Appendix 5 - Shared Parental Leave Policy
Shared Parental Leave enables eligible parents to choose how to share the care of their child during the first year of birth or adoption. Its purpose is to give parents more flexibility in considering how to best care for, and bond with, their child. All eligible employees have a statutory right to take Shared Parental Leave. There may also be an entitlement to some Shared Parental Pay. This policy sets out the statutory rights and responsibilities of employees who wish to take statutory Shared Parental Leave (SPL) and statutory Shared Parental Pay (ShPP). If you have any questions regarding this policy please speak to your Manager at any time.
Please note that for calculation purposes, qualifying weeks run from Sunday to Saturday.
During SPL, all the terms of your contract of employment continue unchanged and you will receive all of your contractual benefits except salary unless stated/agreed otherwise. Instead of salary, you may be entitled to receive ShPP (see below).
Eligibility
SPL can only be used by two people:
The mother/adopter and
One of the following:
the father of the child (in the case of birth) or
the spouse, civil partner or partner of the child's mother/ adopter.
Both parents must share the main responsibility for the care of the child at the time of the birth/placement for adoption.
Additionally, an employee seeking to take SPL must satisfy each of the following criteria:
the mother/adopter of the child must be/have been entitled to statutory maternity/adoption leave or if not entitled to statutory maternity/adoption leave they must be/have been entitled to statutory maternity/adoption pay or maternity allowance and must have ended or given notice to reduce any maternity/adoption entitlements;
they must still be working for the Company at the start of each period of SPL;
they must pass the ‘continuity test’ requiring them to have a minimum of 26 weeks' continuous service at the end of the 15th week before the child’s expected due date, or in the case of an adoption, at the week the adoption agency notifies them that they have been matched with a child for adoption;
the eligible partner must meet the ‘employment and earnings test’ requiring them in the 66 weeks leading up to the child’s expected due date/matching date to have worked (in an employed or self-employed capacity) for at least 26 weeks and to have had an average weekly earnings of at least £30 (this figure may change annually) in any 13 of those weeks;
the eligible employee must correctly notify the Company of their entitlement and provide evidence as required;
the eligible employee must also provide to the Company notice to end any maternity leave, statutory maternity pay (SMP) or maternity allowance (MA) periods.
Entitlement
Eligible employees may be entitled to take up to 50 weeks SPL during the child’s first year in their family. This is because a mother must legally take the first 2 weeks following child birth off as Maternity Leave. The number of weeks available is calculated using the mother’s/adopter’s entitlement to maternity/adoption leave, which allows them to take up to 52 weeks’ leave. If they reduce their maternity/adoption leave entitlement then they and/or their partner may opt-in to the SPL system and take any remaining weeks as SPL.
A mother/adopter may reduce their entitlement to maternity/adoption leave by returning to work before the full entitlement of 52 weeks has been taken, or they may give notice to curtail their leave at a specified future date.
SPL can commence as follows:
The mother can take SPL after she has taken the legally required two weeks of maternity leave immediately following the birth of the child
The adopter can take SPL after taking at least two weeks of adoption leave
The father/partner/spouse can take SPL immediately following the birth/placement of the child, but may first choose to exhaust any paternity leave entitlements (as the father/partner cannot take paternity leave or pay once they have taken any SPL or ShPP).
Where a mother/adopter gives notice to curtail their maternity/adoption entitlement then the mother/adopter’s partner can take leave while the mother/adopter is still using their maternity/adoption entitlements.
SPL will generally commence on the employee's chosen start date specified in their notification letter, or in any subsequent variation.
If the employee is eligible to receive it, Shared Parental Pay (ShPP) may be paid for some, or all, of the SPL period.
SPL must end no later than one year after the birth/placement of the child. Any SPL not taken by the first birthday or first anniversary of placement for adoption is lost.
Notifying The Company
As part of the eligibility criteria, an employee must provide their employer with the correct notifications (See below).
An employee intending to opt into the SPL scheme must give at least eight weeks' written notice to end their maternity/adoption leave (a curtailment notice) before they can take SPL. The notice must state the date the maternity/adoption leave will end. The notice can be given before or after you give birth/before or after adoption leave starts, but an employee must take at least 2 weeks maternity/adoption leave.
The notice to end maternity/adoption leave cannot usually be revoked. You can only do so if the maternity/adoption leave has not yet ended and one of the following applies:
if you realise that neither you nor the other parent are in fact eligible for SPL or ShPP, in which case you can revoke the notice ending maternity leave in writing up to eight weeks after it was given;
if the other parent has died; or
in respect of maternity leave, if you gave the notice before giving birth, you can revoke it in writing up to eight weeks after it was given, or up to six weeks after birth, whichever is later.
Once you have revoked a notice to end maternity/adoption leave you will be unable to opt back into the SPL scheme, unless you revoked it on the basis that it had been given before you gave birth.
An employee intending to take SPL should also notify their Manager of this intention at least 8 weeks before they want SPL to start. Notification must be in writing and requires each of the following:
the name of the employee;
the name of the other parent;
the date on which the child is expected to be born and the actual date of birth or, in the case of an adopted child, the date on which the employee was notified of having been matched with the child and the date of placement for adoption;
the start and end dates of any maternity/adoption leave or pay, or maternity allowance, taken in respect of the child and the total amount of SPL available;
the amount of SPL the employee and their partner each intend to take
a non-binding indication of when the employee expects to take the leave.
You must also provide a signed declaration stating:
that you meet, or will meet, the eligibility conditions and are entitled to take SPL and ShPP;
that the information you have given is accurate;
if you are not the mother/adopter you must confirm that you are either the father of the child or the spouse, civil partner or partner of the mother/adopter;
that should you cease to be eligible you will immediately inform the Company;
the start and end dates of any maternity/adoption pay or maternity allowance;
the total amount of ShPP available, the amount of ShPP you and your partner each intend to claim, and a non-binding indication of when you expect to claim ShPP.
You must also provide a signed declaration from your partner stating:
their name, address and national insurance number (or a declaration that they do not have a national insurance number);
that they are the mother/adopter of the child or they are the father of the child or are the spouse, civil partner or partner of the mother/adopter;
that they satisfy the ‘employment and earnings test’, and had at the date of the child’s birth or placement for adoption the main responsibility for the child, along with you;
that they consent to the amount of SPL that you intend to take;
that they consent to the Company processing the information contained in the declaration form;
that they will immediately inform their partner i.e. you should they cease to satisfy the eligibility conditions.
their agreement to you claiming ShPP and for the Company to process any ShPP payments to you;
(in the case whether the partner is the mother/ adopter) that they have reduced their maternity/adoption pay or maternity allowance.
We may, within 14 days of receiving this entitlement notification request:
the name and business address of the partner’s employer;
the partner’s contact details if they are no longer employed or are self-employed;
in the case of biological parents, a copy of the child's birth certificate (or, where one has not been issued, a declaration as to the time and place of the birth);
in the case of an adopted child, documentary evidence of the name and address of the adoption agency, the date on which you/your partner were notified of having been matched with the child and the date on which the agency expects to place the child for adoption
In order to be entitled to SPL, you must produce this information within 14 days of the Company’s request.
Booking Shared Parental Leave
Booking Notice
In addition to notifying us of entitlement to SPL/ShPP, you must also give notice to take the leave. This is called your Booking Notice. In many cases, notice to take leave will be given at the same time as the notice of entitlement to SPL.
You have the right to submit three/or more notifications specifying leave periods you are intending to take. Each notification may contain either:
a single period of weeks of leave; or
two or more weeks of discontinuous leave, where you intend to return to work between periods of leave.
SPL can only be taken in complete weeks but may begin on any day of the week. For example, if a week of SPL began on a Tuesday, it would finish on a Monday. Where an employee returns to work between periods of SPL, the next period of SPL can start on any day of the week.
You must book SPL by giving the correct notification at least eight weeks before the date on which you wish to start the leave and (if applicable) receive ShPP.
You must also state in your notice the dates on which you intend to claim ShPP, if applicable.
Continuous Leave Notifications
A notification can be for a period of continuous leave, which means a notification of a number of weeks taken in a single unbroken period of leave.
You have the right to take a continuous block of leave notified in a single notification, so long as it does not exceed the total number of weeks of SPL available to you and the Company has been given at least eight weeks’ notice.
You may submit up to three separate notifications for continuous periods of leave.
Discontinuous Leave Notifications
A single notification may also contain a request for two or more periods of discontinuous leave, which means asking for a set number of weeks of leave over a period of time, with breaks between the leave where you return to work (for example, an arrangement where you will take six weeks of SPL and work every other week for a period of three months).
Where there is concern over accommodating the notification, the Company or you may seek to arrange a meeting to discuss the notification with a view to agreeing an arrangement that meets both the needs of you and the Company.
The Company will consider a discontinuous leave notification but has the right to refuse it. If the leave pattern is refused, you can either withdraw it within 15 days of giving it, or can take the leave in a single continuous block.
Discussion Following A Shared Parental Leave Request
Upon receiving a Booking Notice, we may seek to arrange an informal discussion with you to talk about your intentions and how you currently expect to use your SPL entitlement.
Your Manager will usually arrange a meeting to discuss. Where your Booking Notice is for a single period of continuous leave, or where a request for discontinuous leave can be approved in the terms stated in your notice, a meeting may not be necessary.
Where a meeting is arranged it will take place in private and be arranged in advance. If the initial date is problematic then another date will be arranged if possible. If an alternative date cannot be arranged then the meeting may be held over the telephone.
At the meeting you may, if you wish, be accompanied by a fellow colleague or trade union representative.
The purpose of the meeting is to discuss in detail the leave proposed and what will happen while you are away from work. Where it is a request for discontinuous leave the discussion may also focus on how the leave proposal could be agreed, whether a modified arrangement would be agreeable to you and the Company, and what the outcome may be if no agreement is reached.
Responding To A Shared Parental Leave Notification
Once your Manager receives your leave Booking Notice, it will be dealt with as soon as possible, but a response will be provided no later than 14 days after the leave request was made.
All notices for continuous leave will be confirmed in writing.
All requests for discontinuous leave will be carefully considered, weighing up the potential benefits to you and to the Company against any adverse impact to the business.
Each request for discontinuous leave will be considered on a case-by-case basis. Agreeing to one request will not set a precedent or create the right for another employee to be granted a similar pattern of SPL.
You will be informed in writing of the decision as soon as is reasonably practicable, but no later than 14 days after the leave notification was made. The request may be granted in full or in part: for example, the Company may propose a modified version of the request.
If a discontinuous leave pattern is refused then you may withdraw the request without detriment on or before the 15th day after the notification was given; or may take the total number of weeks in the notice in a single continuous block.
If you choose to take the leave in a single continuous block, you have until the 19th day from the date the original notification was given to choose when you want the leave period to begin.
The leave cannot start sooner than eight weeks from the date the original notification was submitted.
If you do not choose a start date then the leave will begin on the first leave date requested in the original notification.
Changing Your SPL Arrangements
You are permitted to vary or cancel an agreed and booked period of SPL, provided that you advise the Company in writing at least eight weeks before the date of any variation. Any new start date cannot be sooner than eight weeks from the date of the variation request.
Any variation or cancellation notification made by you, including notice to return to work early, will usually count as a new notification reducing your right to book/vary leave by one of the three allowed as above.
However, a change as a result of a child being born early, or as a result of the Company requesting it be changed, and you being agreeable to the change, will not count as further notification. Any variation will be confirmed in writing by the Company.
Shared Parental Pay
Eligible employees may be entitled to take up to 37 weeks ShPP while taking SPL. The amount of weeks available will depend on the amount by which the mother/adopter reduces their maternity/adoption pay period or maternity allowance period.
ShPP may be payable during some or all of SPL, depending on the length and timing of the leave.
Eligibility
In addition to meeting the eligibility requirements for SPL, an employee seeking to claim ShPP must further satisfy each of the following criteria:
the mother/adopter must be/have been entitled to statutory maternity/adoption pay or maternity allowance and must have reduced their maternity/adoption pay period or maternity allowance period;
the employee must intend to care for the child during the week in which ShPP is payable;
the employee must have average weekly earnings for the period of eight weeks leading up to and including the 15th week before the child’s expected due date or in the case of an adoption, at the week the adoption agency notifies them that they have been matched with a child for adoption, not less than the lower earnings limit in force for national insurance contributions;
the employee must remain in continuous employment until the first week of ShPP has begun;
the employee must give proper notification.
Where an employee is entitled to receive ShPP they must, at least eight weeks before receiving any ShPP, give their Manager written notice advising of their entitlement to ShPP. To avoid duplication, this should be included as part of the notice of entitlement to take SPL.
Entitlement
Any ShPP due will be paid at the rate set by the Government for the relevant tax year.
Shared Parental Leave in Touch Days
You are able to work for up to 20 days during SPL without losing the right to your statutory pay or bringing your SPL to an end. Work can be any work under your contract of employment and may include any training or activity undertaken with the purpose of keeping in touch with the Company. These are known as Shared Parental Leave in Touch days (SPLIT days). The Company is not obliged to offer such days and you are not obliged to accept it. Your normal salary will be paid, this will however be offset by any ShPP you are receiving at the time.
Contractual Rights During Shared Parental Leave
While you are on Shared Parental leave, your employment relationship with the Company continues and you have the following rights.
Holiday Entitlement
You continue to accrue contractual and statutory holiday during SPL. Where possible, you should arrange to take all of your outstanding holiday entitlement for the year, before you go on SPL. Any leave not taken by the end of the holiday year may be carried forward to the next holiday year, but should be taken as soon as possible from the end of the SPL. No payment will be made in lieu unless there are exceptional circumstances and only then at the Company’s discretion.
Pension
The period during which SPL will be paid is treated as pensionable service.
During SPL the Company will continue to maintain the employer contributions that the Company would usually make into the Pension Scheme i.e. based on what your earnings would have been if you had not been on SPL. The Company will continue to make these employer pension contributions during any period of SPL during which you are in receipt of ShPP. However, once you have exhausted your entitlement to ShPP the Company will then cease to make any contributions for the remainder of your SPL.
Prior to your SPL we will clarify with you what you would like to do with regards to employee contributions during your SPL period.
Contractual Benefits
If you are contractually entitled to receive benefits you will continue to be entitled to those benefits during SPL.
Returning To Work
You will be expected to return to work on the next working day after your SPL ends as per the agreement prior to your SPL commencing.
If you wish to return to work early
If you wish to return to work before the end of your SPL period, you must give us at least 8 weeks’ notice, in writing, of your return.
This will count as one of your notifications. If you have already used your three notifications to book and/or vary leave then the Company does not have to accept the notice to return early, but may do if it is considered to be reasonably practicable to do so.
Illness at the end of Shared Parental Leave
If you are unable to attend work at the end of your SPL period because of sickness, our normal arrangements for sickness absence will apply.
If you decide not to return to work after Shared Parental Leave
If you do not wish to return to work after your SPL, you must give us the notice required by your contract of employment, in writing.
Contractual Rights On Return To Work
On returning to work after SPL, you are entitled to return to the same job if your total statutory maternity/paternity/adoption leave and SPL amounts to 26 weeks or less.
If the maternity/paternity/adoption leave and SPL amounts to 26 weeks or more, the employee is entitled to return to the same job they held before commencing the last period of leave or, if this is not reasonably practicable, to another job which is both suitable and appropriate and on terms and conditions no less favourable.