leave Jo Broadbent 11 March 2015 Getting to grips with shared - PowerPoint PPT Presentation

Getting to grips with shared parental leave Jo Broadbent 11 March 2015

Getting to grips with shared parental leave • How will shared parental leave operate? • Who is entitled to shared parental leave? • The process for requesting leave • An employer's rights and obligations • Top tips when preparing for and implementing the new right www.hoganlovells.com 2

What is shared parental leave? Promote shared caring Default position – 52 For babies due on or responsibilities and weeks' maternity leave after 5 April 2015 reduced "motherhood for mum penalty" Balance of leave and Mum can bring her pay can be converted maternity leave/ pay to to Shared Parental an end early Leave that either parent can take www.hoganlovells.com 3

How shared leave/ pay is expected to operate (1) Child born Mum – OML (26 weeks) 26 weeks' SMP Dad - Dad – ShPL (26 weeks) OPL 13 weeks' ShPP www.hoganlovells.com 4

How shared leave/ pay is expected to operate (2) Child born Mum – OML/ AML (46 weeks) 39 weeks' SMP Dad – Dad - ShPL (6 OPL weeks) www.hoganlovells.com 5

How shared leave/ pay is expected to operate (3) Child born Mum – OML (26 weeks) Mum – ShPL (15 weeks) 26 weeks' SMP 7 weeks' ShPP Dad - Dad – ShPL Dad – ShPL OPL (6 weeks) (5 weeks) 6 weeks' ShPP www.hoganlovells.com 6

Basic rules applying to shared parental leave Must be Or while taken before someone child's first else on ShPL birthday Can be taken Must be taken while in periods of a someone else complete on maternity week leave Minimum of one week can be taken www.hoganlovells.com 7

Overview of the process Step 1: Establish eligibility Step 2: Bring maternity leave to an end (leave curtailment notice) Step 3A Notice of entitlement and intention to take leave Step 3B: Employer can request evidence (birth certificate/ details of other employer) Step 4: Notice of period of leave www.hoganlovells.com 8

Eligibility – two stage test Shared Shared Work and Work and Length of Length of parental parental earnings earnings employment employment leave/ pay leave/ pay www.hoganlovells.com 9

Partner – the work and earnings test Work: 26 weeks Does employee's employment/ self partner meet "work employment in 66 weeks and earnings" before EWC/ matching criteria? Yes – employee No – employee not may be eligible for eligible for shared shared parental parental leave/ pay leave/ pay Earnings: average weekly If satisfies earnings of £30 over 13 individual test weeks in 66 weeks before EWC/ matching www.hoganlovells.com 10

The "individual" eligibility test – Mum 26 weeks employment at 15 th Has provided any Has given period of week before EWC evidence required by leave notice and remains in that employer employment Main responsibility Given notice of Mum entitled to for child's care with entitlement/ intention Shared Parental father to take leave Leave Curtailed her Entitled to maternity maternity leave/ leave returned to work www.hoganlovells.com 11

The "individual" eligibility test – Dad 26 weeks employment at 15 th Has provided any Has given period of week before EWC evidence required by leave notice and remains in that employer employment Given notice of Dad entitled to Mum entitled to entitlement/ intention Shared Parental SML/ SMP/ MA? to take Leave Mum has curtailed Main responsibility the SML/ SMP/ MA for child's care with period or returned to mother work www.hoganlovells.com 12

Key to accessing system – curtailing maternity leave Mum must give a Declaration that Dad "leave curtailment Notice of entitlement has given notice of notice" to bring and intention to take entitlement and ShPL, or intention to take maternity leave to ShPL an end early plus At least 9 weeks Must be given before child's first birthday www.hoganlovells.com 13

Key to accessing system – curtailing maternity leave • After end of compulsory maternity leave • At least eight weeks after date of curtailment notice; and Leave curtailment notice must specify • At least one week before end of ML when maternity leave will end • Limited right to revoke if curtailment notice given before birth • Or if parents no longer eligible for ShPL Comes into effect after 8 weeks www.hoganlovells.com 14

Mum's notice of entitlement and intention to take *but not a Declarations binding from Mum and Dad notification – merely When Mum intends to Name of Mum indicative take ShPL/ and Dad pay* At least 8 weeks before first How much period of ShPL/ pay Mum's ShPL Start/ end of Mum and Dad SML intend to take Amount of Child's EWC ShPL/ pay and DoB available www.hoganlovells.com 15

Content of declarations • Eligible to take ShPL/ pay Mum's • Information in notice accurate • Notify if no longer eligible for ShPL/ pay • When maternity pay started and period declaration by which pay reduced • Name, address and NI number Dad's • Meets employment and earnings criteria • Consents to Mum taking amount of ShPL/ pay declaration • Notify Mum if no longer eligible for ShPL/ pay www.hoganlovells.com 16

Dad's notice of entitlement and intention to take Declarations *again, from Mum indicative and Dad not binding When Dad intends to Name of Mum take ShPL/ and Dad pay* At least 8 weeks before first How much Start and end period of dates of ShPL/ pay D's ShPL Mum's SML/ Mum and Dad intend to take SMP/ MA Amount of Child's EWC ShPL/ pay and DoB available www.hoganlovells.com 17

Content of declarations • Name, address and NI number • Meets employment and earnings criteria Mum's • Has/ will curtail maternity leave/ pay period • Number of weeks pay period reduced declaration • Consents to Dad taking amount of ShPL/ pay • Notify Dad if no longer eligible for ShPL/ pay • Eligible to take ShPL/ pay • Information in the written notice is accurate Dad's • Child's father or mother's spouse or partner • Notify if no longer eligible for ShPL/ pay declaration www.hoganlovells.com 18

Employer's options – asking for evidence Employer can ask for birth certificate/ employer information Request must be made within 14 days of notice Employee must respond within 14 days of request www.hoganlovells.com 19

Giving notice of period of shared parental leave Start and finish dates At least 8 weeks before start date Can be Can given with request >1 notice of period entitlement www.hoganlovells.com 20

What is employee asking for? Employee is Employee Eg four weeks entitled to take requests single starting on 1 the leave period of leave August requested No right to refuse a request for a continuous period of leave www.hoganlovells.com 21

What is the employee asking for? Employer has a choice • Employee • Accept requests • Refuse • Eg four weeks discontinuous • Negotiate from 3 August period of leave alternative dates • Another period of four weeks from 5 October Right to refuse Discontinuous discontinuous request www.hoganlovells.com 22

Responding to discontinuous requests for leave Agree changed Unable to agree dates dates • Employee can take on • Employee can withdraw those dates notice • Or take single continuous period of leave, from date employee chooses www.hoganlovells.com 23

Responding to discontinuous requests for leave No formal process for considering requests In contrast to flexible working procedures No set list of reasons for refusal Employer has complete flexibility Risk of direct discrimination claims if allow some requests but not others? Or indirect discrimination claims if one sex more likely to request discontinuous leave? www.hoganlovells.com 24

Limits on requests for leave Withdrawn Limit of three notices do not requests for count towards leave limit Requests to Employer can vary generally allow more than do count three requests towards limit www.hoganlovells.com 25

Rights during shared parental leave Up to 20 "SPLIT" days per parent Preferential redeployment rights in event of redundancy Terms and conditions that would have applied – except pay Normal dismissal/ detriment rights www.hoganlovells.com 26

Returning from shared parental leave/ shared parental leave + other statutory leave 26 weeks or less More than 26 weeks Same job Same job Unless not reasonably Same job unless not practicable reasonably practicable if ShPL consecutive with more than four weeks In which case to "ordinary" parental leave suitable alternative www.hoganlovells.com 27

Preparing for shared parental leave Preliminary considerations How many people What do your currently take full Likely take up? demographics look paternity leave like? entitlement? www.hoganlovells.com

The pay proposition Statutory Some Match What's it shared shared existing going to parental parental maternity cost? pay only pay pay offering www.hoganlovells.com

Drafting the policy – key issues Approach to Who's eligible? supplemental evidence Statutory Require scheme or employees to wider? (eg all provide or take employees) it on trust? Do you really need it/ want it? www.hoganlovells.com