Shared Parental Leave

Shared Parental Leave (SPL) has replaced the Additional Paternity Leave scheme and has been introduced to allow more flexibility to parents on sharing the care of their child during the first year from birth or date of adoption placement.  Shared Parental Leave allows the mother to end her maternity leave after the initial two weeks compulsory maternity leave has been taken following the birth of the child (or in adoption cases - after two weeks of adoption leave has been taken).  Then the parents of the child can choose to share the remaining leave between them.

Shared Parental Leave is available to parents whose child is due on or after 5 April 2015, or adoptive parents whose child is due to be placed on or after 5 April 2015.  The scheme also applies to the prospective parents in a surrogacy arrangement.

Leave

The mother must take two weeks of compulsory maternity leave following the birth of the child (or in adoption cases, the adopter must take at least two weeks of adoption leave) and this cannot be transferred to the Partner to take.

The maximum amount of shared parental leave which can be taken is 50 weeks.  This leave can be taken during 12 months from the birth of the child or adoption placement date.  Any Shared Parental Leave not taken by the first birthday or first anniversary of adoption placement is lost.

Any period of maternity leave taken by the mother outwith the compulsory two week period will be deducted from the 50 weeks.

Notice requirements

The mother must give a minimum of eight weeks notice to end her entitlement to maternity leave.  This notice can be given before or after the birth (or adoption placement date).  If the mother submits this notice after the birth or adoption placement date, it is binding.  If it is before the birth or adoption placement date, the mother has the right to revoke the notice up to 6 weeks after the birth (or adoption placement date).

If one or both parents would like to take shared parental leave, they must complete the form PER/SPL/1/15 which is available on the intranet or alternatively from Resource Personnel Sections.  This must be submitted at least eight weeks before the intended period of shared parental leave. 

The parent can request up to a maximum of three periods of leave.

If the employee wishes to amend the period requested once agreed (i.e. vary start or end dates; vary amount of leave taken or change number of blocks taken), they must submit written notice to their manager at least eight weeks before the date of the first period of shared parental leave they had requested.

Shared Parental Leave in Touch (SPLIT) Days

Each parent and their employer can agree up to 20 SPLIT days during this period of leave without loss of Shared Parental Leave Pay or bringing the leave to an end.  Some contact during SPL periods will usually be beneficial for managers and employees, however this contact must be agreed by both parties.  There is no obligation that SPLIT days must be offered by the Council or agreed to by an employee.

If a SPLIT day is agreed, and worked by the employee, normal pay will apply.  Normal pay will be an amount inclusive of Shared Parental Pay.  These days do not have to be consecutive and can be used for training, a gradual return to work and/or any other activity which enables the employee to keep in touch with the place of employment.

Returning to work

An employee who has taken Shared Parental Leave lasting 26 weeks or less (regardless of how many periods have been taken) will be entitled to return to the same job. 

If a period of longer than 26 weeks has been taken, the employee has the right to return to the same job or a similar job if it is not reasonably practicable to return to the same job.