Shared Parental Leave Policy
Definition
Shared Parental Leave (SPL) enables eligible parents to choose how to share the care of their child during the first year of birth or adoption. Its purpose is to give parents more flexibility in considering how to best care for their child.
Eligibility
SPL can only be used by two people:
The mother / adopter and
One of the following:
The father of the child (in the case of birth) or
The spouse, civil partner or partner of the child’s mother / adopter.
Both parents must share the main responsibility for the care of the child at the time of the birth / placement for adoption. Additionally an employee seeking to take SPL must satisfy each of the following criteria:
The mother / adopter of the child must be / have been entitled to statutory maternity / adoption leave or if not so entitled they must be / have been entitled to statutory maternity / adoption pay or maternity allowance and must have ended or given notice to reduce any maternity / adoption entitlements;
The employee must still be working for Two Harcourt Buildings at the start of each period of SPL;
The employee must have been employed by Chambers for a minimum of 26 weeks at the end of the 15th week before the child’s expected due date / matching date;
The employee’s partner must meet the ‘employment and earnings test’ requiring them in the 66 weeks leading up to the child’s expected due date / matching date to have worked for at least 26 weeks and earned an average of at least £30 a week in any of those 13 weeks;
The employee must correctly notify Chambers of their entitlement and provide evidence as required.
Entitlement
Eligible employees may be entitled to take up to 50 weeks SPL during the child’s first year in their family. The number of weeks available is calculated using the mother’s / adopter’s entitlement to maternity / adoption leave, which allows them to take up to 52 weeks’ leave. If they reduce their maternity / adoption leave entitlement then they and / or their partner may opt in to the SPL system and take any remaining weeks as SPL.
A mother / adopter may reduce their entitlement to maternity / adoption leave by returning to work before the full entitlement of 52 weeks has been taken, or they may give notice to curtail their leave at a specified future date.
If the mother / adopter is not entitled to maternity / adoption leave but is entitled to Statutory Maternity Pay (SMP) or Statutory Adoption Pay (SAP) they must reduce their entitlement to less than the 39 weeks. If they do this, their partner may be entitled to up to 50 weeks of SPL.
This is calculated by deducting from 52 the number of weeks of SMP or SAP taken by the mother / adopter.
SPL can commence as follows:
The mother can take SPL after she has taken the legally required 2 weeks of maternity leave immediately following the birth of the child.
The adopter can take SPL after taking at least 2 weeks of adoption leave.
The father / partner / spouse can take SPL immediately following the birth / placement of the child, but may first choose to exhaust any paternity leave entitlements (as they cannot take paternity leave or pay once they have taken any SPL or Shared Parental Pay [ShPP]).
Where a mother / adopter gives notice to curtail their maternity / adoption entitlement then the mother / adopter’s partner can take leave while the mother / adopter is still using their maternity / adoption entitlements.
SPL will generally commence on the employee’s chosen start date specified in their leave booking notice, or in any subsequent variation notice.
If the employee is eligible to receive it, ShPP may be paid for some or all of the SPL period.
SPL must end no later than 1 year after the birth / placement of the child. Any SPL not taken by the 1st birthday or 1st anniversary of placement for adoption is lost.
Notifying Chambers of an entitlement to Shared Parental Leave
An employee entitled and intending to take SPL must give the Senior Clerk / Head of Chambers at least 8 weeks’ notice before they can take a period of SPL. Notification must be in writing and requires each of the following:
The employee’s name;
The name of the other parent;
The start and end dates of any maternity / adoption leave or pay taken in respect of the child and the total amount of SPL available;
The date on which the child is expected to be born / the actual date of birth or, in the case of an adopted child, the date on which the employee was notified of having been matched with the child and the date of placement for adoption;
The amount of SPL the employee and their partner each intend to take;
A non-binding indication of when the employee expects to take the leave.
The employee must provide Chambers with a signed declaration stating:
That they meet, or will meet, the eligibility conditions and are entitled to take SPL;
That the information they have given is accurate;
If they are not the mother / adopter they must confirm that they are either the father of the child or the spouse, civil partner or partner of the mother / adopter;
That should they cease to be eligible for SPL they will immediately inform Chambers.
The employee must also provide Chambers with a signed declaration from their partner confirming:
Their name, address and national insurance number;
That they are the mother / adopter of the child or they are the father of the child or are the spouse, civil partner or partner of the mother / adopter;
That they satisfy the ‘employment and earnings’ test and had at the date of the child’s birth or placement for adoption the main responsibility for the child, along with the employee;
That they consent to the amount of SPL that the employee intends to take;
That they consent to Chambers processing the information contained in the declaration form; and
(In the case where the partner is the mother / adopter) that they will immediately inform their partner should they cease to satisfy the eligibility conditions.
Requesting further evidence of eligibility
Chambers may, within 14 days of the SPL entitlement notification being given, request:
The name and business address of the partner’s employer;
A copy of the child’s birth certificate / documentary evidence of the name and address of the adoption agency, the date on which they were notified of having been matched with the child and the date on which the agency expects to place the child for adoption.
In order to be entitled to SPL the employee must produce this information within 14 days of being so requested.
Fraudulent claims
Chambers may, where there is suspicion that fraudulent information may have been provided or where Chambers has been informed by HMRC that a fraudulent claim was made, investigate the matter further in accordance with standard investigation and disciplinary procedures.
Discussions regarding Shared Parental Leave
An employee considering taking SPL is encouraged to speak to the Senior Clerk / Head of Chambers as soon as possible regarding their potential entitlement and plans. Upon receiving a leave booking notice the Senior Clerk / Head of Chambers will arrange a meeting with the employee to discuss in detail the leave proposed and what will happen while the employee is away from work. If the request is for discontinuous leave the discussion may focus on whether this request can be accommodated, whether a modified arrangement is required, and what the outcome may be if no agreement is reached.
Booking Shared Parental Leave
In addition to notifying Chambers of entitlement to SPL / ShPP, an employee must also give notice to take the leave. These notifications may be done concurrently.
The employee has the right to submit 3 notifications specifying leave periods they are intending to take. Each notification may contain either (a) a single period of weeks of leave; or (b) 2 or more periods of weeks of leave where an employee intends to return to work between periods of leave. SPL can only be taken in complete weeks.
The employee must book SPL by giving the correct notification at least 8 weeks before the date on which they wish to start leave and (if applicable) receive ShPP.
Continuous leave notifications
A notification can be for a period of continuous leave i.e. a number of weeks taken in a single unbroken period of leave.
An eligible employee has the right to take a continuous block of leave notified in a single notification so long as it does not exceed the total number of weeks of SPL available to them (specified in the notice of entitlement) and the employee has been given at least 8 weeks’ notice.
An employee may submit up to 3 separate notifications for continuous periods of leave.
Discontinuous leave notifications
A single notification may also contain a request for 2 or more periods of discontinuous leave i.e. a set number of weeks of leave over a period of time with breaks between the leave when the employee will return to work.
Chambers will consider a discontinuous leave notification but may refuse it if it does not meet the needs of Chambers. If the discontinuous leave pattern is refused, the employee can either withdraw it within 15 days of the request being made, or can take the leave in a single continuous block.
Responding to a Shared Parental Leave notification
Once the Senior Clerk / Head of Chambers receive the leave booking notice, a response will be provided in writing no later than the 14th day after the leave request was made.
Each request for discontinuous leave will be considered on a case by case basis; a decision made in respect of one request will not set a precedent in respect of future requests.
If a discontinuous leave pattern is refused then the employee may withdraw the request without detriment on or before the 15th day after the refusal was given; or may take the total number of weeks in the notice in a single continuous block. If the employee chooses to take the leave in a single continuous block, s/he has until the 19th day from the date the refusal was given to choose when they want the leave period to begin. The leave cannot start sooner than 8 weeks from the date the original notification was submitted.
Variations to arranged Shared Parental Leave
The employee is permitted to vary or cancel an agreed and booked period of SPL, provided that they advise Chambers in writing at least 8 weeks before the date of any variation. Any new start date cannot be sooner than 8 weeks from the date of any variation request.
Any variation or cancellation notification made by the employee, including notice to return to work early, will usually count as a new notification reducing the employee’s right to book / vary leave by one. However, a change as a result of the child being born early, or as a result of Chambers requesting it be changed and the employee being agreeable to the change, will not count as further notification. Any variation will be confirmed in writing by Chambers.
Statutory Shared Parental Pay (ShPP)
Eligible employees may be entitled to take up to 37 week ShPP while taking SPL. The amount of weeks available will depend on the amount by which the mother / adopter reduces their maternity / adoption pay period or maternity allowance period.
ShPP may be payable during some or all of SPL, depending on the length and timing of the leave.
In addition to meeting the eligibility requirements for SPL, an employee seeking to claim ShPP must further satisfy each of the following criteria:
The mother / adopter must have / have been entitled to statutory maternity / adoption pay or maternity allowance and must have reduced their maternity / adoption pay period or maternity allowance period;
The employee must intend to care for the child during the week(s) in which ShPP is payable;
The employee must remain in continuous employment until the 1st week of ShPP has begun;
The employee must give proper notification in accordance with the rules set out below.
Where an employee is entitled to receive ShPP they must, at least 8 weeks before receiving any ShPP, give the Senior Clerk / Head of Chambers written notice advising of their entitlement to ShPP. To avoid duplication this should be included as part of the notice of entitlement to take SPL.
In addition to what must be included in the notice of entitlement to take SPL, any notice that advises of an entitlement for ShPP must include:
The start and end dates of any maternity / adoption pay or maternity allowance;
The total amount of ShPP available, the amount of ShPP the employee and their partner each intend to claim, and a non-binding indication of when the employee expects to claim ShPP;
A signed declaration from the employee confirming that the information they have given is correct, that they meet or will meet the criteria for ShPP and that they will immediately inform Chambers should they cease to be eligible.
It must be accompanied by a signed declaration from the employee’s partner confirming:
Their agreement to the employee claiming ShPP and for Chambers to process any ShPP payments to the employee;
(In the case where the partner is the mother / adopter) that they have reduced their maternity / adoption pay or maternity allowance;
(In the case where the partner is the mother / adopter) that they will immediately inform their partner should they cease to satisfy the eligibility conditions.
Any ShPP due will be paid at a rate set by the Government for the relevant tax year.
Terms and conditions during Shared Parental Leave
During the period of SPL the employee’s contract of employment continues and they are entitled to receive all their contractual benefits except for salary. Contractual annual leave entitlement will continue to accrue.
Pension contributions will continue to be made during any period when the employee is receiving ShPP but not during any period of unpaid SPL. Employee contributions will be based on actual pay, while Chambers’ contributions will be based on the salary that the employee would have received had they not been taking SPL.
Annual Leave
SPL is granted in addition to the employee’s normal annual holiday entitlement. Holiday allowance should whenever possible be taken in the year that it is earned. Where an SPL period overlaps 2 leave years the employee should consider how their annual leave entitlement can be used to ensure that it is not untaken at the end of the holiday year.
Contact during Shared Parental Leave.
Before an employee’s SPL begins, Chambers will discuss the arrangements for them to keep in touch during their leave. Chambers reserves the right in any event to maintain reasonable contact with the employee from time to time during their SPL.
Shared Parental Leave in touch days
An employee can agree to work for Chambers (or attend training) for up to 20 days during the SPL without bringing the period of SPL to an end or impacting on their right to claim ShPP for that week. These are known as ‘Shared Parental Leave in Touch’ or ‘SPLIT’ days. Any work carried out on a day or part of a day shall constitute a day’s work for these purposes.
Chambers has no right to require the employee to carry out any work, and is under no obligation to offer the employee any work, during the employee’s SPL. Any work undertaken is a matter for agreement between Chambers and the employee. An employee taking a SPLIT day will receive full pay for any day worked. If a SPLIT day occurs during a week when the employee is receiving ShPP, this will be effectively ‘topped’ up so that the individual receives full pay for the day in question. Any SPLIT days worked do not extend the period of SPL.
Returning to work after Shared Parental Leave
The employee will have been formally advised in writing by Chambers of the end date of any period of SPL. The employee is expected to return on the next working day after this date unless they notify Chambers otherwise. If they are unable to attend work due to sickness or injury, Chambers’ normal arrangements for sickness absence will apply. In any other case, late return without prior organisation will be treated as unauthorised absence.
If the employee wishes to return to work earlier than the expected return date, they may provide a written notice to vary their leave and must give Chambers at least 8 weeks’ notice of the date of their early return. This will count as 1 of the employee’s notifications. If they have already used their 3 notifications to book and / or vary leave then Chambers does not have to accept the notice to return early but may do so if it is considered to be reasonably practicable to do so.