Employers need to be aware of family leave rights in the Isle of Man in order to give effect to at least the minimum legal entitlements. Many employers, however, choose to enhance the leave allowance they give employees to help with work-life balance and also be competitive in recruiting talent. These days, employees’ expectations about their total “package” are not just focused on remuneration but, increasingly, on the non-cash benefits that may be offered as well as general “flexibility”.
Below, we have summarised the key Isle of Man family leave rights.
| CURRENT FAMILY LEAVE RIGHTS IN THE ISLE OF MAN (“IoM”) |
| MATERNITY LEAVE – all pregnant employees are entitled to 26 weeks’ ordinary maternity leave provided that certain notice requirements are complied with. Employees who have 26 weeks’ service at the beginning of the 14th week before the expected week of childbirth are also entitled to take up to 26 weeks’ additional maternity leave. Most employees are therefore entitled to take up to a year’s maternity leave in total. Unlike in the UK, there is no entitlement to statutory maternity pay (in the sense of a scheme administered by the employer). In practice, company maternity pay is commonly offered by IoM employers, though there is wide variation in terms of the rates at which time off is paid and how long the period of paid leave is. Usually, company maternity pay is provided as an enhancement of Government Maternity Allowance, which is available from the IoM Government (subject to qualifying criteria) and claimed directly by the employee. |
| PATERNITY LEAVE – this is available for the father or the mother’s partner and consists of 1 or 2 weeks’ leave within 56 days of the birth of a baby. The right is subject to certain conditions including notification and the employee has to have, or expect to have, responsibility for the upbringing of the child. In addition, the employee must have worked continuously for the employer for 26 weeks at the beginning of the 15th week before the baby is due. There is no statutory paternity pay for employees who take paternity leave but, as with maternity pay, many employers offer a period of paid paternity leave. Paternity Allowance is available from the IoM Government and, again, claimed directly by the employee. To avoid the employee receiving a “windfall”, company paternity pay is usually expressed as being payable “net of” Government Paternity Allowance in the terms of employment or relevant policy. |
| ADOPTION LEAVE – leave matching that for birth parents (maternity & paternity) is available for, respectively, the main adopter of a child and the co-parent/partner of the main adopter. Provided the required notice is given, leave can start either from the date on which the child is placed with the main adopter or on another specified date within 14 days of placement. Adoption Allowance and Paternity Allowance (adoption) are available from the IoM Government subject to meeting eligibility criteria. The latter is available to someone who is either married or in an enduring family relationship with (but not an immediate relative of) the main adopter, who will be responsible for the child’s upbringing, and who will take time off to support the person adopting the child or take care of the child. The right to take adoption leave is by default unpaid, although employers may pay some or all of the leave period depending on their policy and specific benefits extended to employees. |
| PARENTAL LEAVE – this right is currently available to parents of a disabled child only (but see changes below relating to shared parental leave). Parental leave is the right for the parent of a disabled child to take a maximum of 18 weeks’ unpaid leave before the child is 18. The employee requires one year’s service to exercise the right, they have to have responsibility for a child in receipt of a disability living allowance, and there are limits on the amount of leave that may be taken in any one leave year (4 weeks’ maximum). There are, in addition, notice requirements and the employer can postpone leave on business grounds. |
| TIME OFF FOR ANTENATAL CARE – mothers-to-be are entitled to paid time off to attend antenatal care, irrespective of length of service or hours worked. After the first appointment, an employer can request documentary evidence of the employee’s pregnancy and to see their appointment letter or card. |
| NEW FAMILY LEAVE RIGHTS – 2025 ONWARDS |
| The IoM Government has, via the Employment (Amendment) Act 2024, introduced powers for the Department for Enterprise to make secondary legislation in order to bring into effect SHARED PARENTAL LEAVE. Details are yet to be published, but provisions are expected to be introduced from Spring 2025 and to be broadly in alignment with the UK where parents can share a total of 52 weeks’ leave between them. Unlike in the UK, however, it is not planned for there to be a statutory pay scheme for shared parental leave in the sense of compulsory payments made by the employer (ie no equivalent to shared parental pay). We will continue to monitor for developments and provide briefings to clients on this topic. |
| PARENTAL BEREAVEMENT LEAVE is intended to provide a right to time off for parents of a child who has died including in the case of miscarriage or stillbirth. Again, provision is included in the amending law (see above) for secondary legislation to be made which would set out the details of the entitlement such as the maximum amount of leave available and the qualifying conditions. Some employers already offer discretionary “special” leave and/or compassionate leave but this would create an enforceable right. Further briefings will follow once secondary legislation is published. |
| TIME OFF TO ACCOMPANY A PARTNER TO ANTENATAL APPOINTMENTS, TO ATTEND ADOPTION APPOINTMENTS, AND TO TAKE CARE OF DEPENDANTS IN AN EMERGENCY – the Department for Enterprise has additionally consulted on proposals to introduce rights to time off in these situations, which received strong support from consultees. Announcements have been made recently that these changes will come into effect on 1 April 2025. Employers may, again, wish to revise their policies and raise awareness of the changes internally. Further details to be provided via separate briefings. |
Contact Cains’ employment team for latest updates and information relating to family leave rights and for reviews of relevant policies to remain in-step with changes in the law.
