Policy 2.5.5 Shared Parental Leave*

2.5.5 Shared Parental Leave

Shared Parental Leave (SPL) is available to parents, including surrogate and adoptive parents, with babies due to be born or placed for adoption. This is different from Parental Leave.

SPL allows mothers to end maternity leave and share the untaken balance of leave and pay with their partner, or return to work early from maternity leave and opt into SPL at a later date. The mother must take two weeks compulsorily maternity leave after the birth. After this point, parents or partners can share the remaining 50 weeks of leave and 37 weeks (out of 39 of maternity pay. The mother and partner must take any SPL before the child’s first birthday or the first anniversary of the adoption placement.

Parents adopting a child will be able to curtail their adoption leave and take up shared parental leave.

The adaptor’s partner will be able to take up to two weeks ordinary paternity leave following adoption – but will lose this if shared parental leave is taken first.

If you wish to take shared parental leave you will need to determine if you and your partner are eligible to do so. You will then need to provide appropriate documentation (as detailed below) including when maternity leave and parental leave will start and end. We will also need a signed declaration from your partner to confirm their employment status. Please read the details below on how to do this.

If you wish to take shared parental leave please speak with your line manager at the earliest opportunity to consider suitable leave arrangements. Please also book an appointment with a HR Officer to determine your eligibility and provide relevant notification.

Eligibility requirements for shared parental leave (SPL)

Both you and your partner must meet the eligibility requirements set out below to qualify for shared parental leave.

You must share care of the child with either:

· Your husband, wife, civil partner or joint adopter

· The child’s other parent

· Your partner (if they live with you and the child)

Either you or your partner must be eligible for maternity or adoption pay or leave.

You must also have been employed for at least 26 weeks by the end of the 15th week before the due date (or date you are matched with your adopted child), and remain employed at LUU while you take SPL. Your partner will need to be employed or self-employed and have worked for at least 26 weeks in total during the last 66 weeks before the baby is due. They must also have earned at least £30 a week on average in 13 of those 66 weeks.

Eligibility requirements for shared parental pay (ShPP)

To claim shared parental pay, one of the following must apply to you:

· Qualify for statutory maternity pay or statutory adoption pay

· Qualify for statutory paternity pay and have a partner who qualifies for statutory maternity pay or maternity allowance or statutory adoption pay

Payment for shared parental pay is paid at a rate equivalent to that of maternity pay. This is either 90% of earnings for the first six weeks followed by 33 weeks at the statutory maternity pay rate published on gov.vo.uk per week or 90% of an employee’s average weekly earnings, whichever is lower. Or 16 week’s leave on full pay, 23 weeks SMP and up to 13 weeks unpaid leave. If you take a period of maternity or adoption leave followed by one or more periods of SPL, in relation to the same child, the rates above will be the maximum entitlement you will be able to take.

The total amount of statutory shared parental pay available to eligible parents is 39 weeks. Statutory maternity pay or allowance paid to the mother or statutory adoption pay for the primary adopter would be deducted from this. You will need to confirm to the HR Officer how you and your partner wish to divide your leave entitlement.

Starting shared parental leave

To start SPL the mother or adopter of the child must do one of the following:

§ End their maternity or adoption leave by returning to work

§ Provide notice to us of the date you or your partner will end maternity leave.

This is binding notice and is a decision which cannot normally be changed.

§ End maternity pay or maternity allowance.

SPL can be started while your partner is still on maternity or adoption leave as long as they have given binding notice to end it.

It should be noted that fathers can take up to two weeks ordinary paternity leave following the birth of the child, which will be lost if shared parental leave is taken first.

Evidence requirements

In order for you to take shared parental leave you will need to submit the following documentation:

§ If you are the mother of the child, written confirmation of when you intend to

end your maternity leave.

§ Written confirmation of when you think you may wish to take shared parental leave

(this is initial and non-binding) including start and end dates of each period of leave

you are requesting.

You must provide the HR Officer with written notice of your entitlement to SPL

and ShPP, including:

§ your partner’s name

§ start and end dates for maternity or adoption leave and pay

§ the total amount of SPL and ShPP available and how much you and

your partner intend to take

§ confirmation that you’re sharing childcare responsibility with your partner

You must also include a signed declaration from your partner stating:

§ their name, address and National Insurance number

§ that they are eligible for SPL and ShPP (see above)

§ that they agree to you taking SPL and ShPP

We may request a copy of the child’s birth certificate and/ or the name and address of your partner’s employer.

Providing false declaration of this information will be treated as a disciplinary issue.

Parents can divide between them 37 weeks of shared parental pay (ShPP). They can be on leave at the same time as each other and receive statutory ShPP at the same time. Both parents will need to notify their employers how must ShPP they are entitled to and how they will split it between them.

Blocks of leave

Please speak with your line manager at the earliest opportunity to agree when you will be taking shared parental leave. Leave must be taken in blocks of at least one week and all leave must be taken before the child’s first birthday or the first anniversary of the adoption placement. You will need to provide us with 8 weeks‟ notice before beginning a block of leave.

Leave can be taken in up to three separate blocks or as a continuous block, however this must be decided with your line manager who will need to consider how to provide cover for your role.