In the case of Hextall v Chief Constable of Leicestershire Police the employer paid 18 weeks full pay to a woman on maternity leave but only ShPP to a parent on SPL. New parents get up to 12 weeks of paid time off to care for a sick family member or a new baby. You must also give a ‘booking notice’ at least eight weeks before each period of shared parental leave that you wish to take. Since 1 September 2020, both parents can take up to 26 weeks parental leave. Shared Parental Leave: fathers, partners and adopters. Your employer may also ask for a copy of your child’s birth certificate (or a declaration stating the date and place of birth if no birth certificate is available). If your partner is self-employed, s/he cannot take shared parental leave/ShPP. In between the parental leaves, a nanny is with the child for 9 weeks. However, even if only one parent is going to take SPL e.g. Many countries have implemented paid parental leave policies for both parents, while a minority of countries, like the United States, only have unpaid maternity leave. Charity reg. Parents can be on shared parental leave at the same time as each other and can receive statutory shared parental pay … You must give at least 8 weeks’ notice to the JobCentre Plus to end your MA at a future date, specified in your notice, to enable your partner to take ShPP. If the father/partner is self-employed s/he will not be able to take SPL/ShPP. maternity leave/pay must be reduced by 3 months to create 3 months shared parental leave/pay. This means that parents can now share up to 40 weeks of parental benefits with the standard option and up to 69 weeks of parental benefits with the extended option. full pay when you are off sick, you must end your SPL and return to work in order to qualify for contractual sick pay. Yes, both parents can be absent from work on shared parental leave at the same time. See www.gov.uk/recover-statutory-payments/if-you-cant-afford-to-make-payments. Note: the mother can only cancel her notice to curtail/reduce her maternity leave or pay in very limited circumstances so she cannot go back onto maternity leave/pay if you cancel SPL/ShPP. mother will return to work at the end of week 26, mother or partner will have 13 weeks ShPP to take. Shared parental leave Shared parental leave allows mums to share their 52 weeks of maternity leave with their partner. 1 or both parents take leave or; both parents want to take leave at the same time or different times. Single parents will not be able to qualify for shared parental leave. Your employer can ask you to repay any enhanced shared parental pay (not the ShPP element of £151.20 per week) if you do not return to work for a specified period after the end of your leave e.g. A mother on MA cannot qualify for ShPP, but if you are employed you can curtail your maternity leave to create shared parental leave but it is very important that you do not curtail your Maternity Allowance if you want to be able to claim it during a period of shared parental leave. FAQs: Covid-19 – rights and benefits during pregnancy and maternity leave, Resigning during pregnancy and maternity leave, Pregnant during maternity leave (expecting again), Miscarriage, stillbirth and neonatal death, Redundancy during pregnancy, maternity and parental leave, Asking to change your working hours or go part-time, Adoption leave and pay – rights for parents, Health and safety, sickness and breastfeeding, Health and safety during pregnancy/on return to work, Continuing to breastfeed when you return to work, Sickness during pregnancy and maternity leave, and on return to work, Postnatal depression/depression in pregnancy, Self-employed, agency and zero-hours work, Rights for parents with more than one job, ‘Ordinarily Resident’ in the UK: entitlement to NHS maternity care in England, Information-sharing between the NHS and Home Office in England. New parents can receive partial wages from the state while taking time off to bond with a child. For instance, one of the parents can take the entire 35 weeks of standard parental benefits, or both parents can share them. Your employer is entitled to check that the information in your notice is correct when contacting your partner’s employer but your employer should not ask your partner’s employer for any other information about your partner’s employment. Your employer can start your maternity leave pay in the four weeks before your expected week of childbirth if you are off sick for a pregnancy-related reason. 7, state that a parent is entitled to take shared parental leave/ShPP at the same time as the other parent is taking SPL/ShPP, maternity leave or maternity pay. Like shared parental leave this can be split between both parents. SMP is paid for up to 39 weeks at 90% of the mother’s average earnings for the first six weeks and a flat rate of £139.58 per week for 33 weeks (or 90% of the mother’s … New mothers mostly get between 14 and 22 weeks, and new fathers between two days (Greece) and three months (Italy), of paid leave. The mother can transfer a maximum of 50 weeks’ shared parental leave and 37 weeks’ Statutory Shared Parental Pay (ShPP) depending on how much maternity leave and pay she intends to take. Yes, if you return to work early, although you will stop receiving your maternity pay, your entitlement to SMP or Maternity Allowance continues to run in the background for 39 weeks from when it started (the maternity pay period). If you are refused Maternity Allowance during a period of sick leave you should seek advice. For more information on these rights, see: Maternity leave can only be taken in one block but shared parental leave can be taken in blocks of leave (within a year from the birth). In the case of Ali v Capita Customer Ltd the employer provided 14 weeks enhanced maternity pay but only paid ShPP to a parent on shared parental leave. Returning to work early Maternity leave will come to an end if you return to work and you cannot go back onto maternity leave. SPL one year on – reasons to be cheerful? Once your baby is born you can claim Child Benefit. For example, if the father’s employer offers contractual (i.e. For more information on sickness, see Sickness during pregnancy and maternity leave. No, once your 39 week MA period has started, it continues to run in the background even if you return to work. When to take Shared Parental Leave. From helping to minimize hiring bias … For information on the basics of shared parental leave (SPL), including who is entitled, how much leave you can take, and how the system works, see Shared Parental Leave: Nuts and Bolts and Top Tips. You can get further advice from Maternity Action, see Where to go for more help below. Only the mother (or primary adopter) is entitled to the higher rate of SMP (or Statutory Adoption Pay) for the first six weeks. Both parents taking parental leave at the same time. Once you have submitted a ‘booking’ notice to book your SPL, you can change or cancel your shared parental leave dates by giving your employer at least 8 weeks’ written notice. You should bear in mind that Government guidance on shared parental leave has conflicting information on this: ‘Employed mothers who qualify for MA cannot take SPL or ShPP themselves but can ‘create’ SPL and/or ShPP for an employed father or partner to take….’ page 10. Maternity Allowance is payable for any week of absence during the pay period if the mother is off sick or absent from work. Your employer must consider how you can do your current job on the working pattern you are asking for. Parents on a low income or whose income is reduced during a period of leave may be entitled to claim Child Tax Credit and/or Working Tax Credit (WTC). Her employer triggered her maternity leave and pay on the following day. If you intend to take your full 39 week Maternity Allowance period, your partner will not be entitled to any Statutory Shared Parental Pay but if you curtail your maternity leave, your partner can take up to 13 weeks unpaid shared parental leave (52 – 39 = 13). You can find the most up to date information about whether … If you are unhappy about a Maternity Allowance decision, you can ask for a Mandatory Reconsideration within 28 days of receiving a decision from the Jobcentre Plus, or as soon as possible. Shared Parental Leave legislation came into force in April 2015. For more information on benefits for families, see Money for Parents and Babies. For more information on redundancy see Redundancy during pregnancy and maternity leave. She gives notice to curtail her SMP before the end of the 30th week. Employers can decide on the terms of their contractual pay policies, however, they need to ensure that they do not discriminate. You are protected against detrimental treatment or unfair dismissal for asking to take or taking SPL. Parents who qualify are entitled to share up to 50 weeks’ SPL but only 37 weeks’ ShPP. Yes, the Shared Parental Leave Regulations 2014, reg. For more information on Universal Credit, see: www.gov.uk/universal-credit, For an online benefits calculator, see www.betteroffcalculator.co.uk. Both of you might also be able to use Shared Parental Leave and Pay to take time off. She was off sick with a pregnancy-related condition 4 weeks before her due date. Employers must offer the same terms to mothers and fathers under a shared parental leave or family leave policy. SMP is paid at the higher rate of 90% of the mother’s average earnings for the first six weeks. If you have been receiving SMP, SPP or ShPP it will count as earnings for calculating your entitlement to Statutory Sick Pay. Employed mothers remain entitled to 52 weeks statutory maternity leave and 39 weeks statutory maternity pay (SMP) or maternity allowance. Shared parental leave did not create any new rights for parents but gave mothers the choice to transfer any unused maternity leave and pay to their partner. It is up to you and your partner to decide how and when you wish to take your leave. You must claim MA within three months from the start of the MA period, otherwise you will lose some or all of your pay. You are also entitled to your contractual benefits (apart from your normal salary) during SPL. Leave should be rounded up to the nearest half day, not rounded down. During this time, you do not work or do so only for limited hours. There is a 26-week qualifying period in employment and the adopter or partner must be eligible for statutory adoption pay or paternity pay or meet the employment and earnings test. You need to check whether you qualify for shared parental leave as well as Statutory Shared Parental Pay as the qualifying conditions for each are different. These types of policies reduce the amount of paid shared parental leave available to the father/partner and/or reduce the amount of maternity leave taken by the mother. You should get advice before making a new claim for Universal Credit as you cannot go back onto tax credits and you may be worse off on Universal Credit. If you think you have been disadvantaged by the pay scheme offered by your employer you should seek advice. A parent must be employed up to the week in which SPL/ShPP starts, so if the job comes to an end (e.g. You must claim MA within three months from the start of the MA period, otherwise you will lose some or all of it. When 1 parent takes unpaid parental leave, they can take up to: 12 months or; 24 months, if … If your citizen child is born, or has an EDD before 1 July 2017, you will be entitled to 1 week of shared parental leave, capped at $2,500, including CPF. Statutory Shared Parental Pay (ShPP) is created by the mother curtailing (reducing) her SMP or Maternity Allowance to allow her or her partner to take the remaining weeks of SMP or MA as paid shared parental leave. You can work up to 20 days continuously or on odd days, without bringing your SPL or ShPP to an end. Statutory Shared Parental Pay (ShPP) is created by the mother curtailing (reducing) her SMP or Maternity Allowance to allow her or her partner to take the remaining weeks of SMP or MA as paid shared parental leave. Shared Parental Leave Shared parental leave is statutory leave for new parents, including adopters. mother will return to work at the end of week 26, partner will have 13 weeks ShPP to take. The Court of Appeal has decided that this is not direct sex discrimination or indirect sex discrimination because the law allows special treatment for a mother following pregnancy and childbirth for a minimum period of at least 14 weeks. For queries about Statutory Maternity Pay, Adoption Pay, Paternity Pay and Shared Parental Pay: For detailed guidance for employers on SMP, SAP, SPP and Statutory Sick Pay see www.gov.uk/government/collections/statutory-pay, For payments of Statutory Maternity Pay/Adoption Pay/Paternity Pay/Shared Parental Pay or Statutory Sick Pay if your employer has gone. You are usually regarded as ‘back at work’ once your shared parental leave period has ended, even if you are on sick leave, annual leave or unpaid leave or if you reduce or change your hours of work but you should check your employer’s policy. A new leave benefit has also been introduced to give people four weeks of fully paid leave to care for a … This means the mother will be going back to work earlier. If your partner is employed, and meets the qualifying conditions, you can curtail (reduce) your Maternity Allowance period in order to create shared parental leave/pay for your partner. Being a parent is an exciting and rewarding experience. Learn more and apply. Agency workers, casual workers, zero hours contract workers and some freelance workers can qualify for ShPP if they are classed as ‘employed earners’ and meet the conditions above. Note: in most cases the mother is better off staying on maternity leave but she will need to reduce her maternity leave/pay period to create shared parental leave for the father/partner to take. working for the same employer) but you should not be refused work because you have taken time off to have a baby. For example, if one parent’s employer has not agreed a pattern of discontinuous leave, both parents may wish to withdraw it. For more information if you are resigning from your job see Resigning during pregnancy and maternity leave. The father is also entitled to 2 weeks’ paternity leave. You are treated as working for WTC purposes during any period in which you are receiving one of the following: You must have been working full-time for Working Tax Credit purposes immediately before your leave started. You are also entitled to return to exactly the same job on the same terms and conditions as you were doing immediately before the start of that period of leave if you return to work after taking additional maternity leave, Parental Leave of more than four weeks, and after SPL where your total leave adds up to more than 26 weeks on aggregate (including any periods of SPL, maternity or paternity leave taken in respect of this baby). If you decide to return to work early your Maternity Allowance pay period continues to run in the background. Remember: the mother must also give at least eight weeks’ notice to curtail (reduce) her maternity leave and/or pay in order for her or her partner to take SPL/ShPP. If you work 3 days a week, multiply 3 x 5.6: you are entitled to 16.8 days annual leave. As well as maternity and paternity leave, there are other leave options for eligible parents and carers. Shared Parental Leave and Pay: Employers’ technical guide 4 . This information is only relevant to your own employer with whom you are booking your leave. the date your maternity leave ended. If the mother returns to work before giving notice to take SPL/ ShPP she must give at least 8 weeks’ notice to curtail the maternity pay period before the end of the 38th week. If the mother returns to work earlier than the date given in the Curtailment Notice, you cannot create any more ShPP. For more information on how to find your local Citizens Advice Bureau, see: https://www.citizensadvice.org.uk/about-us/contact-us/contact-us/contact-us/, If you are eligible for legal aid you can get free legal advice on 0345 345 4 345 (offers translation service). For example, if the mother returns to work after 26 weeks’ maternity leave and pay, she still has 26 weeks SPL (52 weeks minus 26) and 13 weeks ShPP (39 weeks minus 26) available to take as SPL/ShPP. Parental leave entitles parents to take unpaid leave from work to spend time looking after their children. This protected period ends at the end of maternity leave and does not protect a mother during shared parental, Shared parental leave does not give parents any new rights to additional leave and pay – it simply allows mothers to give up some of their maternity leave/pay and give it to the father/partner. Both parents should check whether their employer offers enhanced shared parental pay as that may affect decisions on who takes the leave. Any SMP or MA the mother receives as a result of sickness during the maternity pay period does not reduce the number of weeks of ShPP available to the parents, as the number of weeks available is worked out from the date she returned to work. A notice for discontinuous leave that has been withdrawn before it is agreed does not count towards the maximum of three requests for leave that you can make. If you want to take more leave you can take SPL. If you call in sick during shared parental leave and you meet the qualifying conditions for Statutory Sick Pay, your employer must pay you Statutory Sick Pay instead of ShPP. two weeks’ SPL at Easter, one weeks’ SPL for May half term and six weeks’ SPL over the summer holiday, your employer can refuse your request. 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