This is an overview of how shared parental leave works, applicable to those working in educational institutions and organisations. It does not cover how shared parental leave works in all scenarios and we recommend seeking further advice where necessary.
What is SPL?
Shared parental leave allows eligible employees to take leave flexibly i.e. return to work for a period and then take off further leave. It also allows parents to share leave. Ordinarily the child’s father would be entitled to 2 weeks statutory paternity leave and pay if eligible. However, there is no requirement that any of the shared parental leave is actually ‘shared’. Importantly, however, both parents must qualify for shared parental leave and opt into the scheme.
It is compulsory for the child’s mother to take the first 2 weeks following birth as statutory maternity leave. Thereafter, the remaining 50 weeks could be taken as shared parental leave (i.e., instead of statutory maternity leave) and this would be the maximum number of weeks that could be taken. Otherwise, shared parental leave will be whatever remains of untaken statutory maternity leave.
When must SPL be taken?
Shared parental leave must be taken within 52 weeks of the child’s birth. This should not be confused with 52 weeks from when the mother started her maternity leave.
Who is eligible for SPL?
Generally, only employees can take shared parental leave. There is a requirement that the other parent be in paid work and that they have qualifying service (meaning they have worked for at least 26 of the 66 weeks immediately before the 15th week before the expected week of childbirth, earning at least £30 on average based on 13 of those weeks), and that at the date of birth they have responsibility for the care of the child. They only need to be an employee if they wish to share the shared parental leave.
What is the process of taking SPL?
To participate in shared parental leave, the mother must either return to work or curtail her maternity leave, and this is done by giving a curtailment notice at least 8 weeks before the date on which the mother wishes her maternity leave to end (which cannot be before the end of the compulsory maternity leave period of 2 weeks). Shared parental leave starts at the date the mother specifies in the notice to curtail her maternity leave.
At the same time, the mother should serve a notice of entitlement/intention to take shared parental leave (which should include a declaration that their partner consents to the proposal). The notice of intention to take shared parental leave can either set out the dates she wishes to take the leave, or she can give notice of this separately.
Does SPL need to be taken in one block?
Shared parental leave can be taken in one continuous block or taken within a maximum of 3 ‘blocks’. Where these 3 blocks are taken as 3 separate blocks, each of these blocks is individually referred to as a block of ‘continuous leave’. If however those blocks were to be further broken down (e.g. block 1 is broken down in to 2 or 3 smaller blocks) this is known as ‘discontinuous leave’. A request for continuous leave must be accepted by the employer, whereas a request for discontinuous leave can be accepted, rejected, or have alternative dates proposed by the employer.
Can SPL be taken during term time?
In the education sector, it is quite common for an employee to be on leave during term time, then share their parental leave with their partner during the school closure period while they come back to ‘work’, and then they will be on leave again when the school re-opens while their partner goes back to work. This is a loophole in the shared parental leave legislation in that it essentially allows employees to take shared parental leave during term time and return to ‘work’ during the school closure periods. The legislation is very employee-friendly and there is not a huge amount that employers can do at this stage.
How much should you pay employees on SPL?
You must pay the weekly rate of Shared Parental Pay (ShPP) whichever is the lower of:
- ‘The prescribed rate’ (which for ShPP claimed between 2 April 2023 and 1 April 2024 is £172.48); or
- 90% of the normal weekly earnings of the person claiming ShPP.
Eligible parents are entitled to 37 weeks of statutory ShPP. You should confirm whether your contracts or policies provide any enhanced pay and if so, this higher amount should be paid.
What about enhanced maternity pay?
Subject to any contrary wording that may appear in the policy or the employee’s contract, the employee should not be able to do this. Once the employee has curtailed their maternity leave, any further leave will have to be taken under shared parental leave and any further pay under shared parental pay.
There are circumstances where the employee can revoke their curtailment of maternity leave/pay by serving a revocation notice before the curtailment date (i.e. the date they intend their maternity leave to end), but they are only entitled to serve this revocation notice if:
- they discover that they (or their partner) are not entitled to SPL/ShPP;
- the leave curtailment notice was served before the child was born; or
- the employee’s partner dies. But we would recommend that you come back for further advice should any of these issues arise.
Further Information
Government Guidance Guide: link here.
Government Technical Guidance Guide: link here.
Acas Guidance: link here.
For further information on Shared Parental Leave, please contact a member of our Schools HR team on 0345-026-8690 or schoolshr@wslaw.co.uk.