Is SPL suitable?

[ch 9: page 332]

SPL is not suitable for everyone. It may not be suitable if, for example:

• the mother/primary adopter wants to take her whole 52-weeks’ leave;

• the person wanting to take the SPL is not an employee, or is an employee whose partner cannot pass the “employment and earnings” test;

• the mother/primary adopter has a contractual right to enhanced maternity or adoption pay that is not also offered to employees taking SPL;

• other statutory employment rights, such as the right to request flexible working or to take unpaid parental leave, are more suited to a couple’s situation;

• the request is for discontinuous leave (see above) and the employer has failed to agree; or

• there are wider financial and family implications, such as job security concerns, illness, pensions issues and so on.

SPL is not normally suitable for the first six weeks of leave because it is currently paid at a flat weekly rate (just £151.97 or 90% of earnings if less (April 2021)). By contrast, the first six weeks of statutory maternity and adoption pay are paid at 90% of actual earnings (see pages 337-338).

If SPL is not chosen at the start, parents can still opt in at a later stage if they qualify. By contrast, if SPL is chosen at the start and circumstances change, an employee cannot opt back into maternity or adoption leave save in very limited circumstances.