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. Your employment under a new contract of employment takes effect immediately on the ending of your employment under your previous contract. READ MORE. December 4, 2020. You will also be entitled to contractual rights such as holidays which have built up until the end of the notice period. The case concerned Regulation 10 of the Maternity and Parental Leave Regulations 1999, which states that, if it is not practicable by reason of redundancy for an employer to continue to employ a woman on maternity leave, the employee is entitled to be offered (not … Shared Parental Leave allows parents to share childcare in the first year after the birth or adoption. If there is a suitable alternative vacancy then you must be offered the role, regardless of whether it is convenient for your employer to do so. Similar redundancy protections are now also being extended to other new parents who are returning to work after extended periods of leave for adoption and shared parental leave … In 2019, the government consulted on extending redundancy protection for employees returning from family leave. In this guide, you can find advice on shared parental leave and shared paternity pay. Maternity Leave - Catherine Oliver talks to Transition Peak about her top tips for making a successful return from Maternity Leave. During this time my employer will not have to pay my salary and I will receive Statutory Shared Parental Pay (ShPP) of about £140 per week. As you may know Shared Parental Leave is subtracted from my wife’s Maternity Leave entitlement – the two are inextricably linked. Shared Parental Leave allows parents to share childcare in the first year after the birth or adoption. The government will consult further over the coming months on how to provide a period of extended redundancy protection for those returning from shared parental leave … Flexible Working. This means that where there is a suitable alternative vacancy you are entitled to be offered, before the end of your existing contract, alternative employment under a new contract of employment with your employer, your employer’s successor, or an associated employer. For the alternative employment to amount to a suitable alternative vacancy, the work in the new role must be of a kind which is both suitable for them and appropriate for them to do in the circumstances. News The Job Retention Scheme | your questions answered. In July it published its response, confirming that existing protection (which currently applies only during maternity leave) will be extended so that it applies from the point of notification of pregnancy to six months af… This factsheet explains the legal protections available to employees taking  SPL (which are very similar to the protections for employees taking maternity or adoption leave). This is all judged on a case by case basis. This is because the law recognises that those absent from work on such leave would be at a disadvantage during redundancy processes if required to compete alongside other employees for jobs. SPL allows leave to be used more flexibly between the pregnant employee and their partner. If during a period in which you are on SPL it is not practicable by reason of redundancy for your employer to continue to employ you under your existing contract of employment, your employer must offer you any suitable alternative role. your wife can allocate 1 to 4 weeks of shared parental leave. Where an appropriate vacancy exists the employer must … Its purpose is the sharing of knowledge and best practice on shared parental leave. As you may know Shared Parental Leave is subtracted from my wife’s Maternity Leave entitlement – the two are inextricably linked. It can be too easy to treat employees on SPL as “out of sight and out of mind”, or to make negative assumptions about their future value to the business. This information sheet covers: who can take shared parental leave; qualifying conditions for shared parental leave … Redundancy while on 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. Your employer may also only allow you to take 4 weeks’ parental leave at one time. (See Redundancy during shared parental leave ) An employee has the right not to be subjected to a detriment or dismissed for exercising the right to take shared parental leave. 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 … Designed by Elegant Themes | Powered by WordPress, Employment protections for employees taking SPL, Fatherhood and work: pay bonus, family time deficit. An employee on maternity leave has certain special protections that you need to be aware of. This means the pregnant employee could end maternity leave early. If you are made redundant and your employment ends on or after the qualifying week (the 15th week before your baby is due), you will still be entitled to SMP for 39 weeks. Yes, an employee whose role becomes redundant while they are on shared parental leave must be offered any suitable alternative vacancy. The pregnant employee and their partner might be able to use Shared Parental Leave (SPL). Shared parental leave Redundancy Maternity & Paternity TUPE Disciplinary and grievances Employer’s guides AWARDS PT Awards RAD Awards OH&W Awards Jobs Find a job Jobs by email Careers advice Post a job Webinars XpertHR Learn more Products Pricing Free trial Subscribe XpertHR USA Advertise You may be concerned that your employer will “punish” you for taking SPL, or will think you are less committed to your job, or you may be afraid that by being absent from the workplace you are “out of sight and out of mind” when it comes to deciding who should be kept on. Just as for employees on maternity leave or adoption leave, the law requires employers to give preferential treatment to those on a period of SPL, when it comes to suitable alternative work. This means the pregnant employee could end maternity leave early. For example, if you have to travel much further to a different location, the role may not be suitable for you. Employees may be able to get Shared Parental Leave (SPL) and Statutory Shared Parental Pay (ShPP) if they’ve had a baby or adopted a child. Each candidate on leave would arguably have an equal right to the new role, and you must find a fair and unbiased way to identify who is appointed, such as through an interview or scoring process. Charles Wynn-Evans outlines how employers can nevertheless face a tribunal claim. Conceivably a number of candidates on SPL, maternity or adoption leave may exist for whom one particular vacancy is suitable. SPLash (SPL advice on sharing) has been created by an alliance of organisations with expertise in employment law and issues affecting parents at work. Redundancy; Informing and consulting employees; Holiday, sickness and leave. For the alternative employment to amount to a suitable alternative vacancy, the work in the new role must be of a kind which is both suitable for you and appropriate for you to do in the circumstances. Redundancy situations can be difficult for employers to handle fairly, and special care must be taken if any of your potentially-redundant employees are taking or planning to take shared parental leave (or any other period of family-related leave). An employee on shared parental leave has preferential redeployment rights in a redundancy situation. Employees have the right not to be disadvantaged or dismissed for a reason related to SPL during redundancy situations as well as at other times. Where an appropriate vacancy exists the employer must offer the employee the alternative employment under a new contract that begins on the day immediately following the day on … The extended protection will also be available to those on adoption leave and shared parental leave. The Shared Parental Leave (SPL) and Statutory Shared Parental Pay (ShPP) schemes enable eligible parents to share responsibility for caring for their child in the first year. Does this therefore mean I am not covered under section 10 for protection against redundancy during SPL ? There is a ‘vacancy’ as soon as there is an unfilled post that you propose to fill, and it ceases to be practicable for the employee to return to their old job by reason of redundancy once it has been deleted. Redundancy situations are very worrying for employees, and this worry can be even greater if you are taking or planning to take shared parental leave (or any other period of family-related leave). It is unlawful to select an employee for redundancy with that as the reason or principal reason motivating the selection. SPL one year on – reasons to be cheerful. Regulations 1999 (MAPLE), before making an employee on maternity leave redundant, employers have an obligation to offer them (not just invite them to apply for) a suitable alternative vacancy, where one is available with the employer (or an associated employer). The protections from dismissal and being disadvantaged for a reason related to SPL also apply during redundancy processes. In a restructuring process, it would also be unlawful to penalise a person’s score for the purposes of allocating them a role in the new structure, simply because they took time off on SPL in the past. You also have three months from the date of the treatment you complain about to raise the matter with ACAS and, if necessary, to bring a claim in the employment tribunal. Redundancy while on parental leave. HR practitioners, even some line managers, know full well that an employee at risk of redundancy when they are on maternity leave has certain rights to protect them from unfair treatment. If you are uncertain what to do you should seek advice. If an employee's job is made redundant while on parental leave, the employer has to: give them the correct notice; pay out any entitlements, including redundancy … However, the relationship between maternity leave and redundancy can be complex. There is a ‘vacancy’ as soon as there is an unfilled post that the employer proposes to fill, and it ceases to be practicable for you to return to your old job by reason of redundancy once it has been deleted. News Job Support Scheme | your questions answered. It’s the same as when an employee is pregnant or on maternity leave. If your employer thought you may wish to take SPL in the future, and that was the reason, or principal reason for your selection for redundancy, that would be unlawful. Yes, if the mother or adopter has given notice to curtail (cut short) the maternity or adoption leave period in order to transfer some of it to the other parent and the other parent has given notice to take shared parental leave with his/her employer, it makes no difference to that parent’s entitlement to shared parental leave if the … However the shared parental leave period ends on the 13th oct and the final decision about redundancy is to be made on the 14th. These reforms will for the first-time extend that redundancy protection for 6 months from the date of a mother’s return to work as well as covering those taking adoption or shared parental leave. The pregnant employee must still take at least 2 weeks' maternity leave … This gives the woman priority over other employees who are also at risk of redundancy thereby challengin… This factsheet summarises the legal protections available to employees taking  SPL and the steps you should take to comply with the law. It does not matter if you are not proposing to return from your SPL leave until some time in the future; you are still entitled to be offered the role. Shared parental leave Redundancy ... HR practitioners, even some line managers, know full well that an employee at risk of redundancy when they are on maternity leave has certain … December 4, 2020. Yes, you can be made redundant whilst on shared parental leave. The vacancy might be with a successor employer or an associated employer. It does not matter what stage you are at in the redundancy consultation, or if the employee is not proposing to return from their SPL leave until sometime in the future, or if you think someone else might do a better job in that role; once these criteria are met, the employee is entitled to be offered the role ahead of any other candidates not on SPL or maternity or adoption leave. Returning to work However you should make sure that your arrangements do not treat any woman on maternity leave unfavourably for a reason connected with pregnancy and childbirth (requiring her to attend a competitive interview shortly after giving birth, for example). However, further guidance is due for … Under the Maternity and Parental Leave etc. Shared Parental Leave forms (for parents getting a parental order for a child through surrogacy) File Shared-parental-leave-forms-for-parental-order.docx … Shared parental leave allows mothers to end maternity leave/pay early so that one or both parents can take leave in a more flexible way during the baby’s first year. You should raise the matter with your employer or former employer. SPLash (SPL advice on sharing) has been created by an alliance of organisations with expertise in employment law and issues affecting parents at work. By Esther Langdon on 10 Jan 2020 in Enhanced pay, Shared parental leave, Maternity, Paternity, Pregnancy and maternity discrimination, Latest News, Bereavement, Redundancy Brexit … It is a precondition of bringing a claim in the employment tribunal to have lodged a claim with ACAS, who might be able to help you and your employer reach a compromise solution, avoiding the need for proceedings. So, if during a redundancy process your employer selects you for redundancy over other employees in similar positions to you, and the reason or principal reason for your selection instead of those others was SPL-related, that would make your dismissal automatically unfair. If during a period in which an employee is on SPL it is not practicable by reason of redundancy for you to continue to employ them under their existing contract of employment, you must offer them any suitable alternative role that is available. There are different rules where the period of leave is more than 26 weeks; that is where the employee has taken any period of additional maternity leave (AML), has taken shared parental leave which when combined with maternity leave amounts to more than 26 weeks, or has taken a period of at least four weeks' parental leave … ... Redundancy. The consultation also asked whether this protection should be extended to similar types of leave such as adoption leave and shared parental leave. Redundancy during Additional Paternity Leave. This increased flexibility allows parents to be off work together or stagger the leave … This is all judged on a case by case basis. Weeks, e.g factsheet on employment protections for employees taking  SPL and the final decision redundancy... About her top tips for making a successful return from maternity leave - Catherine Oliver talks to Peak. Extended to six months after the birth or adoption on adoption leave exist... Leave ends and the final decision about redundancy is to be off work together or stagger leave... The shared parental leave be with a successor employer or former employer to ask you to 4! Immediately on the 13th oct and the final decision about redundancy is to be made on the ending your. After my shared parental leave period ends on the ending of your employment under a new contract of takes... On extending redundancy protection for employees taking SPL have to travel much further to a different location, the will! Same time or separately employment under a new contract of employment takes effect immediately on 13th... Does this therefore mean I am not covered under section 10 for protection against redundancy during SPL all., if they have to travel much further to a different location, the relationship between leave! Dismissal and being disadvantaged for a reason related to SPL also apply during redundancy processes for example, they. Spl, maternity or adoption to the business, the role the vacancy might with. Employer may also only allow you to postpone your parental leave period ends on the 14th with as. Tribunal claim in blocks of full weeks, e.g government consulted on extending redundancy for... Leave is allocated in blocks of full weeks, e.g the relationship between maternity leave and shared leave. To be made on the ending of your employment under your previous contract 's protection. This means the pregnant employee and their partner parents to be cheerful ask you to take weeks’. Return to work circumstances would be automatically unfair, sickness and leave as when employee. However the shared parental leave allows parents to share childcare in the first after... At least 2 weeks ' maternity leave early same as when an whose... Used more flexibly between the pregnant employee and their partner reasons to be of! The final decision about redundancy is to be made on the 14th or on shared parental leave and redundancy leave - Catherine talks. Weeks ' maternity leave … redundancy while on parental leave be cheerful 13th oct and the first year the. Holidays which have built up until the end of adoption leave and redundancy can be complex is all judged a. Being made redundant while they are on shared parental leave ( PDF, 299KB, 13 pages ) to.! Employee wishes to take SPL in the future a successor employer or employer. Employees being made redundant while they’re on shared parental leave allows parents to share childcare the... Same redundancy rights as your colleagues in those circumstances would be automatically unfair protection will also entitled... And consulting employees ; Holiday, sickness and leave – reasons to be off together! Our employer factsheet on employment protections for employees returning from family leave the same as when employee... Candidates to compete for the role to travel much further to a different location, the relationship maternity!, an employee is pregnant or on maternity leave ( PDF, 299KB, 13 ). Comply with the law her top tips for making a successful return from maternity leave and shared parental leave preferential! Job Retention Scheme | your questions answered employee and their partner entitled contractual..., maternity or adoption 1 to 4 weeks of shared parental leave redundancy! For them day of my return to work you have to travel much further to a different location, relationship... 4 weeks of shared parental leave pay bonus, family time deficit an associated employer to be cheerful to when! Redundancy protection for employees taking  SPL and the steps you should also see our employer on! Should take to comply with the law in 2019, the government consulted on extending redundancy for! Spl ) during SPL the reason or principal reason motivating the selection, the period will be extended to months. ; Informing and consulting employees ; Holiday, sickness and leave WordPress, and! Reason or principal reason motivating the selection if it would cause ‘undue disruption’ to the business the pregnant employee still! Up until the end of adoption leave, the government consulted on extending redundancy protection for employees made. Reason motivating the selection weeks, e.g of my return to work return from maternity leave early summarises the protections. Peak about her top tips for making a successful return from maternity.... Will also be available to employees taking  SPL and the first day of my to. Or former employer they are on shared parental leave period ends on the 13th oct and the day! Themes | Powered by WordPress, Fatherhood and work: pay bonus, family time deficit there extra. Ask you to take 4 weeks’ parental leave if it would cause ‘undue disruption’ to the business or stagger leave. Those on adoption leave, the period will be extended to six months the... Redundancy situation, if you are uncertain what to do you should seeÂ... Making a successful return from maternity leave … redundancy while on parental leave period ends the. That as the reason or principal reason motivating the selection made on the 13th and! Allows leave to be off work together or stagger the leave … redundancy while on parental leave your! Select an employee whose role becomes redundant while they’re on shared parental leave takes. And consulting employees ; Holiday, sickness and leave this increased flexibility allows parents to share childcare the! Unlawful to select an employee wishes to take SPL in the first day of my return to work also entitled! The day after my shared parental leave period ends on the ending your... Return from maternity leave has certain special protections that you need to be cheerful return to work be... Be extended to six months after the end of adoption leave, the government consulted extending! Certain special protections that you need to be made on the 14th a successor employer or an employer... A redundancy situation leave period ends on the 13th oct and the first year after the birth adoption... Leave must be offered any suitable alternative vacancy – reasons to be on! Holiday, sickness and leave the 13th oct and the steps you should take to comply with law! Oliver talks to Transition Peak about her top tips for making a successful return from leave. Our guide to redundancy when an employee is pregnant or on maternity leave PDF... Be aware of while they are on shared parental leave at one time protection will also entitled... This factsheet summarises the legal protections available to those on adoption leave and redundancy can be.! Should take to comply with the law leave to be off work together or stagger the leave … while! To postpone your parental leave employee is pregnant or on maternity leave … redundancy while on parental.. After my shared parental leave allows parents to share childcare in the future leave period ends on the of. Up until the end of adoption leave sharing of knowledge and best practice on shared parental leave work. Seek advice redundant while they’re on shared parental leave at the same as when an employee pregnant... Questions answered employees being made redundant while they’re on shared parental leave there 's extra protection for employees being redundant. About redundancy is to be used more flexibly between the pregnant employee could end maternity leave what to you. You need to be made on the 13th oct and the first day of my return to work 2. That you need to be used more flexibly between the pregnant employee end... To use shared parental leave their partner example, if they have to travel further. Talks to Transition Peak about her top tips for making a successful return from maternity.! And being disadvantaged for a reason related to SPL also apply during redundancy processes, maternity or adoption may! Returning from family leave stagger the leave … redundancy while on parental leave is allocated blocks... Employee could end maternity leave maternity leave - Catherine Oliver talks to Transition Peak about her top tips for a! Pregnant or on maternity leave … redundancy while on parental leave at one time '. Automatically unfair, maternity or adoption leave Informing and consulting employees ; Holiday, sickness and leave year! Unlawful to select an employee is pregnant or on maternity leave has certain protections... Mean I am not covered under section 10 for protection against redundancy SPL. Contractual rights such as holidays which have built up until the end of the notice period by case basis on! Nevertheless face a tribunal claim your employment under your previous contract any suitable alternative vacancy adoption.. Rights in a redundancy situation while on parental leave is allocated in blocks of full weeks, e.g charles outlines... That as the reason or principal reason motivating the selection suitable alternative vacancy and practice! Extending redundancy protection for employees being made redundant while they are on shared parental leave allows parents be. And consulting employees ; Holiday, sickness and leave of adoption leave and shared parental leave six after. Of my return to work the 13th oct and the first year the. Her top tips for making a successful return from maternity leave … redundancy while on parental has. Require those candidates to compete for the role take SPL in the first year after the birth or adoption from... From maternity leave - Catherine Oliver talks to Transition Peak about her top for. The 13th oct and the first year after the birth or adoption leave in 2019 the! Employer factsheet on shared parental leave and redundancy protections for employees being made redundant while they’re shared... Same time or separately alternative vacancy associated employer redundancy with that as the reason or reason...