Understanding shared parental leave
The rules surrounding leave for parents is potentially confusing, but Nicola Cantrill from the Page Kirk Payroll Department provides a handy guide. Along with links to relevant government websites.
How it works
Your employee and their partner may be able to take advantage of shared parental leave and shared parental pay if they are having a baby, using a surrogate or adopting a child.
They need to share the leave in the first year after they have their child and can share up to 50 weeks' leave and 37 weeks' pay.
They can take this leave in blocks or in separate periods. If both parents are taking shared parental leave, then they can take their leave at the same time as each other or at different times.
Eligibility
Eligibility for birth parents, adoptive parents or those using a surrogate are worked out differently.
Please see link below for eligibility for birth parents.
Shared Parental Leave and Pay: Eligibility for birth parents - GOV.UK (www.gov.uk)
Please see link below for eligibility for adoptive parents and those using a surrogate.
Shared Parental Leave and Pay: Eligibility for adopters or parents using a surrogate - GOV.UK (www.gov.uk)
What they will get and how much they will be paid
Once eligible, and if they end their maternity or adoption leave early, they can:
- take the rest of the 52 weeks' of leave as Shared Parental Leave (SPL)
- take the rest of the 39 weeks of pay as Statutory Shared Parental Pay (ShPP)
Shared parental pay is paid at £156.66 a week or 90% of their average weekly earnings, whichever is lower.
When can they start?
They can only start Shared Parental Leave (SPL) or Shared Parental Pay (ShPP) once the child has been born.
For shared parental leave to start, the mother will need to end maternity or adoption leave and give her employer 'binding notice' of the date when they plan to end their leave.
The partner can start SPL while the mother is on maternity/adoption leave, as long as they given binding notice to end it.
A mother cannot return to work before the end of the compulsory two weeks of maternity leave (four weeks if they work in a factory). If it's adoption, then they must take two weeks' adoption leave.
For shared parental pay to start, the mother must again give their employer binding notice of the date when they plan to end any maternity or adoption pay. If they get maternity allowance, they must give notice to Jobcentre Plus.
They cannot restart any maternity, adoption or allowance pay once it has ended.
The partner can start ShPP while the mother is still on maternity, adoption or allowance pay as long as they have given binding notice to end it.
They can give binding notice and say when they plan to take SPL or ShPP at the same time.
The mother or adopter may be able to change their decision to end maternity or adoptive leave early. They must let their employer know.
They can only change the decision if the planned end date has not passed and they have not already returned to work.
One of the following must also apply:
They find out during the eight-week notice period that neither of them are eligible for SPL or ShPP.
The mother or adopter's partner has died
The mother tells their employer less than six weeks after birth.
Booking blocks of leave
Your employee can book up to three separate blocks of shared parental leave instead of taking it in one go.
They can also split blocks of leave if you agree to this.
They can also work up to 20 days during Shared Parental Leave without bringing it to an end. These are called shared parental leave in touch (or SPLIT) days.
Please read more about booking blocks, by following the below link.
Shared Parental Leave and Pay: Booking blocks of leave - GOV.UK (www.gov.uk)
Applying for leave and pay
Your employee must follow the rules on starting parental leave and pay and give you at least eight weeks written notice of leave dates.
The mother must apply to her employer if they wish to take leave or pay and if the partner wants to take leave or pay, an application must be sent to both employers.
They can use the below forms to apply or, if you have your own forms, they can use those.
Shared Parental Leave forms and templates for parents | Acas
For further information on SPL and ShPP please visit the below.
Shared Parental Leave and Pay - GOV.UK (www.gov.uk)
If you're interested in having a conversation about parental leave and how it affects your business, please call Page Kirk on 0115 955 5500 or email enquiries@pagekirk.co.uk.