HR Update - Understanding shared leave
Karen Faux
Monday, January 13, 2014
Jacqui Mann takes a look at proposals the Government is expected to introduce to shared parental leave in 2015.
The new system will enable mothers to share 50 weeks of their 52 weeks maternity leave and 37 weeks of their 39 weeks statutory maternity pay with their partner. If a mother does not opt into the system, she will still be entitled to maternity leave and pay on the current system.
The key proposals:
- The shared leave applies to those with a working partner as long as both of them meet the qualifying conditions.
- Both parents will have to notify their employers of their intention to opt in to the shared parental leave scheme. They will need to provide their name and national insurance numbers.
- The mother and partner can take their leave together or take it in succession.
- Employees will be required to provide a non-binding indication of their expected pattern of leave when they initially notify their employers that they intend to take shared parental leave.
- The mother will have to give notice to end her maternity leave before starting the shared parental leave.
- The mother will be expected to give at least eight weeks notice to end her maternity leave (in order to start shared parental leave). The notice is binding and can be given before or after the birth.
- Both employees must give the employer eight weeks' notice before the start of shared leave. This eight weeks includes a two-week discussion period.
- If the mother gives notice of her intention to end maternity leave before the birth she will be able to revoke that notice up to six weeks after the birth.
- The number of times an employee can notify an employer of a period of leave will be capped at three. Changes that are mutually agreed between employer and employee do not count towards this cap.
- Each parent can have up to 20 'Keeping in touch' (KIT) days during shared parental leave. This is in addition to the ten days allowed during maternity and adoption leave.
- Employees who have taken shared parental leave will have the right to return to the same job if the total leave taken is 26 weeks or less in aggregate, even if the leave is taken in discontinuous blocks.
Jacqui Mann is managing director of HR4 Nurseries www.hr4nurseries.co.uk.
