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Shared Parental Leave

Employment Law

Tina Ripley our Employment Solicitor explains the new rules with regard to Shared Parental Leave.

The new right to shared parental leave will allow the mother of the child and a second person (father of the child, a person married to the mother, the civil partner of the mother or the partner of the mother) to share up to 50 weeks of the 52 weeks of leave which a mother is entitled to as maternity leave. There are certain conditions which a person will need to fulfil to have the right to shared parental leave.

The new rules come into force on 1 December 2014 and will apply to parents expecting a baby on or after 5 April 2015. The new rules also apply to parents who adopt a child on or after 5 April 2015.

The new rules will enable parents to take leave together or separately. Leave can be taken in one continuous block or in blocks of one week at a time. Employers should be putting in place policies and procedures to deal with this change and ensuring their employees are aware of their new rights.

Employees will have a right not to suffer a detriment or be dismissed for reasons relating to shared parental leave. It is therefore important employers are fully aware of the new rights.

Statutory Shared Parental Pay will be paid at the rate of £138.18 a week or 90% of average weekly earnings, whichever is lower.

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