Home Advice for Parents & CarersLBGTQ and same sex partners Rights to family leave and pay for LGBTQ expecting parents

Rights to family leave and pay for LGBTQ expecting parents

Last updated: 28 May 2021

Employers have various obligations towards employees who are pregnant, have had a new baby (including by surrogacy and adoption), or need time off to care for their baby or older child. These obligations give important protections to employees through a range of different parental rights.

These rights extend to gender diverse parents, same-sex partners, and civil partners, not only heterosexual and married couples

The following articles help explain some of the rights you have as a birth or non-birth parent of a child and provide information to help you understand these rights, which include:

In addition to the above, non-birth partners may be able to take paternity leave and pay as well as having access to certain benefits, provided you meet the relevant criteria (e.g. length of service). You need not be the father or male to take advantage of paternity leave – you need only be the partner of the birth mother, an adopter or the intended parent of the child.

Details of benefits to support non-birth parents are:

In addition to the above rights for employees having or with children, there are wider protections in place to protect employees and workers against discrimination, harassment and victimisation in the workplace on the basis of sexual orientation or gender identity. An explanation of the main rights and policies that workplaces should have in place along with what to do in the situation where you believe you have or may have been discriminated against, harassed or victimised can be found here with some specific resources below:

The information on the law contained on this site is provided free of charge and does not, and is not intended to, amount to legal advice to any person on a specific case or matter. If you are not a solicitor, you are advised to obtain specific legal advice about your case or matter and not to rely solely on this information. Law and guidance is changing regularly in this area.