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A guide for
Parents and
Employers
Shared
Parental Leave
New Shared Parental Leave (SPL)
Came into force 1 Dec 2014 for births/adoptions on / after 5 April 2015
New Shared Parental Leave (SPL)
Came into force 1 Dec 2014 for births/adoptions on / after 5 April 2015
One of the parents needs to be an employee and the other to be
‘economically active’ – e.g self-employed
New Shared Parental Leave (SPL)
Came into force 1 Dec 2014 for births/adoptions on / after 5 April 2015
One of the parents needs to be an employee and the other to be
‘economically active’ – e.g self-employed
Parents can share leave and statutory pay. SPL is paid at the
statutory rate.
New Shared Parental Leave (SPL)
Came into force 1 Dec 2014 for births/adoptions on / after 5 April 2015
One of the parents needs to be an employee and the other to be
‘economically active’ – e.g self-employed
Parents can share leave and statutory pay. SPL is paid at the
statutory rate.
Total amount of SPL parents can share is 50 weeks
with both mother and partner allowed to take this leave at the same
time or separately
SPL
step
by
step
SPL
step
by
step
SPL
step
by
step
SPL
step
by
step
SPL
step
by
step
Eligibility
To qualify for SPL mother must:
have a partner
Eligibility
To qualify for SPL mother must:
have a partner
be entitled to maternity/adoption
leave or statutory maternity/ adoption
pay
or maternity allowance
Eligibility
To qualify for SPL mother must:
have a partner
be entitled to maternity/adoption
leave or statutory maternity/ adoption
pay
or maternity allowance
have curtailed, or given notice to
reduce maternity/adoption leave, or
pay/allowance
To take SPL parent must:
be an employee
Eligibility
To take SPL parent must:
be an employee
share primary responsibility for the child at time of birth or
placement (this includes divorced spouse if he/she still shares primary
responsibility for the child at time of birth /placement )
Eligibility
To take SPL parent must:
be an employee
share primary responsibility for the child at time of birth or
placement (this includes divorced spouse if he/she still shares primary
responsibility for the child at time of birth /placement )
have properly notified their employer of entitlement
Eligibility
Eligibility
In addition, Parent wanting to take SPL must satisfy:
continuity of employment test
Eligibility
Employed for 26 weeks by 15 weeks before due-date/matching date - 15 weeks
Due date/ Matching Date
Working for Employer
- 26 weeks
In addition, Parent wanting to take SPL must satisfy:
continuity of employment test
Eligibility
Employed for 26 weeks by 15 weeks before due-date/matching date - 15 weeks
Due date/ Matching Date
Working for Employer
- 26 weeks
In addition, Parent wanting to take SPL must satisfy:
continuity of employment test
and..
.. The partner must meet the
‘employment and earnings test’
Eligibility
Working
.. The partner must meet the
‘employment and earnings test’
Eligibility
In the year before, Partner must have worked for more than 6 months
Earning av of £30 per week in any 13 weeks
Working
.. The partner must meet the
‘employment and earnings test’
Due date/ Matching Date
In 66 weeks leading up to due/matching date, partner has worked for at least 26 weeks earning average of £30 pw in any 13 weeks
- 66 weeks(14 months )
Eligibility
In the year before, Partner must have worked for more than 6 months
Earning av of £30 per week in any 13 weeks
Working
Be prepared
Plan for Staff Maternity Leave.
Communicate law change to employees, and new recruits.
Employers, it’s a pretty technical exercise!
Be prepared
Plan for Staff Maternity Leave.
Communicate law change to employees, and new recruits.
Have a policy to ensure consistency
A stand alone policy is fine
Get the standard letters and policy ready
Employers, it’s a pretty technical exercise!
Be prepared
Plan for Staff Maternity Leave.
Communicate law change to employees, and new recruits.
Have a policy to ensure consistency
A stand alone policy is fine
Get the standard letters and policy ready
Our Shared Parental Leave Toolkit
has a policy and standard letters
and ½ an hour of free advice included. Contact us
Employers, it’s a pretty technical exercise!
Be prepared
Plan for Staff Maternity Leave.
Communicate law change to employees, and new recruits.
Have a policy to ensure consistency
A stand alone policy is fine
Get the standard letters and policy ready
Our Shared Parental Leave Toolkit
has a policy and standard letters
and ½ an hour of free advice included. Contact us
Employers, it’s a pretty technical exercise!
Use this checklist when responding to an SPL request
① Does employee know company policy on SPL?
② Has maternity/adoption leave/pay ended or has date been
confirmed when will end?
③ Has employee correctly completed notice of entitlement to take
SPL?
④ How much SPL does employee have available?
⑤ Has meeting been arranged to discuss?
SPL Checklist:
How employees apply
How employers respond
⑥ Has response to the notice to book been given within
14 calendar days?
⑦ What leave period arranged?
⑧ How much SPL still have available for employee to take?
⑨ Other notices to book leave remaining?
⑩ How much SPL still have available for employee to take?
SPL Checklist:
How employees apply
How employers respond
Avani is due in two months’ time.
She and her partner want to share care.
Suitability
SPL may not be right for everyone.
Case study:
Avani is due in two months’ time.
She and her partner want to share care.
Avani is entitled to contractually-enhanced
maternity pay for 26 weeks.
Suitability
SPL may not be right for everyone.
Case study:
Avani is due in two months’ time.
She and her partner want to share care.
Avani is entitled to contractually-enhanced
maternity pay for 26 weeks.
Her Partner has access to statutory pay rates
under SPL and has not taken annual leave in
this year.
Suitability
SPL may not be right for everyone.
Case study:
It makes financial sense to take enhanced
maternity pay scheme for at least 26 weeks.
Why SPL may not suit Avani:
It makes financial sense to take enhanced
maternity pay scheme for at least 26 weeks.
Her partner wants more than the two
weeks’ paternity leave but might prefer to
use his annual leave.
Why SPL may not suit Avani:
Why SPL may suit Avani:
SPL means the couple can equally share.
Why SPL may suit Avani:
SPL means the couple can equally share.
Avani could still take advantage of
occupational maternity pay by continuing
maternity leave while her partner takes a
period of Shared Parental Leave
Why SPL may suit Avani:
Each notice to book SPL can be in
a‘continuous’ block..
“Continuous” or “Discontinuous”?
Each notice to book SPL can be in
a‘continuous’ block..
“Continuous” or “Discontinuous”?
or in multiple ‘discontinuous’
blocks
Each notice to book SPL can be in
a‘continuous’ block..
“Continuous” or “Discontinuous”?
or in multiple ‘discontinuous’
blocks
“Continuous” block means taking an unbroken period of leave.
Employees have a statutory right to take SPL in this way –
employers cannot refuse.
“Discontinuous” means asking for leave in chunks
over a period of time, with breaks where employee returns to work.
e.g 4 weeks leave, 3 weeks back at work and another 4 weeks leave
etc..on a rolling basis.
START STOPSTOPSTART
“Discontinuous” means asking for leave in chunks
over a period of time, with breaks where employee returns to work.
e.g 4 weeks leave, 3 weeks back at work and another 4 weeks leave
etc..on a rolling basis.
Employees can only take Discontinuous Leave, in single notice, with the
employer’s agreement.
Time will tell how far employers go to discourage Discontinuous Leave.
Think before refusing.
START STOPSTOPSTART
Step 1:
Step 2:
Step 3:
Step 4:
Received notice to take maternity, adoption or
paternity leave, or notification of entitlement?
Arrange informal discussion
Informal but allow employee to be
accompanied
SPL
steps
for
employer
Step 1:
Step 2:
Step 3:
Step 4:
Received notice to take maternity, adoption or
paternity leave, or notification of entitlement?
Arrange informal discussion
Informal but allow employee to be
accompanied
Continuous or Discontinuous?
N.B Can’t refuse Continuous.
Discontinuous? 14 days to discuss w employee
SPL
steps
for
employer
On receiving a notice to book leave:
4 possible outcomes once an employer has received,
considered and discussed a notice to book SPL:
unconditionally accept
confirm an agreed modification
refuse a leave notification
(discontinuous leave only).
fail to respond to a leave notification (don’t do this!)
Outcomes:
1
2
3
4
Reasonable contact allows employers
and employees to keep up-to-date.
Employer has legal obligations to keep
employee informed eg
staffing changes, job opportunities.
Discuss in advance how contact
will take place
During Shared Parental Leave:
SPLIT days:
During SPL both parents are eligible for
up to 20
Shared Parental Leave In Touch
(SPLIT) days.
SPLIT days:
During SPL both parents can ask for
up to 20
Shared Parental Leave In Touch
(SPLIT) days.
No obligation on employer to offer
or for employee to agree.
SPLIT days:
During SPL both parents are eligible for
up to 20
Shared Parental Leave In Touch
(SPLIT) days.
No obligation on employer to offer
or for employee to agree.
Be clear about pay for SPLIT day.
Contractual pay top up Shared Parental Pay to full pay?
Contractual pay additional to Shared Parental Pay?
(Must be minimum wage or more)
Returning to work after SPL:
Entitled to return to the same job if
combined leave period is 26 weeks or less.
Returning to work after SPL:
Entitled to return to the same job if
combined leave period is 26 weeks or less.
If combined leave period exceeds 26 weeks,
employee returns to same job unless this is
not reasonably practical,
Returning to work after SPL:
Entitled to return to the same job if
combined leave period is 26 weeks or less.
If combined leave period exceeds 26 weeks,
employee returns to same job unless this is
not reasonably practical,
in which case employee returns to a
suitable and appropriate job
on equal, no less favourable terms
Employees still accrue annual leave
while on SPL.
Employee should try to take annal leave
within SPL year.
If not possible,
it’s good practice to allow carry-over.
Annual leave during
Shared Parental Leave:
3 final points for Employers
All of which means, expect some difficulty in organising cover
Evidence? ACAS advises that employers should grant SPL based
on information provided by their employee.
Employers can request a copy of the birth or adoption certificate and
the name and address of the employee’s partner’s employer.
How far employers will act on this is unclear. Would you?
3 final points for Employers
1
Evidence? ACAS advises that employers should grant SPL based
on information provided by their employee.
Employers can request a copy of the birth or adoption certificate and
the name and address of the employee’s partner’s employer.
How far employers will act on this is unclear. Would you?
3 final points for Employers
1
Family matters Be aware that couples working for the same
employer may choose to take a period of SPL at the same time.
If they apply for a continuous period, the employer cannot refuse
2
All of which means, expect some difficulty in organising cover
Evidence? ACAS advises that employers should grant SPL based
on information provided by their employee.
Employers can request a copy of the birth or adoption certificate and
the name and address of the employee’s partner’s employer.
How far employers will act on this is unclear. Would you?
3 final points for Employers
1
Family matters Be aware that couples working for the same
employer may choose to take a period of SPL at the same time.
If they apply for a continuous period The employer cannot refuse
2
Are you covered?
Periods of discontinuous leave are now an option
Employees required to give minimum of 8 weeks notice period for SPL
Employees have rights to cancel or vary leave
3
All of which means, expect some difficulty in organising cover
NEGOTIATING SUCCESS FOR BUSINESS IN UK & ASIA W W W . T H E L E G A L PA R T N E R S . C O M
We’d like to ensure parents and employers know
what to expect and are prepared for SPL
Employers, to keep you out of trouble as these new
Shared Parental Leave laws start to take effect
call us for help, advice or an SLP Tool kit on:
t: 0203 755 5288
email: [email protected]
Parents, we hope this has helped clarify what’s available to
you and helped you make your important leave decisions.