Shared parental leave and pay: draft regulations published

From April 2015, mothers, fathers and adoptive parents will be able to share parental leave and pay as a result of the birth or adoption of a child.

At present, mothers are able to hand over some of their parental leave, but only after the child is 20 weeks old.

The draft legislation sets out some of the finer detail of the new system of shared parental leave:

• Employees who have 26 weeks’ continuous service at the “relevant date” (the end of the 15th week before the Expected Week of Childbirth (EWC) or the week they are notified of an adoption match) will be eligible for shared parental leave;
• Eligible employees will be entitled to a maximum of 52 weeks of shared leave (minus the period that a mother has already spent on maternity leave. A new mother must take 2 weeks of compulsory maternity leave, or 4 weeks for factory workers). Eligible employees will also be entitled to 39 weeks’ shared statutory pay. (Similar rules for adoptive parents are set out within the regulations);
• An employee must notify their employer of their intention to take shared parental leave in writing, setting out the specific periods they wish to take leave. At first glance, the notification requirements appear to be quite complicated and no doubt the Government will publish further guidance in due course. However, it is proposed that employees must give their employer at least 8 weeks’ notice of any shared parental leave, which should allow employers to maintain some continuity and put cover/alternative measures in place;
• The default position is that an employee is entitled to one continuous period of leave. Employees are able to request several/alternating periods of leave, however an employer can propose alternative dates or refuse a request altogether (providing, of course, that they have a good non-discriminatory reason to do so).

We will, of course, provide further updates on the finalised legislation as and when it is published and provide more detailed guidance on how the changes to shared parental leave will affect your business and employees.