All the support and advice you need, wherever you need it. Employers should also consider the impact SPL may have on their organisation (especially requests for discontinuous leave) and whether they’ll offer enhanced ShPP (see the end of this article). does your or your partner’s employer offer enhanced contractual maternity pay, paternity pay or shared parental pay? Once notice to take a period of leave has been given, employees can change the requested leave a maximum of two times unless the employee/employer agrees otherwise. If your employer took on cover while you were on leave, your employer must allow you to return to your old job. Publications, video & audio and much more. The Tribunal found this was discriminatory. Did you get the information you need from this page? For more information see Pregnancy discrimination and Discrimination during maternity leave and on return to work. A mother with a partner who is entitled to maternity/adoption leave or to statutory maternity/adoption pay or maternity allowance who ‘curtails’ (see below) her maternity/adoption leave and whose baby was born/adopted on or after 5. If you like, you can tell us more about what was useful on this page. If an employees employment comes to an end while they are still entitled to ShPP, any remaining entitlement will usually be payable by the employer – unless the employee starts working elsewhere. If employers do not offer enhanced SPL/Pay (but they offer enhanced Maternity Pay/Leave) they should document why SPL isn’t going to be enhanced, when their maternity pay is; cost alone may not be a sufficient defence in front of a Tribunal. Remember: a couple have 50 weeks SPL and 37 weeks ShPP to share between them in the year after the birth. It’s usual to pay an employee the rate they would normally receive and of course it must at least be the National Minimum wage). If you are off sick during the maternity pay period, you will go back on to SMP/Maternity Allowance if you are absent from work. The amount of SPL and ShPP available to you and/or your partner is calculated from the date of return to work i.e. Yes, the Shared Parental Leave Regulations 2014, reg. Your partner can still take their SPL/ShPP as planned or s/he can give notice to change the dates of their leave. If the father/partner is self-employed s/he will not be able to take SPL/ShPP. Our registered office is: Telecom House, 125-135 Preston Road, Brighton BN1 6AF. You have not yet returned to work and it is discovered in the eight weeks since you gave notice that neither you nor your partner are entitled to SPL, or, you gave notice before the birth and withdraw it within six weeks of the, you gave notice before the birth and you withdraw your notice within six weeks of the. Although that consultation closed last year and there has been no further word from the current government, it looks like any future changes to these rights will be driven by the politicians rather than the courts. If your employer is unable to pay, is insolvent or refuses to pay you should contact the Statutory Payment Disputes Team on 0300 322 9422, see Where to go for more help. Your employer may also ask for a copy of your child’s birth certificate (or a declaration stating the date and place of birth if no birth certificate is available). For example, if you and your partner want to spend the first six weeks at home together looking after your new baby, the mother can stay on maternity leave and her partner can take SPL or you can both take SPL together. In this case, a tribunal ruled that an employer failing to enhance pay for Shared Parental Leave to the same level as enhanced Maternity Pay, was direct sex discrimination. the father/partner, both parents will need to meet the qualifying tests (see below). For more information on Universal Credit, see: www.gov.uk/universal-credit, For an online benefits calculator, see www.betteroffcalculator.co.uk. In the employment tribunal case Snell v Network Rail Infrastructure Ltd (Case no. This notice is generally binding on the employee so cannot be withdrawn (except where it transpires that neither parent qualifies for SPL or ShPP; or when notice was given before the birth, it may be withdrawn without a reason up to six weeks’ after the birth; or where the mother’s partner dies). Do I have to give up some of my Maternity Allowance? Crunch Free | We love our accounting software. It can also not be seen as specific advice for individual cases. Your employer can ask you to repay any enhanced shared parental pay (not the ShPP element of £151.20 per week) if you do not return to work for a specified period after the end of your leave e.g. Note: you must agree in advance with your employer the rate of pay for any SPLIT days and whether it will be paid in addition to any ShPP or whether the ShPP will be offset against your pay. All employers can claim back 92% of ShPP (103% for small employers) from HM Revenue and Customs. Your employer should continue to pay ShPP as if you were still at work. the date your maternity leave ended. The mother can stay on maternity leave/SMP if she wishes or she can curtail (reduce) her maternity leave/SMP to create SPL/ShPP for her or the father/ partner to take. See below for where to go for more help. A mother on MA cannot qualify for ShPP, but if you are employed you can curtail your maternity leave to create shared parental leave but it is very important that you do not curtail your Maternity Allowance if you want to be able to claim it during a period of shared parental leave. Employers’ contributions to a pension scheme need to continue through the period of paid leave. The parent who is taking SPL/ShPP must be employed up to the start of the week in which the SPL/ShPP starts. A notice for discontinuous leave that has been withdrawn before it is agreed does not count towards the maximum of three requests for leave that you can make. Both parents can choose to share parental leave if the mother stops her. This in turn will depend on salaries and how much organisations pay employees taking maternity leave and SPL. Great reasons to register with NHS Employers, Changes to enhanced shared parental leave and child bereavement leave, Very senior managers - SpHAs, ambulance trusts, Diversity and Inclusion Partners Programme, section 15 of the NHS terms and conditions of service, Parental Bereavement (Leave and Pay) Act 2018. currently on shared parental leave (this will be to notify them that if eligible, their level of pay will increase from 1 April 2019). and Colleges work. If her partner wants to take his 8 weeks SPL/ShPP when she returns to work he will need to give his employer at least 8 weeks’ notice to start his SPL/ShPP 4 weeks earlier than previously planned.

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