SHARED pARENTAL lEAVE & pAY
Shared Parental Leave& pAYeLIGIBILITY Checklists
(Adoptive Parents)
February 2018
1
Contents:
Introduction 1
When can adoptive parents take Shared Parental Leave and/or Pay? 2
What if only one adoptive parent is eligible for Shared Parental Leave and/or Pay? 3
Key Tests that adoptive parents need to meet to be eligible for Shared Parental Leave and/or Statutory Shared Parental Pay 3
The ‘Continuity of Employment Test’ 3
The ‘Normal Weekly Earnings Test’ 3
The ‘Work and Earnings Test’ 4
Required Notices and Declarations 4
Evidence which must be provided to the employer on request 5
Eligibility Checklist (Adoptive Parents) - Shared Parental Leave 6
A: Is the Adopter eligible for Shared Parental Leave? 6
B: Is the Adopter’s Partner eligible for Shared Parental Leave? 7
Eligibility Checklist (Adoptive Parents) – Shared Parental Pay 9
A: Is the Adopter eligible for Statutory Shared Adoptive parental Pay? 9
B: Is the Adopter’s Partner eligible for Statutory Shared Parental Pay (ShPP) 10
Introduction
The Eligibility Checklists (Adoptive Parents) are part of a suite of tools which are intended to help adoptive parents understand and access Shared Parental Leave (SPL) and/or Statutory Shared Parental Pay (ShPP) . They are not intended to be a definitive statement of the law but can be used by adoptive parents to check if one or both of them is eligible for SPL and/or ShPP.
If your particular circumstances do not appear to fit with the Eligibility Checklist that applies to you (or the guidance at the front of this document) you should speak to your employer and/or take independent advice.
All of the tools and guidance for adoptive parents who are thinking of taking SPL and/or ShPP can be found at: https://www.gov.uk/guidance/shared-adoptive parental-leave-and-pay-guidance-and-tools-for-adoptive adoptive parents
References in this document to ‘Adoption Leave’; ‘Shared Parental Leave’; ‘Statutory Adoption Pay’; and ‘Statutory Shared Parental Pay’ relate to statutory entitlements to leave and pay. Employers may offer more generous adoption or parental entitlements which are subject to terms and conditions prescribed by the employer in question. If your employer enhances SPL and/or ShPP you should check whether you need to meet any additional conditions to be eligible for the enhanced occupational scheme(s).
Adoptive parents can check if they are eligible for Adoption Leave (AL) and/or Statutory Adoption Pay (SAP) at: https://www.gov.uk/adoption-pay-leave
In the case of joint adoptions where both of the couple are potentially eligible for AL and/or SAP, the adoptive parents need to decide which of them will take the AL and/or claim the SAP that is available. Throughout this document the adoptive parent who will take AL and/or claim SAP is referred to as ‘the Adopter’ and the child’s other adoptive parent[1] is referred to as the ’Adopter’s Partner’.
When can adoptive parents take Shared Parental Leave and/or Pay?
Adoptive parents can only take Shared Parental Leave (SPL) and/or Statutory Shared Parental Pay (ShPP) if:
• One of the adoptive parents (the Adopter) qualifies for Adoption Leave (AL) and/or Statutory Adoption Pay (SAP) and is willing to give up some of their adoption entitlement (i.e. take less than 52 weeks of AL and less than 39 weeks of SAP) to ‘create’ SPL and/or ShPP for one or both of the adoptive parents to take.
• One or both adoptive parents are eligible for SPL and/or ShPP.
• The adoptive parent(s) who wishes to take SPL and/or ShPP has provided certain (stipulated) information in the form of the required notices and declarations to their employer at least 8 weeks before any planned period of SPL/ShPP is due to start.
• The adoptive parent(s) who wishes to take SPL and/or ShPP gives their employer any additional evidence that the employer is legally entitled to request.
Adoptive parents can use this Eligibility Checklists (Adopters) to check if one or both of them is eligible for SPL and/or ShPP. If you are having a baby you should use the Eligibility Checklists (Birth Parents) on Gov.UK.
Adoptive parents can use the Model Notices and Declarations (Adopters) on Gov.UK to give their employer(s) all of the required information, notices and declarations at the same time.
What if both adoptive parents are eligible for Shared Parental Leave and/or Pay?
If both adoptive parents are eligible for Shared Parental Leave (SPL) and/or Statutory Shared Parental Pay (ShPP) they will be able to split (i.e. share) the SPL and/or ShPP that is available between them if they wish and can take the SPL and/or ShPP that is allocated to them in a flexible way (each adoptive parent can take up to 3 blocks of SPL and/or ShPP – more if their employer allows – and can intersperse periods of SPL with periods of work if they wish).
What if only one adoptive parent is eligible for Shared Parental Leave and/or Pay?
If only one adoptive parent is eligible for Shared Parental Leave (SPL) and/or Statutory Shared Parental Pay (ShPP) the adoptive parents will not be able to split (i.e. share) the SPL and/or ShPP that is available between them, but the eligible adoptive parent can still take SPL and/or ShPP if they wish and can take the leave and pay that is allocated to them in a flexible way (i.e. take up to 3 blocks of SPL and/or ShPP – more if their employer allows).
Adopters who plan to return to work after a period of Adoption Leave (AL) may, for example, decide that they would like to have more time off work later on. They can do this using SPL and/or ShPP (provided they meet the eligibility criteria for SPL and/or ShPP).
Key Tests that adoptive parents need to meet to be eligible for Shared Parental Leave and/or Statutory Shared Parental Pay
The ‘Continuity of Employment Test’
The adoptive parent who plans to take Shared Parental Leave (SPL) and/or Statutory Shared Parental Pay (ShPP) must meet the ‘Continuity of Employment Test’. This means that they must have:
(i) Been continuously employed by the same employer for a period of at least 26 weeks ending with the week in which the Adopter was notified of having been matched with a child for adoption; and
(i) Remained in continuous employment with that employer until the week before any period of SPL/ShPP they plan to take.
The ‘Normal Weekly Earnings Test’
In addition to meeting the ‘Continuity of Employment Test’ an adoptive parent who wishes to claim Statutory Shared Parental Pay (ShPP) must have had average gross weekly earnings of not less than the lower earnings limit (£113 a week in 2017-18) over an 8 week period.
The 8 week period will normally end on the employee’s normal pay day in the ‘relevant week’. This is the week in which the Adopter was notified as having been matched for adoption with the child.
The ‘Work and Earnings Test’
For an adoptive parent to take Shared Parental Leave (SPL) and/or Statutory Shared Parental Pay (ShPP) they must meet the ‘‘Continuity of Employment Test’’ and the child’s other adoptive parent (whether the Adopter or Adopter’s Partner) must meet the ‘Work and Earnings Test’.
The ‘Work and Earnings Test’ is a low threshold test which requires an individual to have worked in an employed and/or self-employed capacity for at least 26 weeks in the 66 week period leading up to the week in which the Adopter was notified that they had been matched with the child for adoption, and to have earned, or be treated as having earned, at least £30 a week on average (i.e. £390 in total) over the 13 highest earning weeks in that 66 week period.
The weeks of work and earnings do not need to be consecutive weeks and can be a mixture of earnings from employment and self-employment.
Adoptive parents can use the Quick Date Checker (Adoptive Parents) on Gov.UK to check when the 66 week period covered by the ‘‘Work and Earnings Test’’ starts and ends.
Required Notices and Declarations
At least 8 weeks before they take their first block of Shared Parental Leave (SPL) and/or Statutory Shared Parental Pay (ShPP), an adoptive parent must give their employer:
• ‘Notice of Entitlement and Intention’ – This is written notice to their employer(s) confirming that the adoptive parent is eligible for, and intends to take, SPL and/or ShPP. This will include certain (prescribed) information including a non-binding indication of when the adoptive parent intends to take SPL.
• An ‘Adoption Leave Curtailment Notice’ (Adopters) or confirmation that the Adopter has given this notice to her/his employer (Adopter’s Partner). An ‘Adoption Leave Curtailment Notice’ is written notice to the Adopter’s employer that s/he intends to end her/his Adoption Leave (AL) early (i.e. take less than 52 weeks of AL) to ‘create’ SPL. It is only required if the Adopter has not already ended her/his AL by returning to work.
• An ‘Adoption Pay Curtailment Notice’ (Adopters) or confirmation that the Adopter has given this notice to her/his employer (Adopter’s Partner). An ‘Adoption Pay Curtailment Notice’ is written notice to the Adopter’s employer that s/he will end her/his Statutory Adoption Pay (SAP) early (i.e. take less than 39 weeks of SAP) to ‘create’ ShPP and/or SPL[2]. The Adopter needs to give her/his employer this notice even if s/he has already returned to work.
• Declarations from each of the adoptive parents confirming that they each meet certain (prescribed) conditions. The conditions that an adoptive parent (whether the Adopter or the Adopter’s Partner) has to meet in order to take SPL and/or claim ShPP are different to the conditions that an adoptive parent (whether the Adopter or the Adopter’s Partner) has to meet in order to enable the other adoptive parent to take SPL and/or claim ShPP.
• A binding Period of Leave Notice when they have firmed up the dates that they would like to take SPL - this should set out the start and end dates of each period of SPL (eligible adoptive parents can take up to 3 blocks of SPL and/or ShPP each – more if their employer(s) allows).
Adoptive parents wishing to take SPL and/or claim ShPP can give their employer(s) all of the required information, notices and declarations using the Model Notices and Declarations (Adoptive Parents) on Gov.UK.
Evidence which must be provided to the employer on request
Employers are able to ask for additional evidence (if they wish) within 14 days of them receiving a ‘Notice of Entitlement and Intention’ from their employee (whether the Adopter or the Adopter’s Partner). The information requested must be provided within 14 days of the employer requesting it. Employers can ask for:
• Evidence in the form of one or more documents issued by the adoption agency detailing: the name and address of the adoption agency; the date that the adoptive parent(s) were notified of having been matched with a child; and the date on which the adoption agency expects to place the child with the family.
• The name and address of the other adoptive parent’s employer or confirmation that there is no employer if the other adoptive parent is not employed (e.g. they may be self-employed or unemployed at the time their partner (the employed adoptive parent) responds to the request for additional information).
Note: This checklist can be used by the Adopter and/or the Adopter’s Partner (or separately by both adoptive parents) to check if they are eligible for Shared Parental Leave (SPL). Adoptive parents can check if they are eligible for Statutory Shared Parental Pay (ShPP) using the Eligibility Checklist (Adoptive Parents) – Shared Parental Pay
A: Is the Adopter eligible for Shared Parental Leave?
The Adopter will be eligible for Shared Parental Leave (SPL) if all boxes in this section are ticked or checked electronically.Adopter will share the main responsibility for caring for the child with the child’s other adoptive parent (i.e. the Adopter’s Partner) at the time the child is placed for adoption with the family. / ☐
Adopter qualifies for Adoption Leave (AL) and has:
- Returned to work; or
- Ended her/his AL early by giving her/his employer an ‘Adoption Leave Curtailment Notice’ (i.e. notice to end her/his AL on a specified date of the Adopter’s choice).
Note:
The Adopter cannot reduce the length of her/his AL period to less than 2 weeks. This means that the maximum amount of SPL the Adopter can ‘create’ is 50 weeks (52 weeks of AL minus 2 weeks of AL).
If the Adopter does not qualify for AL s/he will not qualify for SPL herself/himself but the Adopter’s Partner may still be eligible for SPL.
Adopters can use the Model Notices and Declarations (Adoptive Parents) on Gov.UK to give their employer an ‘Adoption Leave Curtailment Notice’. / ☐
Adopter meets the ‘Continuity of Employment Test’. / ☐
Adopter’s Partner meets the ‘Work and Earnings Test’. / ☐
Adopter has given her/his employer ‘Notice of Entitlement and Intention’ (including a non-binding indication of when s/he plans to take SPL) and the Declarations that each of the adoptive parents are required to make).
Note:
Adopters can use the Model Notices and Declarations (Adoptive Parents) on Gov.UK to give their employer ‘Notice of Entitlement and Intention’ (including the non-binding indication of SPL dates) and the required Declarations. / ☐