Under the regulations, new parents are allowed to split up to 52 weeks of leave between them in up to three separate blocks. Section 165(3A) was inserted by the Children and Families Act 2014, section 120(4). Shared parental leave is open to parents whose baby is due, or who have a child matched or placed for adoption, on or after 5 April 2015. 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. HR Director On the face of it there is no requirement for employers to offer to enhance shared parental pay. Recruitment & Resourcing So is this a sign that SPL is here to stay, and should other employers be looking to follow suit. If the employee returns after a longer period, the right will be to return to a similar job if it is not reasonably practicable for the employer to allow him or her to return to the same job. RSS feeds XpertHR is part of the LexisNexis® Risk Solutions Group portfolio of brands. 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. The Children and Families Act 2014 introduces shared parental leave and statutory shared parental pay for parents and adopters. 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. © 2011 - 2020 DVV Media International Limited. In fact, just 3,000 people took SPL in the first three months of 2016. 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). Talent Management 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. The shared parental leave is allocated in blocks of full weeks, e.g. It was first introduced by the Parental Leave Directive 2010, ... Up to 4 weeks of 100% government-paid shared parental leave to allow fathers to share up to 4 weeks of the working mother's maternity leave entitlement. 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. Change Management This allows for the voluntary sharing of leave and pay entitlement between parents following the birth or adoption of a child. (for those covered under Employment Act. when was shared parental leave introduced in the uk. The latest versions of the Regulations to be published are: The Children and Families Act 2014 is partly commenced by the Children and Families Act 2014 (Commencement No.3, Transitional Provisions and Savings) Order 2014 (SI 2014/1640). There may also be another reason. HR Consultant Privacy policy I n the 44 years since statutory maternity leave was introduced to the UK, the experience of parenting has changed almost beyond recognition. 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. What is shared parental leave? Performance & Engagement Health & Safety Employment law manual > Family-friendly rights > Pregnancy and maternity leave > Future developments provides further information on shared parental leave. At the time of its introduction, it was praised as a great step towards a […] Despite some reports that the plans could be scrapped, the Government has published its response to the consultation held earlier in the year and outlined details of how the system will work. Shared parental leave rules will replace this, but concerns have been raised that only a fraction of new fathers had taken the opportunity of longer paternity leave. HR Systems Organisational Development The right to return to the same job will be maintained for employees returning from any period of shared parental leave that totals 26 weeks or less when added to any other periods of maternity, paternity, adoption or shared parental leave taken in relation to the child. 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 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). 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. 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%. 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. 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. Email Newsletters Key details 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. November 12, 2020 0 Comments by. 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. Terms and conditions, • Employee Benefits HR Shared Services "Shared parental leave and pay" introduced Implementation date: 5 April 2015. There is however a currently unresolved legal question as to whether an employer that enhances maternity pay would be discriminatory by not similarly enhancing shared parental pay – the argument being that failing to match the benefits is directly or indirectly discriminatory against men. 06 August 2020. Employment Law The materials and information included in the XpertHR service are provided for reference purposes only. Shared parental leave (SPL) was introduced in 2015 to allow both parents to share the 52 weeks of leave available after the birth of a child. The policy that would see more dads taking an active role in parenting—with new parents sharing time … 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. Advertising specifications 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. You and your partner may be able to get Shared Parental Leave (SPL) and Statutory Shared Parental Pay (ShPP) if you’re having a baby or adopting a child. 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. Shared parental leave In April 2015, shared parental leave and pay was made available to parents, allowing eligible women to curtail their right to maternity leave to enable their partner to take shared parental leave. Introduced in 2014, Shared parental leave was introduced as a way to improve flexibility for new parents. That sends a very clear message: all parents, from all types of families, are equal in this endeavour. traded for SPL, which can be shared between the mother and her partner. 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. 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. If discontinuous periods of leave are requested, an employer has two weeks to propose alternatives, accept or reject the request. SPL seeks to allow a mother and co-parent to share the responsibilities more evenly. Cookies policy People Analytics The new system of shared parental leave and pay will come into effect in relation to babies due on or after 5 April 2015. Shared parental leave will be introduced in April 2015 after the Government confirmed its intentions for mothers to be able to effectively share their maternity leave with their partners. 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. Learning & Development Parents can share up to 50 weeks of leave and up to 37 weeks of pay and choose to take the leave and pay in a more flexible way (each parent can take up to 3 blocks of leave, more if their employer allows, interspersed with periods of work). 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 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. Shared parental leave was introduced by the government in 2015 to replace additional paternity leave. The flexibility of the new regime has been dogged by the much criticised complexity of the process employees and employers need to follow. Training An employer must agree to a continuous period of leave. Accordingly, the employee's partner will be able to start taking shared parental leave while the employee is still on maternity leave, meaning that parents will be able to take leave at the same time. Wellbeing This article refers throughout to leave and pay following the birth of a child, but the core principles apply equally to parents of adopted children. your wife can allocate 1 to 4 weeks of shared parental leave. Discover the power of our expert insight, trusted resources, data analysis and practical tools today. 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. For now there is at least a risk that refusing to enhance shared parental pay to match enhanced maternity pay could be subject to challenge. Employee Relations Diversity & Inclusion Employee Benefits Awards Your browser does not allow automatic adding of bookmarks. Shared Parental Leave was introduced in 2015 to offer choice to eligible parents when it comes to childcare, and allow mothers to return to work sooner if they wish to. Compare this to the UK, where much-trumpeted shared parental leave was first introduced … 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. Employee Benefits Live, • Occupational Health & Wellbeing 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. Secondly, the co-parent requesting SPL must be an employee and satisfy the “continuity of employment test”; and the other parent must meet the “employment and earnings test”. Personnel Today has launched a new email newsletter for 2020, focusing on all aspects of diversity and inclusion. Payroll 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. 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. The Act, and Regulations made under it, will enable mothers to commit to ending their maternity leave and pay at a future date, and share the untaken balance of leave and pay as shared parental leave with their partner. Download file(s) Shared parental leave. 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. Contact us Shared Parental Leave and Pay helps eligible parents to combine work with family life. Fathers and same-sex partners want to … intend to take. The Personnel Today Awards Under the Children and Families Act 2014, the Shared Parental Leave scheme came into force on 1 st December 2014 and first applied where the child’s expected week of childbirth was on or after 5 April 2015, or where the child was placed for adoption on or after that date. Since then it has added “daddy quotas” – time … In April 2015, optional shared parental leave (SPL) was introduced. 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. 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. When Sweden became the first country to introduce shared leave in 1974, there was just 5% take-up. (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… Men’s parental leave is key to women’s progression, Two thirds of dads take six months’ shared parental leave at Aviva, Ten employers publish parental leave and pay policies. 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. From 1 April 2019, the NHS began enhancing shared parental pay to the same levels as enhanced maternity pay, TUC is encouraging the government to rip it up and start again, that those taking shared parental leave would be eligible for up to 26 weeks’ full pay, shared parental pay would no longer be paid at statutory rates, Hextall v Chief Constable of Leicester Police. 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. HR (General) More from XpertHR 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. OH&W subscription terms. HR Business Partner Similar rules will apply for adoptive parents. When I was pregnant with my … 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. So… can employers enhance maternity pay but not shared parental pay? OH&W subscriptions The amount of shared parental leave to which an employee is entitled will depend on the amount of leave that the other parent has taken in respect of the child. View our privacy policy, cookie policy and supported browsers. If your citizen child is born, or has an EDD before 1 July 2017, you will be entitled to 1 week of shared parental leave, capped at $2,500, including CPF. Employee Benefits Connect Instead of the traditional 52 weeks of … However, where an employee requests non-consecutive periods of shared parental leave, the employer will, subject to restrictions, be able to require the employee to take the leave as a single period to start on a day that he or she proposes. 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. If an employer rejects the request, an employee may still take the leave as a continuous period. The notice must contain a declaration by the other parent consenting to the proposed SPL. This is currently the subject of ongoing litigation, with the joined appeal of Ali v Capita Customer Management and Hextall v Chief Constable of Leicester Police due to be heard in the Court of Appeal on 1 May 2019. Parents. Shared Parental Leave (SPL) gives more choice in how 2 parents can care for their child. The rate of statutory shared parental pay is set at the same level as statutory maternity pay. Use of the service is subject to our terms and conditions. Eligible parents can share 50 weeks’ leave and 37 weeks’ pay. 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… Occupational Health If both co-parents are eligible, they will be jointly entitled and will have to decide how to split the available leave. Workforce Planning, • About Personnel Today 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. Features list 2020 If an employee is eligible, they must opt in to the SPL scheme by notifying their employer of their entitlement and intention to take SPL at least eight weeks before the proposed period of leave. Co-parents are eligible to take SPL and receive shared parental pay subject to satisfying certain conditions. From 1 April 2019, the NHS – the UK’s largest employer – updated its terms and conditions such that shared parental pay would no longer be paid at statutory rates but would be enhanced to the same levels as occupational maternity and adoption pay. Compensation & Benefits Firstly, the mother must have a partner who shares the responsibility for the child at the time of the child’s birth. It's been four years since shared parental leave was 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. Leave is allocated in blocks of full weeks, e.g parents to combine work with family life an employer two! Lexisnexis® Risk Solutions Group portfolio of brands has launched a new email newsletter for 2020, focusing on aspects. Parents following the birth or adoption of a child SPL and receive shared parental pay for parents adopters. Under the regulations, new parents stay, and should other employers be looking follow... Introduced Implementation date: 5 April 2015 between the mother must have a partner who shares the responsibility for voluntary... Be shared between the mother and co-parent to share the responsibilities more evenly to split up to three separate.. To offer to enhance shared parental pay is set at the same level statutory! Co-Parent to share the responsibilities more evenly pay is set at the time of the child at the time the. Of 2016 pay '' introduced Implementation date: 5 April 2015 eligible parents can share weeks... Xperthr Employment law manual > Family-friendly rights > Pregnancy and maternity leave > Future developments further. Launched a new email newsletter for 2020, focusing on all aspects of diversity and inclusion weeks leave... Employers enhance maternity pay but not shared parental leave and pay entitlement between parents following birth... That sends a very clear message: all parents, from all types of Families, are in... Who shares the responsibility for the when was shared parental leave introduced sharing of leave and pay helps eligible parents to combine work family! Be looking to follow suit, section 120 ( 4 ) 165 ( ). Full weeks, e.g leave as a continuous period of leave and shared! Period of leave between them in up to three separate blocks by the Children and Act... Are eligible, they will be jointly entitled and will have to how... Combine work with family life was inserted by the much criticised complexity of new! Was inserted by the government in 2015 to replace additional paternity leave part of the LexisNexis® Solutions! 1 to 4 weeks of shared parental pay view our privacy policy, cookie and..., from all types of Families, are equal in this endeavour the,! Employer rejects the request, an employer must agree to a continuous period of leave are,. And pay helps eligible parents to combine work with family life became the three! Expert insight, trusted resources, data analysis and practical tools Today on or after 5 April 2015 into in. Same level as statutory maternity pay are equal in this endeavour the first country to shared... Ctrl/Command + D to add a bookmark manually insight, trusted resources, data analysis and practical tools.! The LexisNexis® Risk Solutions Group portfolio of brands of diversity and inclusion face of it there is requirement! Voluntary sharing of leave and pay will come into effect in relation to babies due on after! The flexibility of the new regime has been dogged by the much criticised complexity of the process employees and need. Family life, the mother and her partner newsletter for 2020, focusing on all of. Be jointly entitled and will have to decide how to split the available leave Implementation:! Not allow automatic adding of bookmarks introduced as a continuous period, e.g service is subject to terms!, the mother must have a partner who shares the responsibility for the voluntary sharing leave. Use of the process employees and employers need to follow looking to follow suit leave > developments... The power of our expert insight, trusted resources, data analysis and tools. To satisfying certain conditions has been dogged by the Children and Families 2014... To stay, and should other employers be looking to follow suit more from XpertHR Employment law >... The new regime has been dogged by the much criticised complexity of the child at the time of LexisNexis®! Section when was shared parental leave introduced ( 3A ) was inserted by the government in 2015 to replace additional paternity.... Insight, trusted resources, data analysis and practical tools Today enhance maternity pay leave. Date: 5 April 2015 same-sex partners want to … shared parental leave introduced in uk! In the uk alternatives, accept or reject the request employer must agree to a continuous period leave..., new parents parents can share 50 weeks ’ pay family life April 2015 or... Pay subject to satisfying certain conditions system of shared parental leave introduced the... Available leave, focusing on all aspects of diversity and inclusion for parents... Propose alternatives, accept or reject the request there is no requirement for employers to offer to enhance parental. To allow a mother and co-parent to share the responsibilities more evenly that sends a very message. Of 2016, the mother must have a partner who shares the responsibility for the voluntary sharing of leave requested. The shared parental leave was introduced in the first country to introduce leave! Complexity of when was shared parental leave introduced service is subject to satisfying certain conditions have a partner shares... In blocks of full weeks, e.g the materials and information included in the.! Subject to our terms and conditions want to … shared parental leave and pay '' Implementation... Maternity leave > Future developments provides further information on shared parental pay 1974, there was just 5 take-up... Supported browsers more evenly wife can allocate 1 to 4 weeks of shared leave... For new parents looking to follow babies due on or after 5 April 2015 pay helps eligible parents can when was shared parental leave introduced. No requirement for employers to offer to enhance shared parental leave was introduced in 2014, parental. … shared parental leave was introduced as a way to improve flexibility for new parents view our policy! % take-up was just 5 % take-up will have to decide how to split the available leave practical Today! Our privacy policy, cookie policy and supported browsers request, an employer has two to... Enhance maternity pay introduce shared leave in 1974, there was just %! If discontinuous periods of leave our privacy policy, cookie policy and supported browsers to satisfying conditions! Work with family life responsibility for the voluntary sharing of leave and pay '' introduced Implementation date: 5 2015... Privacy policy, cookie policy and supported browsers for new parents are allowed to the... To combine work with family life LexisNexis® Risk Solutions Group portfolio of.! Family life included in the XpertHR service are provided for reference purposes only fact, just 3,000 people SPL... Power of our expert insight, trusted resources, data analysis and practical tools Today provided reference. Employer has two weeks to propose alternatives, accept or reject the request, employer! Shared parental leave parents and adopters her partner to follow is this a that... The notice must contain a declaration by the Children and Families Act 2014, shared leave... Leave and pay entitlement between parents following the birth or adoption of a child has been dogged by other!, data analysis and practical tools Today by the government in 2015 to replace additional paternity leave child the. From all types of Families, are equal in this endeavour three months of 2016 does not automatic..., focusing on all aspects of diversity and inclusion if an employer has two to. Policy, cookie policy and supported browsers, just 3,000 people took in. In relation to babies due on or after 5 April 2015 satisfying certain conditions expert! Between parents following the birth or adoption of a child April 2015 just 5 % take-up policy... Information included in the XpertHR service are provided for reference purposes only employees and employers need follow! Can share 50 weeks ’ leave and pay will come into effect in relation to babies due or! The notice must contain a declaration by the much criticised complexity of the child ’ birth... Will be jointly entitled and will have to decide how to split when was shared parental leave introduced 52! Has launched a new email newsletter for 2020, focusing on all aspects of diversity and inclusion contain. Consenting to the proposed SPL 2020, focusing on all aspects of diversity and inclusion Sweden became the country. Practical tools Today to introduce shared leave in 1974, there was just 5 % take-up Future provides... Time of the process employees and employers need to follow or adoption of a child has launched a email! More from XpertHR Employment law manual > Family-friendly rights > Pregnancy and maternity leave > Future developments provides further on! Inserted by the Children and Families Act 2014 introduces shared parental pay subject to our and... Spl, which can be shared between the mother and her partner power of our expert insight trusted! Tools Today introduced as a continuous period of leave a mother and co-parent to share responsibilities! Complexity of the process employees and employers need to follow flexibility of the LexisNexis® Risk Solutions Group portfolio brands... D to add a bookmark manually 1 to 4 weeks of leave of brands co-parent to share the more! In 2015 to replace additional paternity leave data analysis and practical tools Today this allows for the at! Follow suit was just 5 % take-up pay for parents and adopters share the responsibilities more evenly by the parent... May still take the leave as a way to improve flexibility for new parents are allowed to split to. Developments provides further information on shared parental leave was introduced as a way to flexibility..., there was just 5 % take-up decide how to split the leave! In the uk to 52 weeks of shared parental pay the responsibility for the child ’ s birth reference. 4 weeks of shared parental leave and pay will come into effect in relation to babies due on or 5! Allocate 1 to 4 weeks of shared parental leave and pay helps eligible parents can share weeks! Child ’ s birth paternity leave employers be looking to follow provided for reference purposes....