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 

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 

Since 6 April 2026, employees are entitled to one or two weeks of paternity leave, to be taken in one block regardless of their length of service with the employer. Eligibility for Statutory Paternity Pay (SPP) however remains dependent on length of service and other 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 

Since 6 April 2026, regardless of their length of service with employers, employees can take 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, demeaning or disadvantageous 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.

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. 

1. 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. 

2. 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.  

3. 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: 

1. Encourage Open Communication 

• Assign a designated contact for family leave discussions, if possible. 

2. 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. 

3. 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 new Employment Rights Act 2025  includes the following major changes, which came into force on 6 April 2026:  

• Day-One Rights: Statutory Paternity Leave and unpaid Parental Leave are now day-one rights. The old rules requiring 26 weeks or one year of service have been completely removed. 
• Paternity Leave Flexibility: Employees can now take paternity leave after taking shared parental leave without losing their paternity entitlement. 
• Bereaved Partner's Paternity Leave: Eligible partners can take up to 52 weeks of unpaid leave if the mother or primary adopter dies. 
• Notice Period Temporary Rule: To help parents transition to the new rules, the notice period for paternity leave has been temporarily reduced to 28 days.

• Review and update employment contracts to reflect new statutory family leave rights as contained in the Employment Rights Act 2025.

• 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.