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“One of our staff is the partner of a pregnant woman who is due to give birth in late December. He is not the biological father of the baby but has taken on parental responsibility. He has now put in a request for parental leave for 3 weeks over Christmas and New Year.
Our holiday policy is that holiday is granted on a first come, first served basis. Several people in the same department have already submitted and been granted holiday over the same period and no further request would be granted.
If we give our employee his parental leave, we will have to turn work away as we won’t have enough staff to carry it out. None of those people who have already been granted holiday are prepared to cancel it.
Can we turn down the request for parental leave on the dates he has requested and/or grant it for a couple of weeks later?”
In this situation, we have to advise that parental leave can’t be postponed (delayed) if:
If it is postponed, the employer:
Employers must therefore be very careful when dealing with requests for parental leave and expert advice should always be sought if there is uncertainty about whether it is safe to postpone or not.
Motor Industry Legal Services
Motor Industry Legal Services (MILS Solicitors) provides fully comprehensive legal advice and representation to UK motor retailers for one annual fee. It is the only law firm in the UK which specialises in motor law and motor trade law. MILS currently advises over 1,000 individual businesses within the sector as well as the Retail Motor Industry Federation (RMI) and its members.