LRD guides and handbook June 2016

Law at Work 2016

Chapter 9

Summary of important recent changes to maternity, adoption and shared parental leave 


[ch 9: pages 286-287

The rules on statutory maternity and adoption leave changed for babies born on or after 5 April 2015, enabling eligible mothers and adopters to choose to opt into the shared parental leave (SPL) regime, explained below. Any employee who chooses not to opt into SPL preserves their right to take 52 weeks’ maternity or adoption leave. 


The SPL regime replaced “Additional Paternity Leave” , which was abolished from 5 April 2015.


The following important changes were also made to the rules on statutory adoption leave, for babies matched for adoption on or after 5 April 2015, bringing the adoption regime broadly into line with that of statutory maternity leave:


• statutory adoption leave became a Day One right (removing the requirement for 26 weeks’ continuous service); 


• the statutory adoption pay (SAP) rules changed. The first six weeks of statutory adoption pay are now paid at 90% of the employee’s normal earnings, mirroring arrangements for statutory maternity pay (SMP). The rules on SAP and SMP are explained below; and


• some surrogate parents became eligible for statutory adoption leave.


Relevant law: Maternity leave: Chapter 1, ERA 96 Maternity and Parental Leave Regulations 1999; Adoption leave: Chapter 1A, section 75A, ERA 96, Paternity and Adoption Leave Regulations 2002, sections 121-124, CFA 14, Paternity and Adoption Leave (Amendment) Regulations 2014.