New regulations governing shared parental leave came into force last week. The regulations are intended to enable parents greater flexibility in how they share the care of their child for the first year after birth.
The new regulations, apply to parents whose baby is due or children placed for adoption on or after 5 April 2015. Parents who qualify can opt to share maternity or adoption leave with their partner.
Maternity and adoption pay and leave will continue to apply as will ordinary paternity leave and pay. Under the new system, one parent will have to take at least two weeks maternity or adoption leave. Working couples who qualify can then share the remaining 50 weeks of leave and up to 37 weeks of pay.
To be eligible for shared parental leave one parent must be entitled to maternity or adoption leave. One parent will also have to satisfy the continuity of employment test and their partner will have to meet the employment and earnings test.
The regulations allow for:
- Shared parental leave to be taken in weekly blocks. It can be stopped and started, so periods of work can be interspersed with periods of leave for childcare. Each parent has to notify their employer of their entitlement and “book” the leave, by giving at least eight weeks’ notice;
- An employee to book up to three periods of leave in a single booking notification;
- An employer to refuse a request for shared parental leave to be taken in separate blocks ( known as a discontinuous period) which means that the employee will have to take one continuous block starting with the first date;
- A right to return to work;
- The right to be offered suitable alternative employment if they are made redundant during shared parental leave
- The right not to be subject to a detriment or unfairly dismissed;
- Each parent entitled to up to 20 “in touch” days;
- Shared parental pay is available to those who qualify. This is set at 90% of normal weekly earnings or £138.18 - whichever is the smaller.
The new rules are far from simple, however, and not everyone will be eligible as employees must meet the eligibility criteria and then follow prescribed notice requirements in order to take the leave.
Jo Seery of Thompsons Solicitors said: “The availability of shared parental leave is in principle a welcome development as it shifts the emphasis away from gender based child care. Whether it is taken up in practice will very much depend on employers stepping up to the mark to ensure that shared parental pay at least matches maternity pay.”
To access the new regulations, go to:
http://www.legislation.gov.uk/uksi/2014/3050/contents/made
For more details about how shared parental leave will work, go to: http://www.thompsonstradeunionlaw.co.uk/information-and-resources/lelr-biannual/autumn-winter-focus-flexible-family-friendly-rights.htm