Shared Parental Leave

The Shared Parental Leave Regulations came into force on 1 December 2014 with the effect that shared parental leave will be available for parents of babies born on or after 5 April 2015. These Regulations mark a departure from the traditional assumption that the mother will be the primary carer.

Under the new shared parental leave rules, mothers will be able to end their maternity leave early and share the remainder of their leave with their partner with the option of taking leave at the same time. Shared parental leave does not have to be taken in a single continuous period – leave periods can be as short as a week and both parents can be absent at the same time. Shared parental leave must be taken before the child’s first birthday.

To be entitled to take shared parental leave and pay, employees will need to meet minimum eligibility requirements, including a continuity of employment test for both leave and pay and a minimum earnings requirement for shared parental pay. Under shared parental leave regulations, employees will have to comply with notice requirements which will need to include specific information such as mothers giving notice to end their maternity leave.

Whilst being good news for new parents, this could prove to be a major headache for employers. Companies need to have a policy in place and communicate it to their staff. Employers may also wish to draft model notification forms for employees to help them comply with the legal requirements, as well as model forms for the employer to respond to employee notices. Failure to do so could mean employers are potentially opening themselves up to the risk of a discrimination claim.

If you would like to find out more about shared parental leave or any other employment issues, please contact me.

Kate Garrett
Solicitor

Head of Employment Law

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