On 1 December 2014, a new
shared parental leave (SPL) regime came into force which allows parents whose
baby is due or adoption placement will take place on or after 5 April 2015, to
share a maximum of 50 weeks of leave. This can be taken at any time after the
two week compulsory maternity leave period. Whilst this legislation denotes a
significant movement towards greater flexibility and an equalised system of family
friendly employment rights, the rules governing this regime are particularly
complex.
Key points to note are:
-
SPL is
optional – parents are not obliged to make use of their right, but be prepared
as undoubtedly some parents will;
- There are
three tests for eligibility for SPL (continuity of employment, responsibility
and employment and earnings tests);
- Statutory
Shared Parental Pay will be paid (subject to eligibility) up to a maximum of 37
weeks at a rate set by the government each year;
- Employers are
entitled to receive at least eight weeks’ notice prior to an employee taking SPL;
- Employees can make
up to three requests to take or change their leave arrangements (although an
employer may allow more);
- Employers cannot refuse a request for a
continuous period of leave, but can refuse a request for split periods of leave;
- Parents will
be entitled to 20 keeping in touch-style days while on SPL;
- 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 will be lost.
It is difficult to predict the future popularity of this new
right, but the Government are predicting fewer than 8% take up. This is a complex change in law which will
require a change in mind-set, employers would therefore be wise to consider
putting in place a policy to deal with SPL and produce guidance for managers on
how to handle potential SPL requests.