meet the work and earnings criteria - these are different depending on which one of you wants to … One of the couple can therefore take adoption leave and the other paternity leave, provided they meet all the conditions. Paternity leave must be taken before SPL; if SPL is taken by an employee, they cannot then take paternity leave. The Shared Parental Leave Regulations 2014 were published on 18th November 2014. If you receive a Wellcome studentship stipend, we expect your organisation to provide you with the same leave and pay entitlements as an employee. Advertising specifications If you wish to break up your leave, it is advisable to talk to your employer about this as soon as possible. Up to 3 booking notices can be used. When deciding whether to take advantage of SPL, it’s important to remember that it needs to be a joint decision. Wellcome will normally abide by the terms and conditions of your employing organisation for maternity, paternity, adoption, shared parental leave and pay. Your shared parental leave policy on adoptions should explain that the primary adopter can choose to curtail adoption leave to take shared parental leave with his or her partner. Do you want to take some time off whilst your partner returns to work? Employers should offer in their shared parental leave policy either the statutory minimum shared parental pay or contractual shared parental pay. Apart from the main conditions above, you also need to give notice, which we’ll come onto later. Being an ‘employed earner’ means that there is someone who is liable to pay Class 1 national insurance, or would be liable if you earned enough – you don’t have to be employed. shared parental leave policy to cover birth situations, their rules on shared parental leave in adoption situations, Model shared parental leave policy (adoption): the right of adopters to shared parental leave, Model shared parental leave policy (adoption): definitions under your shared parental leave policy. Employee Benefits Connect Model shared parental leave policy (adoption): how much shared parental pay is available. A maximum of three period of leave notices (or variations of notice) per pregnancy, whether for continuous or discontinuous periods of leave, can be submitted by each parent. For adopters to be eligible to take shared parental leave, both adopters have to meet a series of detailed eligibility requirements. Dads and partners, including same sex partners, can spend more time with their children, and this can be at the same time as the mother (or primary adopter) or at different times. Secondly, a “notice of entitlement and intention” from the employee giving an initial, non-binding indication of each period of shared parental leave that the employee is requesting. The 90 per cent of average earnings rule may mean that, in some cases, your partner’s statutory payment would be less or more than yours; think about exactly how much you will each receive during time off. HR Consultant We use this information to make the website work as well as possible and improve government services. Contact us Working Families provide more guidance on employment status on our website, but you may need to seek advice. You must be employed to take Shared Parental Leave. To get Statutory Shared Parental Pay (ShPP), as well as the conditions above, you must earn at least £112 a week in the calculation period (the 8 weeks up to and including the 15, M is entitled to statutory maternity leave, M has worked for the same employer for 26 weeks at the end of the 15. If either of you is a ‘worker’, you can share ShPP but not SPL. This gives couples who both qualify for SPL the option to share leave after the first two weeks, in the same way as other parents. We’ll send you a link to a feedback form. Your policy should explain who counts as the “adopter” and who counts as the “partner” in instances where couples are jointly adopting a child. Email Newsletters The first two weeks of maternity and adoption leave are compulsory – you can’t curtail leave sooner than this (compulsory maternity leave is four weeks for factory workers). For example, if an employee returns to work for 12 weeks and her partner is not on SPL during that period, the time they have left in which to take the SPL available to both of them is reduced by 12 weeks. Change Management OH&W subscription terms. They also need to have average earnings of at least £30 a week in at least 13 of those weeks. HR Shared Services Cookies policy Curtailment means giving binding notice to stop these payments early (either to the employer, or, for Maternity Allowance, to Jobcentre Plus). A partner means someone who is: Some people are excluded from the definition of partner – regardless of need, a mother can’t share or transfer SPL to her child, parent, grandchild, grandparent, sibling, aunt, uncle, niece or nephew. The three types of notice are similar to the notices that birth parents must provide. You’ve accepted all cookies. Remember that the first 6 weeks of SMP and SAP are higher than ShPP, so it usually won’t make sense to lose those weeks. In the case of a birth child, SPL can be taken either by the father of the child or by a partner (but not by both). ShPP is 90 per cent of average earnings or £139.58, whichever is less. Performance & Engagement If you usually earn an average of £120 or more a week each, and you only earned less in some weeks because you were paid but not working (‘on furlough’) under the Coronavirus Job Retention Scheme, you may still be eligible. Form for an adopter to curtail his or her adoption leave to take shared parental leave, Form for an adopter to provide a notice of entitlement and intention to take shared parental leave, Form for an adopter’s partner to provide a notice of entitlement and intention to take shared parental leave, Form for an employee adopting a child to provide a period of leave notice to take shared parental leave. The wording of an employer’s policy on shared parental leave for adoptive parents is further complicated by the distinction between the adoption of children from within the UK and adoptions from overseas. Many employers will now have their shared parental leave policy to cover birth situations in place. You must have worked for the same employer since before the pregnancy began, and right up to the first period of SPL. The adopter’s partner must have been employed or been a self-employed earner in at least 26 of the 66 weeks immediately preceding the week in which the adopter is notified of having been matched for adoption with the child (or the week in which the child enters Great Britain in relation to an adoption from overseas). Where a couple are adopting jointly, and both are employed, one of them must decide to be the main adopter for the purposes of adoption leave. As a result, many agency workers will meet the conditions for ShPP (having worked for the agency throughout the pregnancy/up to the matching date and beyond, earning at least £112 a week in the calculation period), but will not be entitled to maternity leave, adoption leave, paternity leave or indeed shared parental leave. SPL one year on – reasons to be cheerful? Self-employed dads and partners still have no rights to paid time off – but do check what it means to be an ‘employed earner’ for Statutory Shared Parental Pay (see below). The shared parental leave policy should provide that, if the employee submits a period of leave notice requesting one continuous period of leave, they will be entitled to take that period of leave. We will supplement your grant by the actual costs your employing organisation incurs paying your salary … P has, at the date of the birth, shared responsibility for the baby with M. The required notice, declarations and evidence are provided by M and P. The partner of the adopter and lives with her/him and the child in an ‘enduring family relationship’ (with the same exclusions of family members who cannot also be partners). Talent Management Model shared parental leave policy (adoption): notice requirements for shared parental leave, Model shared parental leave policy (adoption): continuous period of shared parental leave, Model shared parental leave policy (adoption): discontinuous periods of shared parental leave. Taking time off together is possible with SPL. The work can be employed or self-employed, full-time or part-time, or a mixture, and does not have to be continuous. Workforce Planning, • About Personnel Today Employment Law For example, the adopter must have at least 26 weeks’ continuous employment by the end of the week in which he or she is notified of having been matched for adoption with the child (or by the end of the week in which he/she receives official notification in relation to an adoption from overseas). For adoptions from overseas, adopters first receive “official notification” of the adoption and the important milestone is when the child enters Great Britain. You can change your cookie settings at any time. As with birth situations, shared parental leave is available to employees having a child placed for adoption with them. After the first 2 weeks of adoption leave, if the couple want to share the rest of the leave they can do so, subject to meeting the same conditions as for other parents (they would need to have given notice in advance, see below). Check whether either employer (if both parents are entitled) is offering more than ShPP. Features list 2020 OH&W subscriptions The rules are similar to a birth situation, but there are several important differences. Statutory Adoption Pay is paid at 90 per cent of average earnings for the first six weeks (from 5 April 2015), Statutory Paternity Pay remains capped at £139.58 a week (check whether an employer pays more). Shared Parental Leave (SPL) represents a real change to how employed dads, adopters and partners can share childcare responsibilities in the first year of a child’s life. The Personnel Today Awards Unfortunately, not all working parents will be entitled to Shared Parental Leave. The parent who wants to take the leave and pay must: If the parent who wants to take the leave and pay is a ‘worker’, they can get ShPP but not SPL. AND the mother/adopter must be entitled to Statutory Maternity Pay (SMP), Maternity Allowance (MA) or Statutory Adoption Pay (SAP), which they end early to create some ShPP. The mother of the baby/adopter of the child must meet the ‘employment and earnings’ condition. This may be useful so that you share time with your new child, your partner will be earning and you will (if you meet the conditions) get ShPP. Eventually this could make a real difference to family lives and attitudes in the workplace. We set out eight steps for HR professionals to follow when setting out their rules on shared parental leave in adoption situations. The second step is to give notice of intention and entitlement to the employer (to both employers if both parents intend to take SPL), followed by booking notices which confirm actual dates when SPL will be taken. If the employee submits a period of leave notice requesting discontinuous leave, the employer can consent to the leave. To be eligible for Shared Parental Leave (SPL) and Statutory Shared Parental Pay (ShPP), both adoptive parents must: The eligibility criteria are different if you’re birth parents. It probably doesn’t make sense for most parents to sacrifice any of the first 6 weeks of SMP or Statutory Adoption Pay. Any Statutory Shared Parental Pay is created by the curtailment of Statutory Maternity Pay, Statutory Adoption Pay or Maternity Allowance. Its purpose is the sharing of knowledge and best practice on Shared Parental Leave. You and your partner can decide how to share this in the same way as other parents. There is a two week period of compulsory adoption leave. The policy can also set out how shared parental leave can be taken – for example, that the leave must be taken in blocks of at least one week.
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