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Shared Parental Leave
Presented by……..
We will cover
• Current policies and changes to current
entitlements
• New Shared Parental Leave regulations
• Surrogacy arrangements
Current Policies
• Maternity Leave
• Paternity Leave
• Adoption Leave
• KIT days
• Parental Leave
Maternity Policy
No changes to Maternity entitlements
Eligibility Leave Entitlements Pay Entitlements
Less than 26 weeks service by the
11th week (Qualifying week) before
EWC
52 weeks
1 weeks full pay,38
weeks paid at SMP
or 90% of weekly
earnings whichever
is less
More than 26 weeks service by the
11th week (Qualifying week) before
EWC
52 weeks
1 weeks full pay, 38
weeks’ pay at SMP
rate
More than 52 weeks service by the
11th week (Qualifying week) before
EWC
15 months
18 weeks full pay, 21
weeks SMP rate
Paternity Entitlements
No changes to Paternity entitlements
Eligibility Leave Entitlements Pay Entitlements
Less than 26 weeks service by the 15th
week before EWC (or matched to a child)
2 weeks 1 weeks full pay
More than 26 weeks service by the 15th
week before EWC (or matched to a child)
2 weeks
1 weeks full pay, 1
weeks’ pay at SPP rate
Adoption Entitlements
• Adoption leave now becomes a right from day 1*
• Statutory adoption pay (SAP) to be brought in to line with
statutory maternity pay, so the first six weeks of SAP will
be paid at 90 per cent of the employee's normal
earnings, rather than at a flat rate**
Eligibility Leave Entitlements Pay Entitlements
Less than 26 weeks service by the by
the point of getting matched to a child 52 weeks
1 weeks full pay, 38 weeks’ pay
at SAP rate
More than 26 weeks service by the by
the point of getting matched to a child 52 weeks
1 weeks full pay, 38 weeks’ pay
at SAP rate
More than 52 weeks service by the by
the point of getting matched to a child 52 weeks
18 weeks full pay, 21 weeks
SAP rate
KIT days
• This policy will no longer be relevant for
parents who’s child is expected to be born/
matched after the 6th April 2015. This will
sit under the new policy
Parental Leave
• From April 2015 parents will be able to
take parental leave for children up to 18
years old.*
New Policy
• Maternity, Paternity, Adoption & Shared
Parental Leave Policy
• 4 policies* merged into 1 with the addition
of Shared Parental Leave
• New policy format**
Eligibility
• To be eligible an employee must meet the following criteria:
• You (or your partner) must be entitled to maternity / adoption leave, or
statutory maternity / adoption pay (or maternity allowance from the
Government)
• Step 1 - Continuity test: if you are seeking to take shared parental leave,
one parent / adopter must have worked for the same employer for at least
26 weeks at the end of the 15th week before the week in which the child is
due (or at the week in which an adopter was notified of having been
matched with a child or adoption) and they should still be employed in the
first week that shared parental leave is to be taken.
• The other parent /adopter has to have worked for 26 weeks in the 66 weeks
leading up to the due date and have earned above the maternity allowance
threshold of £30 a week in 13 of the 66 weeks.
• Step 2 - Individual eligibility for pay: To qualify for shared parental pay the
parent / main adopter must, as well as passing the Continuity test, also
have earned an average salary of the National Insurance lower earnings
limit or more for the 8 weeks prior to the 15th week before the expected
birth / adoption.
Shared Parental Leave
Entitlements
Leave Entitlements Pay entitlements
Leave and Pay entitlement
to be shared between
parents
52 weeks (2 weeks must be taken by
mother following birth) Partner
also receives 2 weeks Paternity
leave*
39 weeks SMP + Paternity leave
payments**
Shared Parental Leave
Process
Employee informs manager they/ their partner intends to
curtail their leave entitlement
Employee completes the Notification of Shared parental
leave form advising of dates requested.
Manager approves/ rejects the leave request
Approves
The line manager sends the form to the
HRBC and informs Rostering of the dates
the employee will be on leave
Manager advises why the leave is not
supported and sends the form to the
HRBC
The HRBC writes to the employee
advising the options available to the
employee
Rejects
Shared Parental Leave
Process (Cont)
• The mother should fill out both parts of the
Maternity Notification Forms.
• Following a decision to “Curtail”* the leave the
mother should complete the Notification of
Shared parental Leave form and submit the form
to the line manager, the manager will decide if to
accept the request or not.**
• The line manager should advise the employee of
the outcome.***
Shared Parental Leave
Process request approved
• If the line manager approves the request
the form should be sent to the HRBC to be
processed and inform Rostering of the
dates of leave.
Shared Parental Leave
Process request refused
• Should a request for Shared Parental
Leave be refused the line manager should
send the forms to the HRBC who will write
to the employee advising the options
available to them.
Shared Parental Leave
Process request refused (Cont)
• The HRBC will write the employee offering
them 4 options
• Agree a mutually beneficial set of dates*
• Make a formal appeal**
• Take Consecutive leave***
• Withdraw the request****
Notifications
• If the notification to curtail leave is
submitted before the childs birth the
request maybe withdrawn, if the request is
made after the birth the request is binding.
• Employee are allowed to submit three
notifications* per a child.
KIT days/ SPLIT days
• Mothers/ main adopters are allowed to
take 10 KIT days during Maternity Leave*
• Both parents are allowed to take 20 SPLIT
days** during Shared Parental Leave
Surrogacy
• UK law* states that the legal mother is the
women who gives birth to the child rather
than the biological mother, even if the
mother does not look after the child they
are entitled to usual maternity rights.
• If parents have a child via surrogacy they
must apply for a “parental order” to
formally adopt the child and then will be
eligible to adoption leave.

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Shared Parental Leave presentation

  • 2. We will cover • Current policies and changes to current entitlements • New Shared Parental Leave regulations • Surrogacy arrangements
  • 3. Current Policies • Maternity Leave • Paternity Leave • Adoption Leave • KIT days • Parental Leave
  • 4. Maternity Policy No changes to Maternity entitlements Eligibility Leave Entitlements Pay Entitlements Less than 26 weeks service by the 11th week (Qualifying week) before EWC 52 weeks 1 weeks full pay,38 weeks paid at SMP or 90% of weekly earnings whichever is less More than 26 weeks service by the 11th week (Qualifying week) before EWC 52 weeks 1 weeks full pay, 38 weeks’ pay at SMP rate More than 52 weeks service by the 11th week (Qualifying week) before EWC 15 months 18 weeks full pay, 21 weeks SMP rate
  • 5. Paternity Entitlements No changes to Paternity entitlements Eligibility Leave Entitlements Pay Entitlements Less than 26 weeks service by the 15th week before EWC (or matched to a child) 2 weeks 1 weeks full pay More than 26 weeks service by the 15th week before EWC (or matched to a child) 2 weeks 1 weeks full pay, 1 weeks’ pay at SPP rate
  • 6. Adoption Entitlements • Adoption leave now becomes a right from day 1* • Statutory adoption pay (SAP) to be brought in to line with statutory maternity pay, so the first six weeks of SAP will be paid at 90 per cent of the employee's normal earnings, rather than at a flat rate** Eligibility Leave Entitlements Pay Entitlements Less than 26 weeks service by the by the point of getting matched to a child 52 weeks 1 weeks full pay, 38 weeks’ pay at SAP rate More than 26 weeks service by the by the point of getting matched to a child 52 weeks 1 weeks full pay, 38 weeks’ pay at SAP rate More than 52 weeks service by the by the point of getting matched to a child 52 weeks 18 weeks full pay, 21 weeks SAP rate
  • 7. KIT days • This policy will no longer be relevant for parents who’s child is expected to be born/ matched after the 6th April 2015. This will sit under the new policy
  • 8. Parental Leave • From April 2015 parents will be able to take parental leave for children up to 18 years old.*
  • 9. New Policy • Maternity, Paternity, Adoption & Shared Parental Leave Policy • 4 policies* merged into 1 with the addition of Shared Parental Leave • New policy format**
  • 10. Eligibility • To be eligible an employee must meet the following criteria: • You (or your partner) must be entitled to maternity / adoption leave, or statutory maternity / adoption pay (or maternity allowance from the Government) • Step 1 - Continuity test: if you are seeking to take shared parental leave, one parent / adopter must have worked for the same employer for at least 26 weeks at the end of the 15th week before the week in which the child is due (or at the week in which an adopter was notified of having been matched with a child or adoption) and they should still be employed in the first week that shared parental leave is to be taken. • The other parent /adopter has to have worked for 26 weeks in the 66 weeks leading up to the due date and have earned above the maternity allowance threshold of £30 a week in 13 of the 66 weeks. • Step 2 - Individual eligibility for pay: To qualify for shared parental pay the parent / main adopter must, as well as passing the Continuity test, also have earned an average salary of the National Insurance lower earnings limit or more for the 8 weeks prior to the 15th week before the expected birth / adoption.
  • 11. Shared Parental Leave Entitlements Leave Entitlements Pay entitlements Leave and Pay entitlement to be shared between parents 52 weeks (2 weeks must be taken by mother following birth) Partner also receives 2 weeks Paternity leave* 39 weeks SMP + Paternity leave payments**
  • 12. Shared Parental Leave Process Employee informs manager they/ their partner intends to curtail their leave entitlement Employee completes the Notification of Shared parental leave form advising of dates requested. Manager approves/ rejects the leave request Approves The line manager sends the form to the HRBC and informs Rostering of the dates the employee will be on leave Manager advises why the leave is not supported and sends the form to the HRBC The HRBC writes to the employee advising the options available to the employee Rejects
  • 13. Shared Parental Leave Process (Cont) • The mother should fill out both parts of the Maternity Notification Forms. • Following a decision to “Curtail”* the leave the mother should complete the Notification of Shared parental Leave form and submit the form to the line manager, the manager will decide if to accept the request or not.** • The line manager should advise the employee of the outcome.***
  • 14. Shared Parental Leave Process request approved • If the line manager approves the request the form should be sent to the HRBC to be processed and inform Rostering of the dates of leave.
  • 15. Shared Parental Leave Process request refused • Should a request for Shared Parental Leave be refused the line manager should send the forms to the HRBC who will write to the employee advising the options available to them.
  • 16. Shared Parental Leave Process request refused (Cont) • The HRBC will write the employee offering them 4 options • Agree a mutually beneficial set of dates* • Make a formal appeal** • Take Consecutive leave*** • Withdraw the request****
  • 17. Notifications • If the notification to curtail leave is submitted before the childs birth the request maybe withdrawn, if the request is made after the birth the request is binding. • Employee are allowed to submit three notifications* per a child.
  • 18. KIT days/ SPLIT days • Mothers/ main adopters are allowed to take 10 KIT days during Maternity Leave* • Both parents are allowed to take 20 SPLIT days** during Shared Parental Leave
  • 19. Surrogacy • UK law* states that the legal mother is the women who gives birth to the child rather than the biological mother, even if the mother does not look after the child they are entitled to usual maternity rights. • If parents have a child via surrogacy they must apply for a “parental order” to formally adopt the child and then will be eligible to adoption leave.