Shared Parental Leave - What Employers need to know
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Shared Parental Leave By: Caroline Acton On: 27th January @ 13:00 FREE WEBINAR Starting Soon
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Transcript of Shared Parental Leave - What Employers need to know
Shared Parental Leave By: Caroline Acton On: 27th January @ 13:00
FREE
WEBINAR
Starting Soon
Shared Parental Leave
Caroline Acton [email protected]
0113 357 1315 Please note that the contents of this webinar do not constitute legal advice.
Summary of webinar
What is Shared Parental Leave (SPL) 1
Maternity /Paternity / Adoption – What Happens?
2
3 Eligibility
Shared Parental Pay (ShPP) 4
Process 5
Steps for Employers 6
Shared Parental Leave (SPL)
New Legal entitlement – 1 December 2014 Applies to babies due (or children placed for adoption) on or after 5 April 2015 Opportunity to be flexible/share caring arrangements Leave calculated using mother’s entitlement to maternity/adoption leave
Employees can:
stop/start SPL return to work during periods of leave
Shared Parental Leave (SPL)
Continuous leave: A period of leave that is taken in
one block e.g. four weeks NB this cannot be refused by an employer
Discontinuous leave: A period of leave that is
arranged around weeks where the employee will return to work e.g. employee will work every other week for a period of 3 months NB employer’s agreement required Must be taken in complete weeks
Maternity / Paternity / Adoption Continues…… But an eligible mother/adopter can reduce their maternity / adoption leave and opt in to SPL A birth mother must take at least two weeks maternity leave following birth of a child NB Factory workers
Eligibility
To qualify for SPL a mother must:
have a partner Be entitled to either maternity/adoption leave or SMP or SAP or maternity allowance Have given notice to reduce their maternity/adoption leave or their pay/allowance
Eligibility Cont..
A parent intending to take SPL must:
Be an employee Share the primary responsibility for the child with the other parent at the time of the birth or adoption placement Have notified employer of entitlement and provided correct information
Eligibility Cont..
In addition:
A parent must satisfy the “continuity of employment test” •Worked for same employer for at least 26 weeks at end of 15th week before the due date •Still working for same employer at the start of each leave period
A partner must meet the “employment and earnings test”
•In the 66 weeks leading up to expected due date/matching date, worked for at least 26 weeks and earned an average of at least £30 (as of 2015) a week in any 13 weeks •Can be employed, self- employed or an agency worker What happens if only one parent is eligible?
Shared Parental Pay (ShPP)
To qualify:
An employee must meet the “continuity of employment test”
Their partner must meet the “employment and earnings test”
In addition the employee must:
•have earned above the “Lower Earnings Limit” in the 8 weeks leading up to and including the 15th week before the due date •Still be employed by the same employer at the start of the first period of ShPP.
The Process
Is SPL Suitable? Notice of entitlement to SPL (eight weeks before):
How many weeks maternity/adoption leave taken How much leave both parents are entitled to take How much leave each parent intends to take When they expect to take their leave Signature of both parents
Declaration to be provided What if parents change their minds?
The Process Cont..
Booking Leave
Booked at the same time as notification or later 8 weeks notice before intend to take leave Entitled to submit three separate notices to book leave
Employer’s response
Continuous or discontinuous leave? Discontinuous – 14 calendar days to discuss Outcome – accept, agree with modifications, refuse, fail to respond
The Process Cont.. Discuss leave intentions NB – employees’ responsibility to check eligibility for SPL
Shared parental leave policy?
Annual leave
SPLIT Days
Questions
Telephone: 0113 3571317
Website: www.Consilialegal.co.uk
email: [email protected]
Twitter: @consilialegal
Thank You
Predictions and Resolutions For 2015 – An Employers Guide By: Michael Millward On: 28th January @ 13:00
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