This article was produced by Olswang LLP, which joined with CMS on 1 May 2017.
Today regulations which bring into effect the shared parental leave ("SPL") regime come into force.
Broadly, these regulations allow the parents of a child due to be born, or placed for adoption, on or after 5 April 2015 to take a more flexible approach to child care during the year following birth or placement.
Parents will potentially be able to share a maximum of 52 weeks' leave and 39 weeks' statutory pay if the mother or the person taking adoption leave returns to work before the end of their maternity leave ("SML") or adoption leave ("SAL"), or gives a binding notice that they will do so. The amount of SPL and statutory pay actually available to share is reduced by the amount of SML/SAL and related statutory pay that has been or will be used.
SPL can be taken in continuous or discontinuous blocks with parents potentially able to take SPL at the same time, in a staggered pattern or with gaps between the leave when they both return to work.
The new regime is complicated and employees expecting babies on or after 5 April next year may already be approaching their employers with requests for SPL.
Practical advice and potential pitfalls
- The new regime will require clearly set out policies and template forms to assist both the employer and the employee in complying with the various requirements for opting into and taking SPL.
- Communication between the employer and the employee will be critical to successful implementation of more complex patterns of SPL.
- For parents of children due to be born or placed for adoption on or before 4 April 2015, the option of using additional paternity leave remains open.
- Employees will be able to achieve a certain level of discontinuous leave through the notification process and businesses will need to consider how they will manage this situation.
- Employers will need to ensure that line managers are sufficiently trained in dealing with SPL requests. To prevent successful discrimination claims, any requests for SPL will need to be treated consistently whether they are received from women or men.
- Male and female employees will need to be treated in the same way in relation to any enhanced benefits that may be made available.
