TPP HR Forum Jun 14 - shared parental leave

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TPP Not for Profit HR Forum June 2014

Presentation from Wendy Blake Ranken on shared parental leave

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TPP HR Forum Jun 14 - shared parental leave

  1. 1. Wendy Blake Ranken, HR Consultant wendy@blakeranken.clara.co.uk
  2. 2.  Overview of parental leave provisions  Discussion – what are we doing about it/what will we do? What will the key issues be for us?  Discussion – what topics would we like to discuss at future meetings? How will we work together? 2
  3. 3.  Comes in under Children and Families Act 2014  Applies to those with babies due/adopting children on or after 5 April 2015  Currently, the Regulations to implement the Shared Parental Leave provisions are draft – may change (final version expected Oct 2014)  New law comes into effect from October - so need policies in place from then 3
  4. 4.  Right to two unpaid periods of leave for fathers to attend ante-natal appointments – from October 2014  Maximum time off 6.5 hours  Protection from detriment in respect of SPL – also in effect from 1 October 2014 4
  5. 5.  STAYS  2 weeks’ compulsory maternity leave, 52 weeks in full  52 weeks adoption leave (from day 1 of employment)  39 weeks statutory maternity/adoption pay (NB adoption pay will be 9/10 earnings for first 6 weeks)  2 weeks statutory paternity pay  18 weeks parental leave  GOES  Additional paternity leave and pay 5
  6. 6.  A period of leave to care for a child, which parents can share  Mother must ‘curtail’ maternity leave first – it ‘replaces’ maternity leave  Up to 52 weeks – minus any mat leave taken  Shared parental pay – up to 37 weeks  Applies in same way to spouses, adopters, civil partners, partners of mothers  Must be employees 6
  7. 7.  Mother takes 10 weeks of leave, then curtails rest of leave  42 weeks left to share between mother and father, to take: ◦ At the same time ◦ Consecutively ◦ With gaps  For a minimum of 1 week at a time 7
  8. 8.  No  Need to have 26 weeks’ service at 15th week before EWC  Need to be an employee  So sometimes, one parent may be eligible and the other not! 8
  9. 9.  Mother must serve a maternity leave curtailment notice  Mother and father must serve two notices at least 8 weeks before their own first period of SPL:  Notice of entitlement and intention to take leave  Period of leave notice 9
  10. 10.  Relatively straightforward – simply notifies of end date of maternity leave  Must be:  After the 2 weeks’ compulsory mat leave  At least 1 weeks before the end of SML  Must give the notice at least 8 weeks prior to the intended date of curtailment  Binding after 8 weeks, so limited right to withdraw or revoke  At same time, she also serves a ‘Notification of Entitlement and Intention to take Leave’ 10
  11. 11.  Mother and father both submit this to their respective workplaces, PLUS a declaration about their partner’s ‘Notification of Entitlement and Intention to take leave’  The notification includes a non-binding indication of when the parent intends to take leave 11
  12. 12.  The names of the mother and father  Start and end dates of any SML taken or to be taken by the mother  Total amount of SPL available  The EWC and the actual date of birth  How much SPL each parent intends to take  Non-binding indication of when parent intends to take the SPL  Declarations from employee and other parent about satisfying qualification criteria and that will inform employer if situation changes 12
  13. 13.  You can ask for the child’s birth certificate  You can ask for the name and address of the other employer  You don’t HAVE to do either of these 13
  14. 14.  In writing  Min 8 weeks before the start of the SLP period  Can be about one or more periods of SPL  The employee can submit a max of 2 variation notices (still with at least 8 weeks’ notice) 14
  15. 15.  Same eligibility as for SPL  Notice at least 8 weeks before beginning of first week, to include:  Number of weeks SPP that each mother and father intend to take  The weeks in which mother or father tend to claim SPP  A declaration that information correct and that will notify employer if situation changes  Other parent also needs to make a declaration, including that consents to first parent’s intended claim for SPP 15
  16. 16.  Duration of employment test  Employment and earnings test 16
  17. 17.  The parent wanting to take leave must:  Have 26 weeks’ service at the 15th week before the EWC; and  Still be with the employer until the week before a period of SPL starts. 17
  18. 18.  Applies to the spouse etc of the person applying for SPL  Must be employed or self-employed for at least 26 of the 66 weeks immediately preceding the EWC; and  Have average weekly earnings of at least £30 in the tax year before the tax year containing the EWC 18
  19. 19.  THE MOTHER  Must satisfy duration of employment test  Main responsibility (alongside father) for care of child  Entitled to statutory mat leave  Has curtailed mat leave or returned to work  Has served appropriate notice (entitlement and intention to take leave notice; period of leave notice)  AND THE FATHER  satisfies employment and earnings test  Main responsibility (alongside mother) for care of child 19
  20. 20.  THE FATHER  Must satisfy duration of employment test  Main responsibility (alongside mother) for care of child  Has served appropriate notice (entitlement and intention to take leave notice; period of leave notice)  AND THE MOTHER  Must satisfy employment and earnings test  Main responsibility (alongside father) for care of child  Is entitled to SML, SMP or SMA in respect of the child  Has curtailed SML or returned to work; or curtailed SMP or SMA 20
  21. 21.  No if continuous  Yes if discontinuous – in which case can either agree, propose alternative dates, or refuse – no obligation to state reasons  But instead – employee could submit 2 variation notices! 21
  22. 22.  Mirrors maternity pay:  6 weeks at 9/10 earnings  33 weeks at lower rate of SPP  If both parents take off 1st 6 weeks, only one gets higher rate pay 22
  23. 23.  Same as maternity leave – benefits continue apart from pay  Right to return – front of queue for suitable alternative employment if redundancy  Same job if SPL is 26 weeks’ or less; same or similar job if >26 weeks 23
  24. 24.  Up to 20 for each employee  In addition to the 10 KIT days on maternity leave  No obligation on either side 24
  25. 25.  How do I know that both parents are not claiming leave and pay at the same time?  How do I get cover for a short period of time? What do I do with discontinuous periods of leave?  What will the Government do to help us administer such a complex system?  Will my employees actually take this up?  What if I enhance maternity leave? Do I need to do the same with SPL?  Can the father be entitled to SPL even if a mother is not entitled to SML (eg coz doesn't satisfy eligibility requirements)  If the mother is self-employed, can the father take SPL? 25

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