Couples currently finding out that they are expecting a child will be among the first parents potentially eligible to take advantage of the forthcoming implementation of new shared parental leave rights.
The new rules, which will apply to couples whose babies are due or with whom a child is placed for adoption on or after 5 April 2015, will allow an estimated 285,000 eligible working couples to choose whether they want to share the mother’s maternity leave. Shared parental leave can be taken at the same time so a couple could spend up to half a year at home together after the birth or adoption of a child.
Employment Relations Minister Jo Swinson said on 28 August: “Introducing shared parental leave is a significant step towards changing workplace culture, making it just as normal for fathers to take on childcare responsibilities as mothers”.
“From April next year mums and adopters will have real choice about when they return to work, dads will have more time to bond with their children and employers will benefit from lower staff turnover and having a workforce that is more flexible and motivated.”.
The government is introducing shared parental leave and pay for employed parents which will make the current system for maternity and paternity leave much more flexible. Families currently have very limited choices about how they can share leave and pay and often struggle to balance competing demands at work and at home.
To qualify for shared parental leave and pay, a mother must be entitled to maternity or adoption leave, or statutory maternity or adoption pay or maternity allowance and must share the main responsibility for caring for the child with the child’s father or her partner. There are also two other steps to establish eligibility:
- a parent seeking to take shared parental leave must have worked for the same employer for at least 26 weeks at the end of the 15th week before the expected week of childbirth (EWC) or at the week when they were notified of having been matched with a child for adoption. They must still be employed in the first week that shared parental leave is to be taken. The other parent must have worked for 26 weeks in the 66 weeks leading up to the due date and have earned more than £30 a week in 13 of the 66 weeks.
- to qualify for shared parental pay the parent must, as well as passing the continuity test above, have earned an average salary of the lower earnings limit or more (currently £111) for the eight weeks’ prior to the 15th week before the EWC.
Lara Murray, associate solicitor in Palmers’ Employment Law team, said: “Employers need to ensure that they understand their obligations and responsibilities under the planned changes to family friendly rights, which will mean bringing their internal policies and procedures up to date as a starting point”.
“It can be a real challenge for employers to keep up to date with employment and HR issues, which are constantly evolving.”
For more information, including details of Palmers’ HR package, please contact the Employment Law team.