Shared Parental Leave and Pay

Shared Parental Leave (SPL) is a new right that enables eligible mothers, fathers, partners and adopters to choose how to share time off work after their child is born or placed. It replaces Additional Parental Leave for all babies born on or after 5 April 2015.

As a result of the Shared Parental Leave Regulations 2014, where parents who meet the eligibility criteria for a baby due to be born on or after 5 April 2015, or for children who are placed for adoption on or after that date, mothers have the option to use the new SPL rights. (It is up to the mother to decide. If she says no, then her partner cannot insist on SPL).

SPL and pay is available to a birth mother and the child’s father or a mother’s or adopter’s partner. “Partner” means a person who the mother or adopter is married to or in a civil partnership with; or a partner who the mother or adopter is living with. Shared parental leave and pay is also available to the intended parents in surrogacy arrangements who qualify for adoption leave and/or pay.

Agency workers who are entitled to Statutory Maternity Pay or Statutory Paternity Pay are not eligible for SPL but their employed partner may be. Agency workers and/or their partners may also be entitled to statutory Shared Parental Pay.

Employment relations organisation Acas has produced in-depth guidance and training courses to help those who deal with maternity and paternity issues understand the new system. These are available to download from the Acas website at: www.acas.org.uk/index.aspx?articleid=4911.

The TUC has welcomed SPL as a way to “encourage more fathers to get involved in childcare from the very beginning” but says that unless the leave is better paid, many couples will not benefit from this option (see above).

There are complex and extensive eligibility and notification requirements for those wishing to use the new rights.

The Department for Business, Innovations and Skills (BIS) published guidance in September 2014 which explains in detail how shared parental leave and pay will work: Shared parental leave and pay, is available to download at: www.gov.uk/government/uploads/system/uploads/attachment_data/file/353019/bis-14-1076-employers-technical-guide-shared-parental-leave-and-pay.pdf.