The concept of family leave entitlements in the UK can be complex, particularly in the British screen sector, where workers operate under various employment structures, including full-time employees, fixed-term workers, zero-hours workers, freelancers, contractors, and consultants.
Currently, UK employment law provides statutory family leave entitlements for eligible employees, covering areas such as maternity leave, paternity leave, adoption leave, shared parental leave, and unpaid parental leave. However, freelancers, contractors, and many workers engaged in the screen sector often do not qualify for these entitlements under current employment classifications.
Maternity Leave
Eligible employees are entitled to up to 52 weeks of maternity leave, with the first 26 weeks classified as Ordinary Maternity Leave (OML) and the remaining 26 weeks as Additional Maternity Leave (AML). Employees must take at least two weeks' leave after childbirth (or four weeks for factory workers). Statutory Maternity Pay (SMP) is available for up to 39 weeks, subject to eligibility criteria. However, to qualify for Statutory Maternity Pay (SMP), employees must have been continuously employed for at least 26 weeks by the 15th week before the expected week of childbirth and meet other eligibility criteria.
Paternity Leave
Currently, employees who have at least 26 weeks of continuous service with their employer by the 15th week before the baby’s due date are entitled to one or two weeks of paternity leave, to be taken in one block. Statutory Paternity Pay (SPP) is available, provided the employee meets eligibility conditions.
Adoption Leave
Eligible employees are entitled to the same leave entitlements as maternity leave, with 26 weeks of Ordinary Adoption Leave and 26 weeks of Additional Adoption Leave. However, to qualify for Statutory Adoption Pay (SAP), employees must have been continuously employed for at least 26 weeks by the week they are matched with a child and meet other eligibility criteria. The main adopter may take up to 52 weeks' adoption leave, while the secondary adopter may be eligible for paternity leave if they meet the relevant service requirements.
Shared Parental Leave (SPL)
Employees who qualify for maternity, adoption, or paternity leave may be able to share up to 50 weeks of leave and 37 weeks of pay with their partner under the Shared Parental Leave scheme. To qualify, both parents must meet specific eligibility criteria, including having been continuously employed for at least 26 weeks by the end of the 15th week before the expected week of childbirth (or by the date of adoption placement) and meeting earnings thresholds. Shared parental leave must be taken within the first year of the child’s birth or adoption.
Unpaid Parental Leave
Employees with at least one year of service are entitled to up to 18 weeks of unpaid parental leave per child, which must be taken before the child turns 18 years old. The leave is typically limited to four weeks per year per child unless an employer allows greater flexibility.
Protection from Dismissal and Discrimination
Employees taking statutory family leave are protected from unfair dismissal and detriment related to their leave. Detriment refers to any unfair treatment that puts an employee at a disadvantage, such as denying an employee training opportunities, being overlooked for a promotion, having responsibilities reduced, or losing opportunities because they have taken family leave. Redundancy protections also apply, particularly for employees on maternity or adoption leave, who have priority for suitable alternative roles in a redundancy situation.
Currently, protections against dismissal apply only during the leave period for the following types of statutory family leave:
Maternity leave
Adoption leave
Shared parental leave
Bereaved partners’ paternity leave (pending enactment)
Neonatal care leave (expected to take effect 6 April 2025)
It is important to note that these protections apply only to employees and not to freelancers, contractors, or self-employed individuals, who are generally not covered by statutory family leave entitlements. It would be best practice for businesses in the screen sector to ensure that employment status is clearly defined in contracts to avoid misunderstandings about rights and protections.
Businesses must ensure that employees taking statutory family leave are protected from:
Unfair dismissal connected to their leave.
Any detriment (such as reduced responsibilities or loss of opportunities) due to taking leave.
To avoid legal risks, businesses should:
Document all leave requests and responses fairly.
Ensure compliance with anti-discrimination laws.
| Worker Type | Entitlement to Family Leave? | Your Responsibility |
|---|---|---|
| Full-time employees (permanent staff) | Yes | Grant leave and ensure protections apply. |
| Fixed-term contract workers | Yes, if classified as employees | Comply with statutory leave entitlements. |
| Zero-hours workers | Unclear – depends on worker status (do they qualify as an employee?) | Clarify entitlements in contracts. |
| Freelancers / Contractors / Consultants | No automatic entitlement | This is not necessary, but as best practice, negotiate leave terms in contracts or offer discretionary leave. |
In the screen sector, freelancers, contractors, and consultants often lack statutory family leave entitlements. As best practice, production companies and hiring parties may consider negotiating family leave terms in contracts for long-term engagements and offering discretionary unpaid leave.
Clarify Employment Status at Hiring Stage
Ensure workers understand their leave entitlements before they begin work. For freelancers and contractors, explicitly outline any discretionary family leave policies in contracts.
Offer Flexibility Where Possible
Consider adjusting schedules or reassigning responsibilities to support employees taking leave.
Be mindful of employees transitioning back to work after leave.
Establish a Clear Family Leave Policy
A well-documented family leave policy ensures fairness and consistency.
This is particularly important in the screen sector, where freelance and project-based work is common.
Production companies and hiring parties should take steps to ease the transition for employees and workers returning from statutory family leave:
Encourage Open Communication
Assign a designated contact for family leave discussions, if possible.
Provide a Phased Return Where Possible
Some employees and workers may benefit from a gradual return to full-time work.
Flexibility can improve retention and job satisfaction.
Monitor and Update Policies
Family leave rights are evolving; stay informed on regulatory updates.
The UK Government has committed to reviewing parental leave structures beyond the current changes. The Employment Rights Bill highlights some proposed reforms, but these are not yet in force and will require further consultation and secondary legislation. No immediate changes are expected, and the timetable for implementation has not yet been confirmed. Future areas of reform may include:
Increased statutory pay for parental leave.
Further protection against redundancy for returning parents.
Improved access to shared parental leave.
Currently, paternity leave requires 26 weeks of continuous service for eligibility. If enacted, the Employment Rights Bill would remove this requirement, making paternity leave available from day one of employment for those who qualify under the existing employee framework. However, these changes have not yet taken effect, and businesses should continue to follow the current eligibility criteria.
Review and update employment contracts to reflect new statutory family leave rights.
Clarify leave entitlements for freelancers and contractors within agreements.
Communicate clearly with employees and workers about their updated entitlements to ensure awareness.
Monitor government updates for future changes to family leave rights.
Engage with industry bodies (e.g., Acas, Bectu.) to ensure fair treatment of all workers.