A debate on an e-petition proposal to require employers to offer career breaks for parents with a seriously ill child will take place in Westminster Hall on 3 February 2025 at 4.30pm. This was the subject of e-petition 638449.

The subject of this debate was decided by the Petitions Committee and Robbie Moore MP (Con) will open the debate.

Background

There is no current right specifically for parents with seriously ill children entitling them to career breaks. There are, however, some potentially relevant existing rights for parents in such situations.

Part III of the Maternity and Parental Leave etc. Regulations 1999 give all employees with one year’s qualifying service the right to take unpaid parental leave (also known as ‘ordinary’ parental leave). This entitlement is up to 18 total weeks at any point up to the child’s 18th birthday, with up to four weeks maximum that can be taken in any individual year. This leave can be taken for any purposes connected with looking after their child, which could include caring for a seriously ill child.

Since the coming into force of the Carer’s Leave Act 2023, all employees are entitled to up to one week’s unpaid carer’s leave every year to provide or arrange care for any dependents who have care needs due to disability, old age or physical or mental illness or injury expected to last at least three months (see Unpaid carer’s leave, gov.uk). This could give some parents of seriously ill children an additional week’s leave each year on top of their unpaid parental leave entitlement discussed above.

Under section 57A of the Employment Rights Act 1996 all employees are also entitled to ‘reasonable’ time off work to deal with emergencies involving dependents, including “to provide assistance on an occasion when a dependant falls ill, gives birth or is injured or assaulted” or “to make arrangements for the provision of care for a dependant who is ill or injured”, though this does not extend to providing long-term care directly (see Time off for family and dependants, gov.uk).

The Employment Rights Bill 2024-25, currently awaiting report stage, would make some changes to relevant employment rights. Clauses 11-15 of the bill make some changes to family-related leave provisions, including removing the one-year qualifying period for the right to unpaid parental leave. However, there are no provisions in the bill to make changes to carer’s leave or introduce new rights for parents of seriously ill children. See the Library briefing paper on the bill for further details of what it would do.

Further information:

Require employers to offer career breaks for parents with a seriously ill child [petition submitted in 2019-2024 Parliament] (e-petition 638449 and government response) 

Campaigning mum who lost job after child’s cancer diagnosis takes fight to No 10,  Echo [Intranet link] , 21 January 2025

Time off for dependants, ACAS, 17 January 2025

How should employers support parents with a seriously ill child? , HR Magazine, 11 October 2023

‘My daughter got life-threatening cancer and I lost my job as a result’, I newspaper, 8 September 2023

Time off work for sick children and parental leave: a guide, NCT, March 2022

International examples

Statutory other [leave] measures, International Leave Network, April 2024

Country report: Belgium

Time credit and thematic leave – entitlement to leave and entitlement to benefits out of sync, PWC, February 2023 [Belgium]


Related posts