Shared parental leave 2015 guidance for parents and employers

A guide for

Parents and

Employers

Shared

Parental Leave

New Shared Parental Leave (SPL)

Came into force 1 Dec 2014 for births/adoptions on / after 5 April 2015



One of the parents needs to be an employee and the other to be

‘economically active’ – e.g self-employed





Parents can share leave and statutory pay. SPL is paid at the

statutory rate.





Parents can share leave and statutory pay. SPL is paid at the

statutory rate.

Total amount of SPL parents can share is 50 weeks

with both mother and partner allowed to take this leave at the same

time or separately

SPL

step

by

step

SPL

step

by

step

SPL

step

by

step

SPL

step

by

step

Eligibility

To qualify for SPL mother must:

have a partner

Eligibility


have a partner

be entitled to maternity/adoption

leave or statutory maternity/ adoption

pay

or maternity allowance

Eligibility


have a partner

be entitled to maternity/adoption

leave or statutory maternity/ adoption

pay

or maternity allowance

have curtailed, or given notice to

reduce maternity/adoption leave, or

pay/allowance

To take SPL parent must:

be an employee

Eligibility


be an employee

share primary responsibility for the child at time of birth or

placement (this includes divorced spouse if he/she still shares primary

responsibility for the child at time of birth /placement )

Eligibility


be an employee

share primary responsibility for the child at time of birth or

placement (this includes divorced spouse if he/she still shares primary

responsibility for the child at time of birth /placement )

have properly notified their employer of entitlement

Eligibility

Eligibility

In addition, Parent wanting to take SPL must satisfy:

continuity of employment test

Eligibility

Employed for 26 weeks by 15 weeks before due-date/matching date - 15 weeks

Due date/ Matching Date

Working for Employer

- 26 weeks



Eligibility

Employed for 26 weeks by 15 weeks before due-date/matching date - 15 weeks


Working for Employer

- 26 weeks



and..

.. The partner must meet the

‘employment and earnings test’

Eligibility

Working



Eligibility

In the year before, Partner must have worked for more than 6 months

Earning av of £30 per week in any 13 weeks

Working




In 66 weeks leading up to due/matching date, partner has worked for at least 26 weeks earning average of £30 pw in any 13 weeks

- 66 weeks(14 months )

Eligibility

In the year before, Partner must have worked for more than 6 months

Earning av of £30 per week in any 13 weeks

Working

Be prepared

Plan for Staff Maternity Leave.

Communicate law change to employees, and new recruits.

Employers, it’s a pretty technical exercise!

Be prepared



Have a policy to ensure consistency

A stand alone policy is fine

Get the standard letters and policy ready


Be prepared






Our Shared Parental Leave Toolkit

has a policy and standard letters

and ½ an hour of free advice included. Contact us


http://www.thelegalpartners.com/new-shared-parental-leave-toolkit-legal-advice-employers-hr-directors/

mailto:[email protected]?subject=Shared Parental Leave toolkit help



Be prepared






Our Shared Parental Leave Toolkit

has a policy and standard letters

and ½ an hour of free advice included. Contact us


Use this checklist when responding to an SPL request


mailto:[email protected]?subject=Shared Parental Leave toolkit help



① Does employee know company policy on SPL?

② Has maternity/adoption leave/pay ended or has date been

confirmed when will end?

③ Has employee correctly completed notice of entitlement to take

SPL?

④ How much SPL does employee have available?

⑤ Has meeting been arranged to discuss?

SPL Checklist:

How employees apply

How employers respond

⑥ Has response to the notice to book been given within

14 calendar days?

⑦ What leave period arranged?

⑧ How much SPL still have available for employee to take?

⑨ Other notices to book leave remaining?

⑩ How much SPL still have available for employee to take?

SPL Checklist:

How employees apply

How employers respond

Avani is due in two months’ time.

She and her partner want to share care.

Suitability

SPL may not be right for everyone.

Case study:



Avani is entitled to contractually-enhanced

maternity pay for 26 weeks.

Suitability


Case study:



Avani is entitled to contractually-enhanced

maternity pay for 26 weeks.

Her Partner has access to statutory pay rates

under SPL and has not taken annual leave in

this year.

Suitability


Case study:

It makes financial sense to take enhanced

maternity pay scheme for at least 26 weeks.

Why SPL may not suit Avani:

It makes financial sense to take enhanced

maternity pay scheme for at least 26 weeks.

Her partner wants more than the two

weeks’ paternity leave but might prefer to

use his annual leave.

Why SPL may not suit Avani:

Why SPL may suit Avani:

SPL means the couple can equally share.


SPL means the couple can equally share.

Avani could still take advantage of

occupational maternity pay by continuing

maternity leave while her partner takes a

period of Shared Parental Leave


Each notice to book SPL can be in

a‘continuous’ block..

“Continuous” or “Discontinuous”?




or in multiple ‘discontinuous’

blocks




or in multiple ‘discontinuous’

blocks

“Continuous” block means taking an unbroken period of leave.

Employees have a statutory right to take SPL in this way –

employers cannot refuse.

“Discontinuous” means asking for leave in chunks

over a period of time, with breaks where employee returns to work.

e.g 4 weeks leave, 3 weeks back at work and another 4 weeks leave

etc..on a rolling basis.

START STOPSTOPSTART

“Discontinuous” means asking for leave in chunks

over a period of time, with breaks where employee returns to work.

e.g 4 weeks leave, 3 weeks back at work and another 4 weeks leave

etc..on a rolling basis.

Employees can only take Discontinuous Leave, in single notice, with the

employer’s agreement.

Time will tell how far employers go to discourage Discontinuous Leave.

Think before refusing.

START STOPSTOPSTART

Step 1:

Step 2:

Step 3:

Step 4:

Received notice to take maternity, adoption or

paternity leave, or notification of entitlement?

Arrange informal discussion

Informal but allow employee to be

accompanied

SPL

steps

for

employer

Step 1:

Step 2:

Step 3:

Step 4:

Received notice to take maternity, adoption or

paternity leave, or notification of entitlement?

Arrange informal discussion

Informal but allow employee to be

accompanied

Continuous or Discontinuous?

N.B Can’t refuse Continuous.

Discontinuous? 14 days to discuss w employee

SPL

steps

for

employer

On receiving a notice to book leave:

4 possible outcomes once an employer has received,

considered and discussed a notice to book SPL:

unconditionally accept

confirm an agreed modification

refuse a leave notification

(discontinuous leave only).

fail to respond to a leave notification (don’t do this!)

Outcomes:

1

2

3

4

Reasonable contact allows employers

and employees to keep up-to-date.

Employer has legal obligations to keep

employee informed eg

staffing changes, job opportunities.

Discuss in advance how contact

will take place

During Shared Parental Leave:

SPLIT days:

During SPL both parents are eligible for

up to 20

Shared Parental Leave In Touch

(SPLIT) days.

SPLIT days:

During SPL both parents can ask for

up to 20


(SPLIT) days.

No obligation on employer to offer

or for employee to agree.

SPLIT days:

During SPL both parents are eligible for

up to 20


(SPLIT) days.

No obligation on employer to offer

or for employee to agree.

Be clear about pay for SPLIT day.

Contractual pay top up Shared Parental Pay to full pay?

Contractual pay additional to Shared Parental Pay?

(Must be minimum wage or more)

Returning to work after SPL:

Entitled to return to the same job if

combined leave period is 26 weeks or less.




If combined leave period exceeds 26 weeks,

employee returns to same job unless this is

not reasonably practical,




If combined leave period exceeds 26 weeks,

employee returns to same job unless this is

not reasonably practical,

in which case employee returns to a

suitable and appropriate job

on equal, no less favourable terms

Employees still accrue annual leave

while on SPL.

Employee should try to take annal leave

within SPL year.

If not possible,

it’s good practice to allow carry-over.

Annual leave during

Shared Parental Leave:

3 final points for Employers

All of which means, expect some difficulty in organising cover

Evidence? ACAS advises that employers should grant SPL based

on information provided by their employee.

Employers can request a copy of the birth or adoption certificate and

the name and address of the employee’s partner’s employer.

How far employers will act on this is unclear. Would you?


1







1

Family matters Be aware that couples working for the same

employer may choose to take a period of SPL at the same time.

If they apply for a continuous period, the employer cannot refuse

2








1

Family matters Be aware that couples working for the same

employer may choose to take a period of SPL at the same time.

If they apply for a continuous period The employer cannot refuse

2

Are you covered?

Periods of discontinuous leave are now an option

Employees required to give minimum of 8 weeks notice period for SPL

Employees have rights to cancel or vary leave

3


NEGOTIATING SUCCESS FOR BUSINESS IN UK & ASIA W W W . T H E L E G A L PA R T N E R S . C O M

We’d like to ensure parents and employers know

what to expect and are prepared for SPL

Employers, to keep you out of trouble as these new

Shared Parental Leave laws start to take effect

call us for help, advice or an SLP Tool kit on:

t: 0203 755 5288

email: [email protected]

Parents, we hope this has helped clarify what’s available to

you and helped you make your important leave decisions.

mailto:[email protected]?subject=Shared Parental Leave

Shared parental leave 2015 guidance for parents and employers

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Transcript of Shared parental leave 2015 guidance for parents and employers