This is currently the subject of ongoing litigation, with the joined appeal of Ali v Capita Customer Management and Hextall v Chief Constable of Leicester Police due to be heard in the Court of Appeal on 1 May 2019. View our privacy policy, cookie policy and supported browsers. For now there is at least a risk that refusing to enhance shared parental pay to match enhanced maternity pay could be subject to challenge. An individual will meet the continuity of employment test if they have worked for the same employer for at least 26 weeks by the end of the 15th week before the child’s expected due date and continue to do so at the start of each SPL period taken. The starting point is that those eligible for shared parental pay are entitled to share up to 39 weeks of shared parental pay, less any weeks of statutory maternity pay which have already been taken. Colin Godfrey provides a refresh of how shared parental leave and pay works and looks at how some employers are trying to stop the scheme being a flop. The Act, and Regulations made under it, will enable mothers to commit to ending their maternity leave and pay at a future date, and share the untaken balance of leave and pay as shared parental leave with their partner. SPL was introduced in April 2015 as a way to give fathers more time to bond with their babies, and to ease expectations on mothers. Moreover, as SPL works by allowing an expectant mother to curtail her maternity leave, pay or allowance, many mothers face giving up potentially valuable enhanced maternity pay which may not be matched by the benefits each parent receives during SPL. They are not intended either as a substitute for professional advice or judgment or to provide legal or other advice with respect to particular circumstances. (2) The provisions relating to shared parental leave in Part 3 have effect only in relation to children placed for adoption on or after 5th April 2… © 2011 - 2020 DVV Media International Limited. HR Systems Recruitment & Resourcing Employee Benefits Live, • Occupational Health & Wellbeing Since 5 April 2015, the Work and Families (Northern Ireland) Act 2015 introduced shared parental leave (SPL) and statutory shared parental pay (ShPP) to Northern Ireland. There is however a currently unresolved legal question as to whether an employer that enhances maternity pay would be discriminatory by not similarly enhancing shared parental pay – the argument being that failing to match the benefits is directly or indirectly discriminatory against men. Employment law manual > Family-friendly rights > Pregnancy and maternity leave > Future developments provides further information on shared parental leave. With reports citing that only 1% of those eligible took a period of shared parental leave in 2018 it is easy to overlook the potential value that SPL can offer. If an employee is eligible, they must opt in to the SPL scheme by notifying their employer of their entitlement and intention to take SPL at least eight weeks before the proposed period of leave. OH&W subscription terms. Advertising specifications Change Management The right to return to the same job will be maintained for employees returning from any period of shared parental leave that totals 26 weeks or less when added to any other periods of maternity, paternity, adoption or shared parental leave taken in relation to the child. Employee Benefits Connect Shared parental leave (SPL) was introduced in 2015 to allow both parents to share the 52 weeks of leave available after the birth of a child. If discontinuous periods of leave are requested, an employer has two weeks to propose alternatives, accept or reject the request. 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