Last updated: 14 October 2026
Does unpaid parental leave taken with a previous employer count?
Yes. Each parent can take up to 18 weeks of unpaid parental leave for each child before the child’s 18th birthday, and that total covers all employers. If an employee took 6 weeks with a previous employer, they have 12 weeks left with you. You can ask the employee how much leave they’ve already taken, and ask the previous employer to confirm it.
Key rules
| Rule | Detail |
| Total entitlement | 18 weeks per child, per parent |
| Age limit | Until the child’s 18th birthday |
| Annual limit | 4 weeks per child per year, unless you agree more |
| Minimum block | A week at a time, or a day for a disabled child |
| Notice | 21 days’ notice from the employee |
| Postponement | Up to 6 months if the business would be seriously disrupted |
| Qualifying service | A day-one right from 6 April 2026, under the Employment Rights Act 2025 |
A “week” means the employee’s normal working week, so a part-time worker doing 3 days takes 3 days for each week of leave.
Day-one right
Before April 2026, employees needed one year’s service to take unpaid parental leave. That requirement was removed from 6 April 2026, alongside day-one paternity leave. New starters can now ask for unpaid parental leave from their first day.
Checking previous leave
- Ask the employee to tell you how much leave they’ve taken for each child
- You can ask the previous employer to confirm, with the employee’s agreement
- Keep a record of leave taken with you, as their next employer may ask
- Don’t take action against an employee for honestly underestimating
Example
Ola joins Westbrook Ltd in May 2026. She has a 6-year-old son and took 5 weeks of unpaid parental leave at her last job. She can take 13 more weeks before her son turns 18, with no more than 4 weeks in any year. She gives 21 days’ notice for a week off in the summer holidays.
Pay and payroll
Unpaid parental leave is unpaid, so there’s nothing to report through payroll except reduced pay for the period. The employee’s contract continues, and holiday continues to accrue. Pension contributions may fall in line with pay. Check that the period doesn’t push the employee below the Lower Earnings Limit of £129 a week, which could affect their entitlement to Statutory Maternity or Paternity Pay later.
Employee protections
Employees have the right to return to the same job after leave of 4 weeks or less. They mustn’t suffer detriment for taking or asking to take leave.
Policy
Put your parental leave rules in writing, setting out how employees book leave, how much notice they give, and how you record it.
Common mistakes
- Refusing leave instead of postponing it
- Ignoring leave already taken with a former employer, or assuming none was taken
- Letting an employee take more than 4 weeks a year by accident without written agreement
Frequently asked questions
Can we refuse parental leave?
No, but you can postpone it for up to 6 months.
Is parental leave the same as shared parental leave?
No, shared parental leave is paid and for babies.
Does it apply to adopted children?
Yes, until the 18th birthday.
Can both parents take 18 weeks?
Yes, each parent has their own entitlement.
Related: important employment law changes, employing family members and the Employment Allowance.
Talk to Accotax
Want this handled for you? Our team at Accotax can help with payroll and HR support. See our small business accountants service, or contact us for a free, no-obligation quote.
This page is general guidance based on HMRC rules for the 2026/27 tax year, checked against gov.uk on 14 October 2026. It is not personal advice, so speak to an accountant about your own situation.
