Document Type: Policy (and supporting procedures)
Document Reference:HR001/15/V1
Policy Owner: Human Resources (HR)
Implementation date: 5thApril 2015
1.0POLICY STATEMENT
1.1This policy sets out the rights and responsibilities of employees who wish to take statutory Shared Parental Leave (SPL) and associated statutory Shared Parental Pay (ShPP) and enhanced occupational ShPP. The policy also provides guidance and the University procedure relating to SPL and ShPP.
2.0WHAT IS SHARED PARENTAL LEAVE?
2.1SPL is a new legal entitlement for eligible parents of babies due, or children placed for adoption, on or after 5 April 2015. It provides both parents with the opportunity to consider the best arrangement to care for their child during the child’s first year.
2.2Parents will remain entitled to take maternity, paternity and adoption leave. However, the eligible mother or primary adopter may now choose to reduce their maternity/adoption leave early and opt in to SPL.
2.3The amount of SPL leave available is calculated using the mother’s or primary adopter’s entitlement to maternity/adoption leave, which allows them to take up to 52 weeks’ leave. If they reduce their maternity/adoption leave entitlement then they and/or their partner may choose to take the remaining weeks as SPL. This means their partner could begin to take SPL while the mother/primary adopter is still on maternity/adoption leave.
2.4SPL enables parents to share the caring responsibilities evenly or have one parent taking the main caring role, depending on their preferences and circumstances. Unlike maternity/adoption leave, eligible employees can request to stop and start their SPL and return to work between periods of leave with each eligible parent able to submit three notices, booking periods of leave.
3.0DEFINITIONS
Curtailment notice: / Where the eligible person brings their maternity/adoption leave and pay allowance to an end early.EWC: / Expected Week of Childbirth
Partner: / The child’s biological father or the partner of the mother / primaryadopter. This can be a spouse, civil partner or partner who is living in an enduring relationship with the mother/primary adopter and the child.
Primary adopter: / The main carer of the adopted child.
Qualifying Week: / The 15th week before the Expected Week of Childbirth.
SPL: / Shared Parental Leave.
ShPP: / Shared Parental Pay.
Enhanced ShPP / Pay that the University pays in addition to statutory pay.
SPLIT day: / Shared Parental Leave in Touch Day.
4.0SCOPE
4.1This policy applies to all Lancaster University employeesregardless of the type of contract they are employed under, provided they have at least 26 weeks continuous employment with the University. It is applicable to parents of babies due to be born and children placed for adoption on or after 5 April 2015.
5.0RESPONSIBILITIES
5.1To ensure appropriate application of this policy, the following responsibilities have been identified.
5.2Employees
Employees are responsible for applying for SPL by completing Form SPL 1 and for providing all relevant notifications, evidence and information set out in this policy and procedure, including:
- Opting in to Shared Parental Leave and Pay
- Ending maternity leave and opting into Shared Parental Leave
- Evidence of entitlement
- Notifying the University of SPL and ShPP dates
- Requesting split periods of SPL
- Changing the dates or cancelling SPL
- Shared Parental Pay (ShPP)
- Returning to work
5.3Head of Department / Manager
HoDs / Managers are responsible for managing the impact of the SPL on the department, and for ensuring that the employee is supported through the process, including:
- Fair and objective assessment of requests for the SPL to be split into more than 1 period.
- Maintaining contact with the employee during their SPL with the aim of keeping the employee informed and ensuring they feel involved.
- Supporting the use of SPLIT days.
5.4Human Resources (HR)
Human Resources isresponsible for:
- Providing advice and guidance to employees (on request) on the operation of this policy and procedure.
- Providing advice and guidance to HoDs / Managers on the operation of this policy and procedure.
- Confirming in writing, authorised SPL and ShPP arrangements.
6.0ELIGIBILITY FOR SHARED PARENTAL LEAVE
6.1SPL can only be used by two people:
- The mother / primary adopter and
- One of the following:
- The father of the child (in the case of birth) or
- The spouse, civil partner or partner of the child’s mother/primary adopter.
6.2To qualify for SPL employees must meet all of the following requirements:
- They must be a primary or secondary carer for the child; AND
- They must have at least 26 weeks continuous employment with the University by the end of the Qualifying Week (ie the 15th week before the Expected Week of Childbirth) or on the date of the adoption placement, and still be employed by the University in the week before the leave is to be taken; AND
- The other parent must have worked (in an employed or self-employed capacity) for at least 26 of the 66 weeks before the Expected Week of Childbirth (EWC) or the date of the adoption and had average weekly earnings of at least £30 during 13 of those weeks (£30 is the current amount set by the government); AND
- The employee and the other parent must give the necessary statutory notices and declarations, including notice to end any maternity or adoption leave, statutory maternity pay or statutory adoption pay or maternity allowance periods.
7.0AMOUNT OF SHARED PARENTAL LEAVE
7.1The minimum amount of SPL is 1 week and the maximum amount of SPL is 50 weeks. The actual amount which can be taken will be 52 weeksless:
- the weeks spent by the child's mother on maternity leave (or the weeks in which the mother has been in receipt of statutory maternity pay or maternity allowance if she is not entitled to maternity leave);OR
- the weeks spent by the adoptive primary carer on adoption leave.
The first 2 weeks of maternity leave or adoption leave cannot be shared. SPL must be taken in multiples of complete weeks.
7.2If the employee is the child's secondary carer, they should consider using 2 weeks' paternity leave before taking SPL. Once the employeehas started SPL they will lose any untaken paternity leave entitlement. SPL entitlement is additional to paternity leave entitlement.
8.0OVERVIEW OF THE PROCESS
9.0PROCEDURE
9.1Opting in to Shared Parental Leave and Pay
9.1.1Employees shall notify the University of their intention to take SPL at least 8 weeks before the date they intend their SPL to start, by completing Form SPL1.
9.2Ending maternity leave and opting into Shared Parental Leave
9.2.1If the employee is the child's mother and they are still on maternity leave, they must provide the University with at least 8 weeks' written notice (a “curtailment notice”) to end their maternity leave before their partner can take SPL by completingForm SPL1.
9.2.2The other parent may commence SPL from their employer before the maternity leave ends, provided the employee has given the curtailment notice inForm SPL1.
9.2.3The curtailment notice is binding and cannot be revoked. The employee can only revoke a curtailment notice if maternity leave has not yet ended and one of the following applies:
- if the employee realises that neither they nor the other parent are in fact eligible for SPL or Shared Parental Pay (ShPP), they can revoke the curtailment notice in writing up to8 weeks after it was given; OR
if the employee gave the curtailment notice before giving birth, they can revoke it in writing up to 8 weeks after it was given, or up to 6 weeks after birth, whichever is later; or if the other parent has died.
9.2.4If the employee is the child's father or the mother's partner, they will only be able to take SPL once the mother has completed one of the following:
returned to work; OR
given her employer a curtailment notice to end her maternity leave; OR
given her employer a curtailment notice to end her statutory maternity pay (if she is entitled to statutory maternity pay but not maternity leave); OR
- given a curtailment notice to the benefits office to end her maternity allowance (if she is not entitled to maternity leave or statutory maternity pay).
9.3Evidence of entitlement
9.3.1The employee must provide a copy of birth certificate or documentary evidence and completed Form SPL1.
9.4Notifying the University of SPL and ShPP dates
9.4.1The employee must submit Form SPL1 at least 8 weeks before the start of their leave.
9.4.2If the employee’s period of leave notice gives dates for a single continuous block of SPL they will be entitled to take the leave set out in the notice.
9.5Requesting split periods of SPL
9.5.1The employee can give up to3period of leave notices, where the SPL is split into shorter periods (of at least a week) with periods of work in between. It is best for the employee to discuss this with their manager and Human Resources before submitting any formal period of leave notices. This will give more time for the request to be considered.
9.5.2The employee must submit a period of leave notice setting out the requested pattern of leave at least 8 weeks before the requested start date, and this will be progressed as follows:
- If it is not possible to agree to the request straight away, there will be a 2 week discussion period.
- At the end of that period, confirmation of any agreed arrangements will be given in writing. If agreement has not been reached, the employee will be entitled to take the full amount of requested SPL as 1 continuous block, starting on the start date given in the notice (for example, if they requested 3 separate periods of 4 weeks each, they will be entitled to a single12 week period of leave).
- Alternatively, the employee may choose a new start date (which must be at least 8 weeks after their original period of leave notice was given), and tell us within 5 days of the end of the 2 week discussion period;
OR
withdraw the period of leave notice within 2 days of the end of the 2 week discussion period (in which case it will not be counted and they may submit a new one if they choose).
9.6Changing the dates or cancelling your SPL
9.6.1The employee can cancel a period of leave or change the dates for a period of leave by notifying in writing at least 8 weeks before the start date in the period of leave notice.
9.6.2The employee does not have to give 8 weeks’ notice,if:
- they are changing the dates of the SPL because their child was born earlier than the expected week of childbirth (EWC);AND
- they wanted to start the SPL a certain length of time (but not more than 8 weeks) after the birth.
In such cases the employee should notify the University in writing of the change as soon as possible.
9.6.3A notice to cancel or change a period of leave will count as 1 of the3 period of leave notices, unless:
- The variation is a result of the child being born earlier or later than the EWC; OR
- The variation is at the request of the University; OR
- It is agreed otherwise.
9.7Shared Parental Pay (ShPP)
9.7.1ShPP of up to 37 weeks (39 weeks less any weeks of statutory maternity pay or adoption pay claimed by the employee or the other parent) may be available.
The employee will need to have at least 26 weeks' continuous employment with the University at the end of the Qualifying Week (ie the 15th week before the Expected Week of Childbirth) or the date of placement for adoption.
Theemployee’s average earnings for the 8 weeks before the Qualifying Week or date of placement for adoption must be at least the Lower earnings Limit for National Insurance (NI), currently £111.00. ShPP is paid at a rate set by the government each year.
9.7.2The levels of payment for employees with 26 weeks continuous employment with the University by the end of the Qualifying Week or on the date of the adoption placement are:
- 37 weeks statutory Shared Parental Pay (£139.58 from 5th April 2015) or 90% of weekly earnings whichever is the lesser amount.
- 13 weeks unpaid leave.
9.7.3The levels of payment for employees with 52 weeks (12 months) continuous employment with the University by the end of the Qualifying Week or on the date of the adoption placement are:
- 16 weeks on full pay
- 21 weekson statutory Shared Parental Pay (£139.58 from 5th April 2015) or 90% of weekly earnings whichever is the lesser amount.
- 13 weeks unpaid leave.
9.7.4Note that: employees must return to work after their SPL for at least 6 months in order to retain the additional occupational benefits (i.e. enhanced ShPP). They are entitled to retain statutory ShPP even when they do not return to work. If employeesdo not either return or return for less than the 6 month period any additional occupational benefits they received will be reclaimed.
9.8Returning to work
9.8.1If the employee wants to end a period of SPL early, they must give the University8 weeks' prior notice of the return date.
9.8.2If the employee wants to extend their SPL,they must submit a new period of leave notice at least 8 weeks before the date they were due to return to work, assuming they still have SPL entitlement remaining and have not already submitted 3period of leave notices. If the employee is unable to request more SPL they may be able to request annual leave or unpaid parental leave.
9.8.3The employee has the right to return to work following SPL (unless a valid termination of the contract has taken place). This will normally be to the same post. Subject to having complied with notification requirements explained above, they are entitled to:
- If returning at or before the end of 26 weeks SPL and maternity, adoption or paternity leave, they are entitled to return to the same job and the same terms and conditions.
- If returning after more than 26 weeks SPL and maternity, adoption or paternity leave, they are entitled to return to the same job unless this is not reasonably practicable, when a suitable and appropriate job may be offered instead on terms and conditions no less favourable.
9.8.4If the employee wants to change their hours or other working arrangements on return from SPL they should make a request under the University’s Flexible Working (including Flexible Retirement) Policy. It is helpful if such requests are made as early as possible.
9.8.5If the employee decides they do not want to return to work they should give notice of resignation in accordance with their contract.
10.0OTHER CONDITIONS OF SERVICE
10.1Annual leave
10.1.1Annual leave will accrue as normal during periods of SPL. An employeecannot take annual leave during SPL periods but, subject to the usual approval arrangements, may take leave accrued at the time immediately before or after SPL.
10.2Pension arrangements
10.2.1Employees will continue to contribute to the Pension Scheme during the paid SPL period, pro-rata to the amount of Shared Parental Pay (ShPP) received.
10.2.2Employees may elect to maintain or suspend their membership of the Pension Scheme during the unpaid SPL period. If they decide to maintain it, they will be required to continue paying contributions based upon their normal earnings. The University will pay its contributions. Employees should notify their intention by completing the Form SPL1.
10.3Salary progression
10.3.1Any increment or pay award due to take effect during the SPL will do so as per normal University policy.
10.4Continuous employment
10.4.1SPL, both paid and unpaid, is counted as continuous employment for the purposes of pension and redundancy rights.
10.5Maintaining contact
10.5.1The manager/Head of Department shall take responsibility for maintaining contact with employees during their SPL with the aim of keeping the individual informed and ensuring they feel involved. This shall include forwarding relevant information and invitations to key meetings and social events. Maintaining contact is distinct from the ‘Shared Parental Leave in Touch’ (SPLIT) days.
10.6Shared Parental Leave in Touch (SPLIT) days
10.6.1Employees may, by agreement with their Head of Department, undertake up to 20 days work, referred to as Shared Parental Leave in Touch (SPLIT) days, during their SPL. SPLIT days may be undertaken at any stage during the SPL period and are in addition to the KIT days provided for under Maternity and Adoption Leave.
10.6.2The type of work undertaken is a matter for agreement between the employeeand the manager/Head of Department. The days may be used for any activity which would ordinarily be classed as work under the employee’s contract, and could be particularly useful in enabling attendance at a conference, training activity, away day, Departmental meeting etc. SPLIT days are optional and can only take place by agreement between both parties.
10.6.3SPLIT days do not extend the SPL periods in any way. For instance, if a SPLIT day occurs during a period of ShPP or unpaid leave no additional payment will be made. Employees will be given time off in lieu (in the form of additional annual leave) for any SPLIT days worked.
10.6.4To record agreed SPLIT days, please use Form SPLIT days.
10.7Family friendly provisions you may be interested in include:
10.7.1The University will consider all requests for flexible working. Please refer to the University’sFlexible Working (including Flexible Retirement) Policy and procedure.
10.7.2The Lancaster University Pre-School Centre has an excellent reputation as one of the leading childcare establishments in the area and offers salary sacrifice arrangements for employee fees. Apply as early as possible for a place.
10.7.3There is a range of additional information available on the Human Resources website at:
11.0REVIEW
11.1This policy does not form part of any employee’s contract of employment and will be kept under regular review and may be amended or withdrawn to reflect changes in legislation or changing University requirements.
12.0SUPPORTING DOCUMENTATION
- Form SPL1 – Shared Parental Leave
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