leave Jo Broadbent 11 March 2015 Getting to grips with shared - - PowerPoint PPT Presentation
Getting to grips with shared parental leave Jo Broadbent 11 March 2015 Getting to grips with shared parental leave How will shared parental leave operate? Who is entitled to shared parental leave? The process for requesting leave
Jo Broadbent
11 March 2015
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Default position – 52 weeks' maternity leave for mum For babies due on or after 5 April 2015 Mum can bring her maternity leave/ pay to an end early Balance of leave and pay can be converted to Shared Parental Leave that either parent can take Promote shared caring responsibilities and reduced "motherhood penalty"
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Mum – OML (26 weeks) Dad – ShPL (26 weeks)
Dad - OPL
Child born 26 weeks' SMP 13 weeks' ShPP
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Mum – OML/ AML (46 weeks) Child born
Dad - OPL Dad – ShPL (6 weeks)
39 weeks' SMP
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Mum – OML (26 weeks)
Dad – ShPL (6 weeks)
Mum – ShPL (15 weeks)
Dad – ShPL (5 weeks) Dad - OPL Child born
26 weeks' SMP 6 weeks' ShPP 7 weeks' ShPP
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Must be taken before child's first birthday Must be taken in periods of a complete week Minimum of
be taken Can be taken while someone else
leave Or while someone else on ShPL
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Step 1: Establish eligibility Step 2: Bring maternity leave to an end (leave curtailment notice) Step 3A Notice of entitlement and intention to take leave Step 3B: Employer can request evidence (birth certificate/ details of other employer) Step 4: Notice of period of leave
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Work and earnings Work and earnings Length of employment Length of employment Shared parental leave/ pay Shared parental leave/ pay
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Does employee's partner meet "work and earnings" criteria? Yes – employee may be eligible for shared parental leave/ pay If satisfies individual test No – employee not eligible for shared parental leave/ pay
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Work: 26 weeks employment/ self employment in 66 weeks before EWC/ matching Earnings: average weekly earnings of £30 over 13 weeks in 66 weeks before EWC/ matching
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26 weeks employment at 15th week before EWC and remains in that employment Main responsibility for child's care with father Entitled to maternity leave Curtailed her maternity leave/ returned to work Given notice of entitlement/ intention to take leave Has provided any evidence required by employer Has given period of leave notice Mum entitled to Shared Parental Leave
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26 weeks employment at 15th week before EWC and remains in that employment Mum entitled to SML/ SMP/ MA? Mum has curtailed the SML/ SMP/ MA period or returned to work Main responsibility for child's care with mother Given notice of entitlement/ intention to take Has provided any evidence required by employer Has given period of leave notice Dad entitled to Shared Parental Leave
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Mum must give a "leave curtailment notice" to bring maternity leave to an end early plus
Notice of entitlement and intention to take ShPL, or Declaration that Dad has given notice of entitlement and intention to take ShPL
Must be given
At least 9 weeks before child's first birthday
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Leave curtailment notice must specify when maternity leave will end
Comes into effect after 8 weeks
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At least 8 weeks before first period of Mum's ShPL
Declarations from Mum and Dad Name of Mum and Dad Start/ end of SML Child's EWC and DoB Amount of ShPL/ pay available How much ShPL/ pay Mum and Dad intend to take When Mum intends to take ShPL/ pay*
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*but not a binding notification – merely indicative
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by which pay reduced
ShPL/ pay
pay
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At least 8 weeks before first period of D's ShPL
Declarations from Mum and Dad Name of Mum and Dad Start and end dates of Mum's SML/ SMP/ MA Child's EWC and DoB Amount of ShPL/ pay available How much ShPL/ pay Mum and Dad intend to take When Dad intends to take ShPL/ pay*
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*again, indicative not binding
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At least 8 weeks before start date
Start and finish dates Can request >1 period Can be given with notice of entitlement
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Employee requests single period of leave Eg four weeks starting on 1 August Employee is entitled to take the leave requested
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requests discontinuous period of leave
Discontinuous
from 3 August
four weeks from 5 October
Employer has a choice
alternative dates
Right to refuse discontinuous request
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Risk of direct discrimination claims if allow some requests but not others?
Or indirect discrimination claims if one sex more likely to request discontinuous leave?
No set list of reasons for refusal
Employer has complete flexibility
No formal process for considering requests
In contrast to flexible working procedures
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Up to 20 "SPLIT" days per parent Preferential redeployment rights in event of redundancy
Terms and conditions that would have applied – except pay Normal dismissal/ detriment rights
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Same job unless not reasonably practicable if ShPL consecutive with more than four weeks "ordinary" parental leave
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Preliminary considerations Likely take up? What do your demographics look like? How many people currently take full paternity leave entitlement?
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Statutory scheme or wider? (eg all employees)
Require employees to provide or take it on trust? Do you really need it/ want it?
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Discontinuous leave requests
disruption?
Ask employees to discuss possible patterns of leave informally first? How will you decide whether to allow or refuse?
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