A recap on shared parental leave changes

Businesses of all sizes need to be aware of recently introduced rules that now enable parents to share up to a year of leave after the birth or adoption of a child.

Under the ‘shared parental leave’ rules, introduced in April, there are 50 weeks available for shared leave after the initial two week maternity leave, including 37 weeks of shared parental pay.

Parents can now choose to take leave at the same time or once the other parent has returned to work. They can also split periods of leave up so they take some leave, return to work, and then have a further period of time off.

At-a glance: The new rules on shared parental leave

What’s changing?

The current provisions for maternity and ordinary paternity leave remain the same but additional paternity leave will no longer be available. Parents who qualify for shared parental leave will have to opt-in to the scheme.

Who can take shared parental leave?

A mother or primary adopter who is entitled to statutory maternity/adoption leave, statutory maternity/adoption pay or maternity allowance can limit their entitlement so that both parents can share the balance.

Do both parents have to be employees?

No, but both parents must be economically active, which means being in an employed or self-employed role in at least 26 of the 66 weeks before the expected week of childbirth or the week they were notified of the adoption match.

How does it work?

Parents can choose to take leave at the same time or once the other parent has returned to work. They can also split periods of leave up so they take some leave, return to work, and then have a further period of time off.

What do employees have to do?

The parents have to give a set period of written notice and must also give signed declarations to both employers stating the other parent’s name, address and national insurance number along with additional specified information.

What are the obligations for employers?

If an employee requests one continuous period of shared parental leave this must be accepted by their employer. If an employee requests non-continuous periods the employer has two weeks to decide whether to accept the request, propose alternatives or refuse it. Where the employer refuses the periods requested an employee can choose to take their whole entitlement as a continuous period or can withdraw their original notice. Where the original notice is withdrawn in these circumstances an employee can serve up to three notices.

For more information on how the new rules regarding shared parental leave could affect your own unique circumstances, get in touch with Harrison Drury today. We have a team of lawyers in Clitheroe, Lancaster, Kendal, Garstang and a head office in Preston so if you’re based in the North West, you’re never too far from friendly leading solicitors.