2.9 Shared Parental Leave and Pay
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<strong>2.9</strong> <strong>Shared</strong> <strong>Parental</strong> <strong>Leave</strong> <strong>and</strong> <strong>Pay</strong><br />
<strong>2.9</strong>.1 General<br />
i<br />
ii<br />
iii<br />
iv<br />
<strong>Shared</strong> <strong>Parental</strong> <strong>Leave</strong> is a form of <strong>Leave</strong> available to working parents following<br />
the birth of a child. It applies in respect of children who are expected to be<br />
born on or after 5 April 2015.<br />
All employees are able to benefit from <strong>Shared</strong> <strong>Parental</strong> <strong>Leave</strong> irrespective of<br />
service.<br />
This <strong>Leave</strong> is currently for a period of 52 weeks, part of which (39 weeks) may<br />
be paid subject to the employee meeting certain qualification requirements.<br />
Full details of the current qualifying periods <strong>and</strong> payment rates will be in line<br />
with current legislation. The details of this entitlement will be included in<br />
correspondence employees will receive on notifying the Company that they<br />
request <strong>Shared</strong> <strong>Parental</strong> <strong>Leave</strong>.<br />
Rules relating to <strong>Shared</strong> <strong>Parental</strong> <strong>Leave</strong> outside of the scope of this policy will<br />
be in line with current legislation.<br />
<strong>2.9</strong>.2 Opting in to <strong>Shared</strong><br />
<strong>Parental</strong> <strong>Leave</strong> <strong>and</strong> <strong>Pay</strong><br />
i<br />
ii<br />
iii<br />
The total amount of <strong>Shared</strong> <strong>Parental</strong> <strong>Leave</strong> available is 52 weeks, less the<br />
weeks spent by the child's mother on maternity leave<br />
The mother cannot start <strong>Shared</strong> <strong>Parental</strong> <strong>Leave</strong> until after the compulsory<br />
Maternity <strong>Leave</strong> period, which lasts until two weeks after birth.<br />
The child's father or the mother's partner <strong>and</strong> should consider using the two<br />
weeks' Paternity <strong>Leave</strong> before taking <strong>Shared</strong> <strong>Parental</strong> <strong>Leave</strong>. Once <strong>Shared</strong><br />
<strong>Parental</strong> <strong>Leave</strong> starts the employee will lose any untaken Paternity <strong>Leave</strong><br />
entitlement. <strong>Shared</strong> <strong>Parental</strong> <strong>Leave</strong> entitlement is additional to Paternity <strong>Leave</strong><br />
entitlement.<br />
<strong>2.9</strong>.3 Ending Maternity<br />
<strong>Leave</strong><br />
i<br />
Not less than eight weeks before the date the employee intends the<br />
<strong>Shared</strong>
<strong>Parental</strong> <strong>Leave</strong> to start, they must give a written opt-in notice giving:<br />
• their name <strong>and</strong> the name of the other parent;<br />
• if they are the child's mother, the start <strong>and</strong> end dates of the maternity<br />
leave;<br />
• if they are the child's father or the mother's partner, the start <strong>and</strong> end<br />
dates of the mother's maternity leave;<br />
• the total <strong>Shared</strong> <strong>Parental</strong> <strong>Leave</strong> available, which is 52 weeks minus the<br />
number of weeks' maternity leave taken or to be taken;<br />
• how much of that will be allocated to the employee <strong>and</strong> how much to<br />
the other parent. (The employee can change the allocation by giving a<br />
further written notice, <strong>and</strong> providing they have not used their full<br />
allocation);<br />
• if they are claiming Statutory <strong>Shared</strong> <strong>Parental</strong> <strong>Pay</strong>, the total Statutory<br />
<strong>Shared</strong> <strong>Parental</strong> <strong>Pay</strong> available, which is 39 weeks minus the number of<br />
weeks of the Statutory Maternity <strong>Pay</strong> period taken or to be taken;<br />
• how much of that will be allocated to the employee <strong>and</strong> how much to<br />
the other parent. (The employee can change the allocation by giving a<br />
further written notice, <strong>and</strong> providing they have not used their full<br />
allocation);<br />
• an indication of the pattern of leave that the employee is thinking of<br />
taking, including suggested start <strong>and</strong> end dates for each period of<br />
<strong>Leave</strong>. This indication will not be binding at this stage, but should give<br />
as much information as the employee can about their future<br />
intentions; <strong>and</strong><br />
• declarations by the employee <strong>and</strong> the other parent that they meet the<br />
statutory conditions for entitlement to <strong>Shared</strong> <strong>Parental</strong> <strong>Leave</strong> <strong>and</strong><br />
Statutory <strong>Shared</strong> <strong>Parental</strong> <strong>Pay</strong> .<br />
ii<br />
iii<br />
If the employee is the child's mother <strong>and</strong> is still on Maternity <strong>Leave</strong>, they must<br />
give at least eight weeks' written notice to end their Maternity <strong>Leave</strong> (a<br />
curtailment notice) before they can take <strong>Shared</strong> <strong>Parental</strong> <strong>Leave</strong>. The notice<br />
must state the date Maternity <strong>Leave</strong> will end. The employee can give the<br />
notice before or after they give birth, but they cannot end the Maternity <strong>Leave</strong><br />
until at least two weeks after birth.<br />
Employees must also give, at the same time as the curtailment notice, a notice
to opt into the <strong>Shared</strong> <strong>Parental</strong> <strong>Leave</strong> Scheme or a written declaration that the<br />
child's father or employees partner has given his or her employer an opt-in<br />
notice <strong>and</strong> that they have given the necessary declarations in that notice.<br />
iv The other parent may be eligible to take <strong>Shared</strong> <strong>Parental</strong> <strong>Leave</strong> from their<br />
employer before the employee’s Maternity <strong>Leave</strong> ends, provided they have<br />
given the curtailment notice.<br />
v The curtailment notice is usually binding <strong>and</strong> cannot be revoked. Employees<br />
can only revoke a curtailment notice if maternity leave has not yet ended <strong>and</strong><br />
one of the following applies:-<br />
• the employee realises that neither they nor the other parent are in fact<br />
eligible for <strong>Shared</strong> parental <strong>Leave</strong> or Statutory <strong>Shared</strong> <strong>Parental</strong> <strong>Pay</strong>,<br />
they can revoke the curtailment notice in writing up to eight weeks<br />
after it was given;<br />
• if the employee gave the curtailment notice before giving birth, they<br />
can revoke it in writing up to eight weeks after it was given, or up to six<br />
weeks after birth, whichever is later; or<br />
• if the other parent has died.<br />
vi Once an employee has revoked a curtailment notice they cannot submit a<br />
second curtailment notice, unless the revocation was given in the<br />
circumstances in point i above.<br />
If the employee is the child's father or the mother's partner, they will only be<br />
able to take <strong>Shared</strong> parental <strong>Leave</strong> once the mother has either:-<br />
• returned to work or;<br />
• given her employer a curtailment notice to end her maternity leave.<br />
<strong>2.9</strong>.4 Evidence of<br />
Entitlement<br />
i<br />
Employees provide on request:-<br />
• A copy of the birth certificate (or if the employee has not yet obtained<br />
a birth certificate, a signed declaration of the child's date <strong>and</strong> place of<br />
birth) <strong>and</strong>;<br />
• The name <strong>and</strong> address of the other parent's employer (or a declaration<br />
that they have no employer).
<strong>2.9</strong>.5 Notification of<br />
<strong>Shared</strong> <strong>Parental</strong> <strong>Leave</strong><br />
Dates<br />
• Having opted into the <strong>Shared</strong> <strong>Parental</strong> <strong>Leave</strong> system employees will need to<br />
give a period of <strong>Leave</strong> notice identifying the start <strong>and</strong> end dates of the <strong>Leave</strong>.<br />
This can be given at the same time as the opt-in notice, or it can be given later,<br />
as long as it is given at least eight weeks before the start of the <strong>Leave</strong>.<br />
Employees must also state in their period of <strong>Leave</strong> notice the dates on which<br />
they intend to claim <strong>Shared</strong> <strong>Parental</strong> <strong>Pay</strong>, if applicable.<br />
• If a period of <strong>Leave</strong> notice gives dates for a single continuous block of <strong>Shared</strong><br />
<strong>Parental</strong> <strong>Leave</strong> the employee will be entitled to take the <strong>Leave</strong> set out in the<br />
notice.<br />
• Employees can give up to three period of <strong>Leave</strong> notices. This may enable them<br />
to take up to three separate blocks of <strong>Shared</strong> <strong>Parental</strong> <strong>Leave</strong>.<br />
<strong>2.9</strong>.6 Requesting Split<br />
<strong>Shared</strong> <strong>Parental</strong> <strong>Leave</strong><br />
i In general, a period of <strong>Leave</strong> notice should set out a single continuous block of<br />
<strong>Leave</strong>. CTL Seal may, in some cases, be willing to consider a period of <strong>Leave</strong><br />
notice where the <strong>Shared</strong> <strong>Parental</strong> <strong>Leave</strong> is split into shorter periods (of at least<br />
a week) with periods of work in between. This should be discussed with the<br />
employees Manager in advance of submitting any formal period of <strong>Leave</strong><br />
notices. This will give more time to consider the request <strong>and</strong> hopefully agree a<br />
pattern of <strong>Leave</strong> from the start.<br />
ii Employees must submit a period of <strong>Leave</strong> notice setting out the requested<br />
pattern of <strong>Leave</strong> at least eight weeks before the requested start date. If the<br />
Company are unable to agree to the request straight away, there will be a twoweek<br />
discussion period. At the end of that period, the Company will confirm<br />
any agreed arrangements in writing. If both parties have not reached an<br />
agreement, the employee will be entitled to take the full amount of requested<br />
<strong>Shared</strong> <strong>Parental</strong> <strong>Leave</strong> as one continuous block, starting on the start date given<br />
in the notice (for example, if the employee requested three separate periods<br />
of four weeks each, they will be entitled to one 12-week period of leave).<br />
iii Alternatively, the employee may:<br />
• choose a new start date (which must be at least eight weeks after the<br />
original period of leave notice was given), <strong>and</strong> tell CTL Seal within five<br />
days of the end of the two-week discussion period or;<br />
• withdraw the period of leave notice within two days of the end of the
two-week discussion period (in which case it will not be counted <strong>and</strong><br />
they may submit a new one if they choose).<br />
<strong>2.9</strong>.7 Changing the Dates<br />
or Cancelling <strong>Shared</strong><br />
<strong>Parental</strong> <strong>Leave</strong><br />
i<br />
ii<br />
iii<br />
iv<br />
Employees can cancel a period of leave by notifying the Company in writing at<br />
least eight weeks before the start date in the period of leave notice.<br />
Employees can change the dates for a period of leave by giving the Company at<br />
least eight weeks' notice before the original start date <strong>and</strong> the new start date.<br />
Employees do not need to give eight weeks' notice if they are changing the<br />
dates of their <strong>Shared</strong> <strong>Parental</strong> <strong>Leave</strong> because their child has been born earlier<br />
than expected, where they wanted to start their <strong>Shared</strong> <strong>Parental</strong> <strong>Leave</strong> a<br />
certain length of time (but not more than eight weeks) after birth. In such<br />
cases employees should notify CTL Seal in writing of the change as soon as they<br />
can.<br />
A notice to cancel or change a period of leave will count as one of the three<br />
period of leave notices, unless:-<br />
• the variation is a result of the child being born earlier or later than<br />
expected;<br />
• the variation is at the Company’s request or;<br />
• the Company agrees otherwise.<br />
<strong>2.9</strong>.8 <strong>Shared</strong> <strong>Parental</strong><br />
<strong>Pay</strong><br />
i<br />
<strong>Shared</strong> <strong>Parental</strong> <strong>Pay</strong> of up to 39 weeks (less any weeks of Maternity <strong>Pay</strong> or<br />
Adoption <strong>Pay</strong> claimed by the employee or the other parent) may be available<br />
provided they meet the qualification criteria. Details of this will be outlined in<br />
the correspondence issued to the employee.<br />
<strong>2.9</strong>.9 Other Terms<br />
i<br />
An employee’s terms <strong>and</strong> conditions of employment remain in force during<br />
<strong>Shared</strong> <strong>Parental</strong> <strong>Leave</strong>, except for the terms relating to pay.
ii Annual leave entitlement will continue to accrue. Where <strong>Shared</strong> <strong>Parental</strong> <strong>Leave</strong><br />
will continue into the next holiday year, any holiday entitlement that cannot<br />
reasonably be taken before starting the leave can be carried over <strong>and</strong> must be<br />
taken immediately before returning to work unless the Managing Director<br />
agrees otherwise.<br />
<strong>2.9</strong>.10 Keeping in Touch<br />
i CTL Seal may make reasonable contact with an employee from time to time<br />
during <strong>Shared</strong> <strong>Parental</strong> <strong>Leave</strong> although this will be kept to a minimum. This<br />
may include contacting the employee to discuss arrangements for the return<br />
to work.<br />
ii Employees may ask or be asked to work (including attending training) on<br />
"keeping in touch" days during their <strong>Shared</strong> <strong>Parental</strong> <strong>Leave</strong>. This is in addition<br />
to any “keeping in touch” days that may have taken during Maternity <strong>Leave</strong>.<br />
“Keeping in touch” days are not compulsory <strong>and</strong> must be discussed <strong>and</strong> agreed<br />
with the employees Manager.<br />
iii Employees will be paid at normal basic rate of pay for time spent working on a<br />
“keeping in touch” day <strong>and</strong> this will be inclusive of any <strong>Shared</strong> <strong>Parental</strong> <strong>Pay</strong><br />
entitlement.<br />
<strong>2.9</strong>.11 Returning to<br />
Work<br />
i If an employee wants to end a period of <strong>Shared</strong> <strong>Parental</strong> <strong>Leave</strong> early, they<br />
must give eight weeks' prior notice in writing of the return date.<br />
ii If an employee wants to extend the <strong>Shared</strong> <strong>Parental</strong> <strong>Leave</strong> they must submit a<br />
new period of leave notice at least eight weeks before the date that they were<br />
due to return to work, assuming they still have <strong>Shared</strong> <strong>Parental</strong> <strong>Leave</strong><br />
entitlement remaining <strong>and</strong> have not already submitted three period of leave<br />
notices. If they are unable to request more <strong>Shared</strong> <strong>Parental</strong> <strong>Leave</strong> they may be<br />
able to request annual leave or <strong>Parental</strong> <strong>Leave</strong>, which will be subject to the<br />
needs of the Company.<br />
iii Generally, employees are entitled to return to work in the position they held<br />
before starting <strong>Shared</strong> <strong>Parental</strong> <strong>Leave</strong>, <strong>and</strong> on the same terms of employment.