29 May 2015

The rules governing Shared Parental Leave (SPL) are now in force. Here is a summary of the fiendishly complex rules and regulations that apply to SPL and shared parental pay.

Eligibility: SPL can only be used by 2 people: the mother and the father or partner (if it is the partner who will have responsibility for looking after the child). There are other criteria that need to be satisfied too, including the mother being entitled to statutory maternity leave or pay or maternity allowance. There are also rules as to continuity of employment (and an earnings test). Similar provisions apply in relation to adoptions. The leave can only be taken during the baby’s first year.

The procedure: Those wishing to take SPL need to provide the employer with different types of notifications and declarations. The rules specify the type of information that needs to be included in the documentation (and when this should be provided). There are also timescales to be followed in relation to the giving of notices. Employers should ordinarily be given 8 weeks’ notice of any leave. Leave can be sought on a continuous basis (consecutive weeks) or discontinuous basis. There is no obligation to agree to discontinuous leave. An application for continuous leave must be granted. Up to 3 separate requests can be made.

Protections: It is unlawful to discriminate against employees who rely upon their entitlement to SPL. There are also rules about the job to which staff can return following SPL and entitlements to reasonable contact and keeping in touch while on SPL.

The rules are complex and employers need to familiarise themselves with the details. Expert advice should be sought to ensure the new rules are properly understood and applied in your organisation.