So… can employers enhance maternity pay but not shared parental pay? The system of shared parental leave was introduced as part of the Government’s commitment to create a fairer society that gives parents more flexibility to decide how they want to share care for their child in the first year. It must also specify the start and end dates of any SPL, either as a single period of continuous leave or a pattern of periods of leave. Please press Ctrl/Command + D to add a bookmark manually. Co-parents are eligible to take SPL and receive shared parental pay subject to satisfying certain conditions. Copyright © 2020 LexisNexis Risk Solutions Group, Access the Coronavirus Job Retention Scheme, Coronavirus Job Retention Scheme/Furlough leave, Statutory Shared Parental Pay (General) Regulations 2014, Maternity and Adoption leave (Curtailment of Statutory Rights to Leave) Regulations 2014, Paternity and Adoption Leave (Amendment) Regulations 2014, Statutory Shared Parental Pay (Parental Order Cases) Regulations 2014, Statutory Shared Parental Pay (Adoption from Overseas) Regulations 2014, Shared Parental Leave and Paternity and Adoption Leave (Adoptions from Overseas) Regulations 2014, Employment Rights Act 1996 (Application of Sections 75A, 75B, 75G, 75H, 80A and 80B to Parental Order Cases) Regulations 2014, Employment Rights Act 1996 (Application of Sections 75G and 75H to Adoptions from Overseas) Regulations 2014, Statutory Shared Parental Pay (Persons Abroad and Mariners) Regulations 2014, Statutory Maternity Pay and Statutory Adoption Pay (Curtailment) Regulations 2014, Maternity Allowance (Curtailment) Regulations 2014, Paternity, Adoption and Shared Parental Leave (Parental Order Cases) Regulations 2014, Statutory Shared Parental Pay (Administration) Regulations 2014, Shared Parental Leave and Leave Curtailment (Amendment) Regulations 2015, Children and Families Act 2014 (Commencement No.3, Transitional Provisions and Savings) Order 2014 (SI 2014/1640), Employment law manual > Family-friendly rights > Pregnancy and maternity leave > Future developments. On top of that, the government’s shared parental leave scheme, introduced three years ago, has seen very poor take-up – as low as 2%. Aside from the initial period of mandatory leave which a mother must take (the first two weeks after childbirth) the remaining 50 weeks of leave can be shared between co-parents – and taken either concurrently, consecutively or a mix of the two. Although the use of shared parental leave increased by 23 percentage points last year, only 13,100 couples applied to use the scheme last year. Shared parental leave was introduced by the government in 2015 to replace additional paternity leave. Fathers and same-sex partners want to … Recruitment & Resourcing Shared Parental Leave was introduced in 2015, and allows you and your partner can share up to 50 weeks of leave – and up to 37 weeks of pay – during the 1st year of your baby’s life or the 1st year after you adopt (on top of the obligatory 2 weeks’ leave, or 4 if you work in a factory). On the face of it there is no requirement for employers to offer to enhance shared parental pay. The other parent will meet the employment and earnings test if, in the 66 weeks leading up to the baby’s expected due date/matching date, they have worked for at least 26 weeks and earned an average of at least £30 per week in any 13 weeks. Change Management Since then it has added “daddy quotas” – time … In April 2015, optional shared parental leave (SPL) was introduced. It’s a way of splitting parental leave between parents, giving couples more flexibility in deciding which parent takes time off work to look after a child. SPL was introduced in April 2015 as a way to give fathers more time to bond with their babies, and to ease expectations on mothers. Contact us At the time of its introduction, it was praised as a great step towards a […] Employee Benefits Awards While shared parental leave must be taken in blocks of a minimum of one week, periods of leave can be interspersed with periods of work. HR Shared Services HR Business Partner People Analytics What is shared parental leave? Shared parental leave (SPL) was introduced in April 2015 and, despite being seen as a breakthrough for parents who work and want to divide childcare equally between them, the uptake has been slow. (for those covered under Employment Act. With reports citing that only 1% of those eligible took a period of shared parental leave in 2018 it is easy to overlook the potential value that SPL can offer. This month, it was Diageo that announced that those taking shared parental leave would be eligible for up to 26 weeks’ full pay during their leave. November 12, 2020 0 Comments by. Health & Safety SPL seeks to allow a mother and co-parent to share the responsibilities more evenly. OH&W subscriptions Eligible parents can share 50 weeks’ leave and 37 weeks’ pay. Whether it is in consideration of this, or part of a more general trend towards encouraging more parents to share leave after the birth of a child, there has certainly been an increase in the number of organisations offering enhanced benefits to those taking shared parental leave. If an employer rejects the request, an employee may still take the leave as a continuous period. Key details At a time of great unpredictability (and perhaps cynicism), it is just possible that some have an eye on what may be coming in the future. Colin Godfrey provides a refresh of how shared parental leave and pay works and looks at how some employers are trying to stop the scheme being a flop. They are not intended either as a substitute for professional advice or judgment or to provide legal or other advice with respect to particular circumstances. These extra weeks are available to parents of children born or placed with them for the purpose of adoption on or after March 17, 2019, as long as they share parental benefits. When parents apply for and share parental benefits, they may be eligible for one of the following: 5 extra weeks of parental benefits when choosing the standard option; or XpertHR is part of the LexisNexis® Risk Solutions Group portfolio of brands. (2) The provisions relating to shared parental leave in Part 3 have effect only in relation to children placed for adoption on or after 5th April 2… Terms and conditions, • Employee Benefits Although the tests are often relatively simple to satisfy in practice, you can quickly see that the relative complexity of the rules often put off employers from promoting SPL, and employees from taking it. Your browser does not allow automatic adding of bookmarks. The starting point is that those eligible for shared parental pay are entitled to share up to 39 weeks of shared parental pay, less any weeks of statutory maternity pay which have already been taken. Under the regulations, new parents are allowed to split up to 52 weeks of leave between them in up to three separate blocks. Compensation & Benefits Instead of taking the full 52 weeks of maternity or adoption leave, the mother or the ‘primary’ adopter can choose to share 50 weeks of their leave with their partner through shared parental leave. RSS feeds Cookies policy To be eligible to use the new shared parental leave system, each parent will need to meet qualifying criteria for leave and pay (a minimum level of earnings and length of service will apply). LNRS Data Services Limited trading as XpertHR is an Appointed Representative of Markel International Insurance Company Limited trading as Markel Legal Expenses Insurance which is authorised and regulated by the Financial Conduct Authority. "Shared parental leave and pay" introduced Implementation date: 5 April 2015. Mothers' entitlement to 52 weeks' maternity leave and 39 weeks' statutory maternity pay remains, as does fathers' entitlement to two weeks' ordinary paternity leave and pay, but additional paternity leave and additional statutory paternity pay are abolished. when was shared parental leave introduced in the uk. In October 2018 the government announced that it planned to consult on a bill that would require large employers to publish their parental leave package. Moreover, as SPL works by allowing an expectant mother to curtail her maternity leave, pay or allowance, many mothers face giving up potentially valuable enhanced maternity pay which may not be matched by the benefits each parent receives during SPL. Shared parental leave was introduced in 2015, a new form of leave which sought to mitigate the rigidity of maternity and paternity leave, where a woman taking maternity leave would be eligible for up to 52 weeks’ leave, but a co-parent (the child’s father or mother’s partner, sharing the main responsibility for the care of the child) only up to two weeks. Personnel Today has launched a new email newsletter for 2020, focusing on all aspects of diversity and inclusion. 2.—(1) The provisions relating to shared parental leave in Part 2 have effect only in relation to children whose expected week of birth begins on or after 5th April 2015. Employee Benefits Connect Talent Management The Children and Families Act 2014 introduces a new system of shared parental leave and pay that parents can access so that, where they want to, they can share caring responsibilities. This allows for the voluntary sharing of leave and pay entitlement between parents following the birth or adoption of a child. © 2011 - 2020 DVV Media International Limited. Either the father or partner takes shared parental leave and pay and the mother or ‘primary’ adopter stays on maternity or adoption leave and pay (although for a reduced period) or both parents can take shared parental leave and pay, as long as the… Employment Law An individual will meet the continuity of employment test if they have worked for the same employer for at least 26 weeks by the end of the 15th week before the child’s expected due date and continue to do so at the start of each SPL period taken. OH&W subscription terms. The notice must contain a declaration by the other parent consenting to the proposed SPL. Eligible parents who are sharing responsibility for a child can get SPL in the first year after: the birth of their child; adopting a child; getting a parental order if they had the child through surrogacy; How much Shared Parental Leave a parent can get Compare this to the UK, where much-trumpeted shared parental leave was first introduced … Since 5 April 2015, the Work and Families (Northern Ireland) Act 2015 introduced shared parental leave (SPL) and statutory shared parental pay (ShPP) to Northern Ireland. Performance & Engagement HR Director It's been four years since shared parental leave was introduced in the UK. Although the TUC is encouraging the government to rip it up and start again, increasing numbers of organisations are seeking to incentivise staff to make the most of the opportunities shared parental leave can bring. Occupational Health Employees who wish to end their maternity leave will not need to return to work to convert their untaken maternity leave into shared parental leave; an employee could give her employer notice of the date on which she intends to end her maternity leave and the untaken balance of her maternity leave would then become available immediately as shared parental leave. The materials and information included in the XpertHR service are provided for reference purposes only. Payroll I n the 44 years since statutory maternity leave was introduced to the UK, the experience of parenting has changed almost beyond recognition. Employee Relations The mother must also be entitled to maternity/adoption leave and maternity/adoption pay (or maternity allowance), both of which they have chosen to reduce. 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