Shared Parental Leave ("SPL") was introduced 3 years ago but recent figures suggest take up could be as little as 2%. The government has now launched the "Share the Joy" campaign to change that.
What is SPL?
SPL is a flexible way for parents and adopters to take leave in the first year after the birth of a child or placement for adoption. It enables the parents to share up to 50 weeks of leave (the first two weeks of leave after birth being compulsory maternity leave). In theory, couples can take the leave together (so long as they don’t exceed their joint entitlement); or it can be taken consecutively; or leave can be taken at different periods of time. For example, a couple may decide to both take 25 weeks of SPL together; or the mother may decide to take, say, the first 6 months after birth as maternity leave then share the remaining 24 weeks.
Who is eligible?
Both the mother and partner have to meet eligibility criteria in order to qualify for SPL. This includes having qualifying length of service or being in work for a certain period of time and meeting particular earning thresholds. The government believes around 285,000 couples every year will qualify for SPL.
Is it paid?
SPL is paid at the statutory rate which is £145.18 a week (from April 2018) provided the individuals meet the eligibility criteria for Statutory Shared Parental Pay (SSPP).
What do I need to do?
The provisions around SPL are quite complex in terms of eligibility, notice requirements and requiring declarations from the other partner. Having a properly drafted SPL Policy which sets out:
– eligibility criteria;
– how leave may be taken;
– notice requirements;
– rights during SPL; and
– entitlement to SSPP and any additional contractual pay
will make this a much easier issue to navigate for employers.
Should you have any queries around Shared Parental Leave and how it operates, please get in touch with Claire Rolston or Yvonne Atherton, specialist employment law solicitors at CLR Law on 0191 6030061 or hello@clrlaw.co.uk
