Is SPL suitable?


SPL may not be suitable, for example, if, for example:


• the mother 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 has a contractual right to enhanced maternity or adoption pay (SPL is paid at the statutory weekly rate: £139.50 or 90% of average weekly earnings, if less);


• other statutory employment rights, such as the right to request flexible working or to take unpaid parental leave, are better 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 will not normally be suitable for the first six weeks of leave for most employees in standard direct employment because it is paid at a flat weekly rate (or 90% of earnings if less) from day one (see page 299). By contrast, for eligible workers, the first six weeks of statutory maternity and adoption pay are paid at 90% of actual earnings (see page 298). 


If SPL is not chosen at the start, there will be the chance to opt in at a later stage, provided the parents still qualify. By contrast if SPL is chosen at the start and circumstances later change, a member will not be able to opt back into the maternity or adoption leave framework save in very limited circumstances.