Hi all,
I wonder if anyone can help. I am looking at the implications for shared parental leave if someone was to take this in my organisation. I have a few general queries where I would really appreciate guidance:
- if a maximum of 50 weeks was shared between parents equally, does this equate to 25 weeks each whether taken together or separately? So this could be 5weeks parents take together (both parents taking 5 weeks so equalling 10 weeks worth of shared) and then 1 parent takes 20 weeks alone followed by the other parent taking 20 weeks alone?
- payment of statutory shared parental pay (around £139 p/w) is this shared between the parents or do they both get this allowance seperately? As only 37 weeks is paid, is this 18.5 paid weeks per parent?
- what do you feel the implications of the recent Network Rail case will be? We currently pay enhanced mat and pat pay but only statutory shared parental pay - is this something we need to look at in light of the recent case?
Really hope someone will be able to help, I have been doing a lot of research and feel like I am going around in circles!
Many thanks,
Grace
Replies
Hi Grace
I dug out some info this is courtesy of PLC which is great employment law resource tool.
The SPL period
Effect of paternity leave
Where M is entitled to statutory maternity leave
Where M is entitled to statutory maternity pay
Where M is entitled to maternity allowance
The SPL available to each parent
The Network Rail case from memory is not binding on other courts but I think gives a useful pointer to employers which way the Courts will view this in future.
I hope the above is of use!
Regards
Sarah
Hi Sarah,
Thanks for posting. Even after reading the above I'm still a little confused as to whether to £139.58 p/w is shared between the parents or whether they both get £139.58 p/w when taking a block of ShPL? So if parents took seperate blocks, they would get £139.58p/w but if they took a block together, they would need to share the £139.58 between them? Also, if the leave is taken together, does each week taken count as 2 weeks because each parent is taking 1 week? I'm just so conscious that I need to be accurate about this!
Best wishes,
Grace
Hi Grace,
My understanding (although I'm sure someone will kindly correct me if wrong) is that if parents choose to share the leave then they both get £139.58pw. The total amount of combined leave cannot exceed 52 weeks, therefore the weekly payments are no more than if just one parent was taking all of the leave.
For example, if both parents choose to take 25 weeks off at the same time (after the mothers compulsory 2 weeks), then they would both get £139.58pw - the total paid being equivalent of 50 weeks paid at £139.58pw.
Hope that helps.
Becky
Hi Becky,
Thank you for your response - this is what I have deduced also but was concerned this was not the case. I will go with that concept until anyone tells me otherwise! Although, only 39 weeks are paid (minus the two weeks that must be taken as Mat leave) so 18.5 weeks paid if taken together. I don't know why they have made it so confusing!
Many thanks,
Grace
Yep, all the family leave policies/rules seem to be overly complicated - the hardest policies to try and make for simple reading! :)
I must say though, I haven't actually had anyone take this up since it was introduced (work in a company of c150, for reference); I was the same as you at first, but have now taken the approach of putting the policy in place (using a template from XpertHR) and will then find out the specifics should someone enquire.
I might be wrong but I think I heard that it was between the 2 parents. I may have dreamt it though. I have emailed a contact that I have to see if they can help!
Hi Hannah,
Thanks - I think you are right and that it is shared. I think it basically gets decided between the parents how much leave and therefore how much pay they have. So one may choose to take 30 weeks, 20 of which to be paid and the other parent may choose 20 weeks, 17 of which to be paid (or something along those lines). I believe that if they take leave together then they will need to share the entitlement between them so lets say 50 weeks taken together, 37 weeks paid but sharing £139.. between them.
If that makes sense?
Thanks,
Grace
Yeah so the ShPL starts after the compulsory leave ends (i.e. 2 weeks, or 4 in a factory). They then have up to 1 year to take the leave. They can take it in blocks or in one go. So the mum can be off for a certain length of time then the dad or the dad then the mum or they can both be off. They will only get the £139 either way.
I'm writing my policy for work at the minute so this is all new to me!
Hannah
Phew, glad I finally got it! We already have our policy in place (taken from XpertHR) but reading it didn't really make me any the wiser, if I'm honest. Plus, since the Network Rail case, it would be good to review the policy anyway.
Thanks,
Grace