not be affected and can accrue while you are on parental leave, but your employer can suspend your contractual rights such as any paid holiday over and above the statutory minimum.

If you took parental leave before 6th April 2003, then your employer does not have to count the period of leave when they are calculating your seniority or pensionable service. However, all parental leave taken after 6th April 2003 must be counted for purposes of seniority, pension and similar rights. In these circumstances you will be treated as if you had never been absent.

The other contractual rights that continue automatically are:

• the notice period in your contract – you or your employer should still give this amount of notice if either of you want to end your job contract
• your right to redundancy pay if you are made redundant
• procedures for grievance or disciplinary action
• terms on not working for competing organisations or disclosing confidential information about your employer’s business

Unions often negotiate with employers for contractual rights and benefits to continue as if the employee was still at work. Some good employers may well provide a better parental leave entitlement than the legal minimum and you should check your contract. You should check any other relevant employers’ policies or union agreements. Whatever the case in your circumstances, your statutory rights (i.e. rights that apply by law to all employees in this country) will continue.

Your employer must not discriminate against you while you are on any part of your parental leave. If you feel that you have been discriminated while on parental leave, you may be able to take a claim to an employment tribunal. You should seek advice from your union or a legal specialist in such cases.