Shared Parental Leave: Do you know how it works?

Shared Parental Leave: Do You Know How It Works?

Shared Parental Leave (SPL) is a relatively recent introduction to UK employment law, but it’s quickly gaining popularity, with more men now requesting this leave to share the responsibilities of caring for their newborns or newly adopted children. Despite this, many employers and HR professionals are still unsure about how SPL works and how to handle these requests effectively. Understanding this important benefit is crucial for businesses looking to support their employees and ensure compliance with the law.

What Is Shared Parental Leave?

Shared Parental Leave allows eligible parents to share up to 50 weeks of leave and up to 37 weeks of pay after having a baby or adopting a child. This gives parents the flexibility to be off work at the same time or take turns in caring for their child during the first year. It’s a system designed to offer families more choice in how they manage work and family life.

How Does SPL Work?

SPL is created by ‘converting’ maternity leave into shared leave. After the mother ends her maternity leave early (known as “curtailing” maternity leave), the remaining leave can be shared between both parents. Here’s a breakdown of how it works:

  1. Eligibility: Both parents need to meet certain eligibility criteria. This includes being employees, having worked for the same employer for at least 26 weeks by the end of the 15th week before the due date (or matching date for adoption), and having earned at least £123 a week on average over an 8-week period.
  2. Notification: The process begins with the mother giving her employer at least eight weeks’ notice to end her maternity leave early. Both parents must then inform their respective employers about their plans to take SPL, including how they intend to share the leave.
  3. Leave and Pay: Parents can take leave together, separately, or in up to three blocks each. Shared Parental Pay (ShPP) is available for up to 37 weeks, based on statutory rates or 90% of average weekly earnings (whichever is lower).

Common Challenges Employers Face

  • Lack of Understanding: SPL can be complex, and many businesses, especially those with limited HR experience, find it challenging to understand how to handle requests.
  • Uncertainty Around Pay: Deciding whether to enhance SPL pay (beyond statutory pay) can be tricky. While some companies choose to offer enhanced pay to align with their maternity/paternity policies, others stick to statutory rates.
  • Managing Leave Requests: SPL allows parents to take leave in blocks, rather than one continuous period, which can make workforce planning and cover arrangements more challenging.

Tips for Employers

  1. Understand the Policy: Ensure your HR team is well-versed in how SPL works. This means understanding eligibility, notification requirements, and how leave can be taken.
  2. Communicate Clearly: Provide clear guidance to employees about your SPL policy. This could be via an employee handbook, intranet, or dedicated HR resources. The clearer the communication, the fewer misunderstandings and disputes you’ll face.
  3. Consider Enhanced Pay: Offering enhanced Shared Parental Pay could demonstrate your commitment to supporting all parents, making your organisation more attractive to prospective employees.
  4. Be Flexible: Be prepared to manage leave flexibly. Since SPL can be taken in blocks, consider how your business will handle these requests to maintain operational efficiency.
  5. Seek Legal Guidance: If you’re unsure about any aspect of SPL, seeking advice from an employment law expert can help ensure you’re compliant and avoid any potential legal challenges.

Final Thoughts

Shared Parental Leave is a valuable benefit that reflects modern family life and the desire for both parents to be involved in raising their children. While it might seem complicated at first, understanding how SPL works and preparing to handle requests will help your business support your employees effectively, stay compliant, and foster a family-friendly culture.

Need Help Navigating Shared Parental Leave?

Our team of employment law experts is here to guide you through the complexities of Shared Parental Leave and ensure your policies are compliant. Get in touch today for support.

Contact Us Today:

  • Email: info@mylawsolicitors.co.uk
  • Telephone: 01924 654194

Understanding and properly implementing Shared Parental Leave not only keeps your business compliant but also shows your commitment to supporting all employees and their families.