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Shared Parental Leave

Shared Parental Leave

Introduction

Shared parental leave (SPL) gives families more flexibility about how leave is taken following a child’s birth or adoption. If an employee qualifies, they will have a right to convert a period of leave and pay into a period of shared parental leave and pay that can be taken by either parent (or the mother’s spouse or partner or civil partner).

Key Point

  • Eligible women are entitled to 52 weeks’ maternity leave and 39 weeks’ maternity pay.
  • A woman on maternity leave can commit to bringing her maternity leave and pay period to an end early. The balance of the maternity leave and pay period becomes available for either parent to take as SPL and pay.
  • SPL (up to a maximum of 50 weeks) can be taken in periods of a week or multiples of a week.
  • Up to a maximum of 37 weeks Statutory Shared Parental Pay (ShPP) is also available to eligible employees.
  • A parent can take a period of SPL at the same time as the other parent is on maternity leave or SPL.
  • A parent will only qualify to take SPL if the other parent meets basic work and earnings criteria and the parent taking the leave meets the individual eligibility criteria (such as having 26 weeks’ continuous service at the 15th week before the EWC and remaining in the same employment).
  • The employee must provide the organisation with at least eight weeks’ notice, in writing, of any period of SPL.
  • Each parent can make up to three requests for periods of SPL. The organisation can refuse a request depending on whether the employee has asked for a continuous or discontinuous period of leave.
  • SPL has to be taken before the child’s first birthday.
  • Rights during a period of SPL, mirror those of a woman on maternity leave; all terms and conditions of employment continue except those relating to remuneration.
  • The employee can work up to 20 days during SPL, without bringing it to an end. These are called shared parental leave in touch (SPLIT). These days are additional to the 10 ‘keeping in touch’ (KIT) days already available to those on maternity or adoption leave.
  • The employee will not suffer any detrimental treatment or be dismissed as a result of taking or asking to take SPL. If they do, they can bring a complaint to the employment tribunal.

For more details on Shared Parental Leave please contact the HR Team at personnel@epwin.co.uk