Shared Parental Leave (SPL)
One Degree North is dedicated to providing a flexible work environment that allows employees to take time off in order to care for their new-born or newly adopted children. Under this policy, all eligible employees will be entitled to shared parental leave (SPL) and statutory shared parental pay (ShPP) in accordance with the Shared Parental Leave Regulations 2014.
This policy outlines the arrangements for shared parental leave and pay in relation to the birth or adoption of a child and applies to employees only. The policy informs employees of the SPL and ShPP entitlements, reviews eligibility criteria and sets the procedures employees must follow to use SPL and ShPP.
Definitions are as follows:
Statutory Shared Parental Pay (ShPP):
Created when an eligible mother or adopter chooses to bring his or her maternity or adoption pay or maternity allowance to an end early. The untaken maternity or adoption pay or maternity allowance can be converted to ShPP which may be shared with an employee’s partner.
ShPP is paid at the lower of 90 per cent of an employee’s salary or at the flat statutory rate. Information related to statutory rates can be found at www.gov.uk/shared-parental-leave-and-pay/overview.
Expected Week of Confinement (EWC):
The week in which the baby is due. ‘Week’ means the week beginning with midnight between Saturday and Sunday in which it is expected that the child will be born.
Maternity Allowance:
Payments to be made by the Department for Work and Pensions to female employees taking maternity leave who do not qualify for statutory maternity pay.
Partner:
Means spouse, civil partner or someone living with another person in an enduring family relationship at the time the child is given birth to or placed for adoption, but not a sibling, child, parent, grandparent, grandchild, aunt, uncle, niece or nephew.
Qualifying Week:
Means (i) the fifteenth week before the EWC or (ii) the week in which the adoption agency notified you that you have been matched with a child for adoption.
Statutory Adoption Pay (SAP):
Compulsory pay payable to all employees who have had a child placed with them for adoption, providing they satisfy certain criteria. This is payable for up to 39 weeks from the date of placement.
Statutory Maternity Pay (SMP):
Compulsory pay payable to all female employees taking maternity leave provided they satisfy certain criteria. This is payable for up to 39 weeks.
Shared Parental Leave in Touch Days (SPLiT):
Different from Keeping in Touch days
What is shared parental leave?
Shared parental leave (‘SPL’) is a form of leave available to working parents following the birth or adoption of a child.
SPL gives you and your partner more flexibility in how to share the care of your child than simply taking maternity and paternity leave. Assuming you are both eligible, you will be able to choose how to split the available leave between you and can decide to be off work at the same time or at different times. You may be able to take leave in more than one block. SPL is created when a mother or adopter brings his or her maternity or adoption leave to an end early. The untaken weeks of maternity or adoption leave may be converted into a maximum of 50 weeks’ SPL, which may then be shared among eligible mothers/adopters and their eligible partners within one year of the birth or placement of their child.
SPL Entitlement
The amount of SPL available to you will vary and it is your responsibility for determining how many weeks of SPL you are entitled to. You should use the following formula to determine how many weeks of SPL you and your partner are entitled to:
Calculating the Number of Shared Parental Leave Weeks Available
The maternity or adoption leave of 52 weeks
Less
The number of weeks of maternity or adoption leave taken at the point of the mother’s or adopter’s return to work, if they have given notice to curtail their leave and opt into the shared parental leave system
Or
The number of weeks of maternity or adoption leave that will have been taken by the mother or adopter at the curtailment date specified in the leave curtailment notice (irrespective of whether the employee returns to work in advance of their leave curtailment date)
=
Total weeks of SPL available to mother/adopter and their partner.
Please note: Mothers and adopters are required by law to take a minimum of two weeks of maternity or adoption leave immediately following the birth or placement of a child. Therefore, the maximum amount of SPL available to you and your partner cannot exceed 50 weeks.
Eligibility for SPL
SPL and ShPP are available only to eligible employees. Eligible employees include mothers, adopters, and the fathers and partners of mothers and adopters. SPL and ShPP are also available to employees who are the intended parents in surrogacy arrangements, who qualify for adoption leave and/or pay.
Shared Parental Leave Eligibility – Mothers and Adopters
In order for an employee who is mother or adopter to qualify for SPL, the employee must:
Share the main responsibility for caring for the child with their partner or the child’s father,
Satisfy the ‘continuity of employment’ test,
Be mainly responsible for the care of the child on the date of the child’s birth or placement for adoption,
Be entitled to statutory maternity leave or statutory adoption leave,Have curtailed or brought to an end their maternity or adoption leave,
Provide notice of entitlement and intention to take SPL (see below).
Additionally, the employee’s partner must:
Satisfy the ‘employment and earnings’ test and
Share the main responsibility for care of the child with the employee.
Continuity of Employment Test:
An employee satisfies the continuity of employment test if the employee:
Has been continuously employed with an employer for a period of at least 26 weeks by the end of the 15th week before a child’s due date or before the date a child is matched for adoption and
Remains in continuous employment with the same employer until the week before any period of shared parental leave is taken.
Employment and Earnings Test:
An individual satisfies the employment and earnings tests if, during the 66 weeks before a child is due or adopted, the individual:
Has been employed for a total of at least 26 weeks; and
Has earned an average of £30 per week in 13 of those weeks.
Shared Parental Leave Eligibility – Fathers and Partners
In order for an employee who is a father or partner to quality for SPL the employee must:
Satisfy the continuity of employment test (as above).
Share the main responsibility for care of the child at the date of the child’s birth or placement for adoption with the mother or adopter;
Provide notice of entitlement and intention to take SPL (see below).
Additionally, the mother or adopter of the child must:
Satisfy the employment and earnings test (as above);
Share the main responsibility for care of the child with employee;
Be entitled to statutory maternity/adoption leave, statutory maternity/adoption pay, or maternity/adoption allowance; and
Curtail or bring to an end her statutory maternity/adoption leave, maternity/adoption pay or maternity/adoption allowance.
If you are the child’s father or the mother’s partner, or if your partner is taking adoption leave and/or claiming SAP, if eligible, you should consider using your two weeks’ paternity leave before taking SPL. Once you start SPL you will lose any untaken paternity leave entitlement. SPL is additional to your paternity leave entitlement.
Statutory Shared Parental Pay Entitlement
Eligible employees may be entitled to take up to 37 weeks of ShPP while taking SPL. The number of ShPP weeks available to you and your partner will vary depending on when the mother/adopter reduces their maternity/adoption pay or maternity allowance period. ShPP may be payable during some or all of your SPL period, depending on the length and timing of the leave.
Calculating the Number of Statutory Shared Parental Pay Weeks Available
Mothers’ or adopters’ entitlement of 39 weeks of maternity or adoption pay or maternity allowance period leave
Less
The number of weeks of maternity or adoption pay or maternity allowance taken by the mother or adopter at the point of his or her return to work if he or she has not given notice to curtail his or her leave and opt into the shared parental system
Or
The number of weeks of maternity or adoption pay or maternity allowance at the curtailment date (irrespective of whether the mother/adopter returns to work in advance of his or her leave curtailment date)
=
Total weeks of ShPP available to mother/adopter and his or her partner.
Note: Mothers and adopters are required by law to take a minimum of two weeks of maternity or adoption pay or maternity allowance before ShPP can be created. Therefore, the maximum amount of ShPP available to an employee and his or her partner cannot exceed 37 weeks.
In order to qualify for ShPP you must:
- Meet the qualifying requirements for SPL and have a partner who meets the employment and earnings test and
- Have earned not less than the lower earnings limit in the eight weeks leading up to and including the 15th week before the child’s due date/matching date.
Enhanced Shared Parental Pay
As a company we offer both enhanced maternity and shared parental leave pay. Employees who are taking shared parental leave will qualify for pay as follows providing they have earned not less than the lower earnings limit in the eight weeks leading up to and including the 15th week before the child’s due date/matching date.
One Degree North employees are eligible for enhance shared parental leave pay minus any enhanced maternity/adoption or paternity pay already received on the following scale.
Enhanced Maternity and Shared Parental Leave Pay:
0 – 3 months SPL leave – No pay
4 – 6 months SPL leave – 2 weeks 100% and 2 weeks 50%
7 – 8 months SPL leave – 4 weeks 100% and 4 weeks 50%
9+ months SPL leave – 6 weeks 100% and 6 weeks 50%
Employees who wish to take SPL and/or ShPP must provide One Degree North with a “Shared Parental Leave Form” This notification must be given to One Degree North at least eight weeks before the start date of the first period of SPL.
If the employee leaves One Degree North within 6 months of the date they returned to work following shared parental leave then the employee will be required to repay any Enhanced Shared parental pay received.
Evidence of entitlement
You must provide if requested:
- In birth cases – A copy of the birth certificate (or if you have not yet obtained a birth certificate, a signed declaration of the child’s date and place of birth) or
- In adoption cases – One or more documents from the adoption agency showing the agency’s name and address and the expected placement date and
- The name and business address of your partner’s employer (or a declaration that they have no employer, and the partner’s contact information instead).
Conditions
The curtailment notice is binding and cannot usually be revoked. You can only revoke a curtailment notice if maternity/adoption leave has not yet ended and one of the following applies:
- If you realise that neither you nor the other parent / your partner are in fact eligible for SPL or ShPP, in which case you can revoke the curtailment notice in writing up to eight weeks after it was given;
- (In birth cases only) if you gave the curtailment notice before giving birth, you can revoke it in writing up to eight weeks after it was given, or up to six weeks after birth, whichever is later; or
- If the other parent / your partner has died.
Once you revoke a curtailment notice you cannot opt back into the SPL scheme unless you gave the curtailment notice before giving birth and you revoked it in writing up to eight weeks after it was given, or up to 6 weeks after birth, whichever is the later.
Notifying us of your SPL dates
Having opted into the SPL system you will need to give a period of leave notice telling us the start and end dates of your leave. This can be given at the same time as your opt-in notice, or it can be given later, as long as it is given at least eight weeks before the start of your leave. You must also state in your period of leave notice the dates on which you intend to claim ShPP, if applicable. This is to be notified to us by using the “Request to take a period of Shared Parental Leave Form”
With each booking notice you may request a single period of leave (referred to as continuous leave), or a discontinuous period of leave, when you intend to return to work between periods of leave. Your right to take SPL and the booking process differ depending on what type of leave you request.
Continuous Leave
If your period of leave notice gives dates for a single continuous block of SPL you will be entitled to take the leave set out in the notice, and so this will be automatically granted, as long as the requested leave does not exceed the total number of SPL weeks available to you and you have provided at least eight weeks’ notice.
Discontinuous Leave
We may, in some cases, be willing to consider a period of leave notice where the SPL is split into shorter periods (of at least a week) with periods of work in between. It is best to discuss this with the director(s) in advance of submitting any formal period of leave notices. This will give us more time to consider the request and hopefully agree a pattern of leave with you from the start or propose an alternative leave arrangement.
You must submit a period of leave notice setting out the requested pattern of leave at least eight weeks before the requested start date. If we are unable to agree to your request straight away there will be a two-week discussion period. At the end of that period, we will confirm any agreed arrangements in writing. If we have not reached an agreement, you will be entitled to take the full amount of requested SPL as one continuous block starting on the start date given in your notice (for example, if you requested three separate periods of four weeks each you will be entitled to one 12-week period of leave).
Alternatively, you may:
- Choose a new start date (which must be at least eight weeks after your original period of leave notice was given), and tell us within five days of the end of the two-week discussion period or
- Withdraw your period of leave notice within two days of the end of the two-week discussion period (in which case it will not be counted, and you may submit a new one if you choose).
You can give up to three periods of leave notices. This may enable you to take up to three separate blocks of SPL (although if you give a notice to vary or cancel a period of leave this will in most cases count as a further period of leave notice). In exceptional circumstances we may allow you to give more than three periods of leave notices but there is no obligation for us to do so.
Changing the dates or cancelling your SPL
You can cancel a period of leave by notifying us in writing at least eight weeks before the start date in the period of leave notice.
You can also change the start date for a period of leave or the length of the period of leave by notifying us at least eight weeks before the original start date and the new start date.
In birth cases you do not need to give eight weeks’ notice if you are changing the dates of your SPL because your child has been born earlier than the EWC, where you wanted to start your SPL a certain length of time (but not more than eight weeks) after birth. In such cases, please notify us in writing of the change as soon as you can.
You can change the end date for a period of leave by notifying us in writing at least eight weeks before the original end date and the new end date.
You can change split periods of leave into a single continuous period of leave by notifying us in writing at least eight weeks before the start date of the first period. Any request to split a continuous period of leave into two or more discontinuous periods with periods of work in between shall be considered.
A notice to cancel or change a period of leave will count as one of your three periods of leave notices unless:
- The variation is a result of your child being born earlier or later than the EWC/being placed with you earlier or later than the expected placement date;
- The variation is at our request; or
- We agree otherwise.
Terms and Conditions during Shared Parental Leave
The terms of your contract of employment will continue to apply throughout SPL. In the case of a fixed term contract, the contract may expire at the end of the fixed term in accordance with the conditions of that agreement.
Whilst on SPL you will benefit from all the terms and conditions which would have applied to you as if you had been at work instead of on leave, except the terms and conditions relating to pay.
During your absence on SPL you will continue to be bound by the obligations created by the terms and conditions of your employment, except for the obligation to work during the period of SPL.
Holiday Entitlement
Your normal holiday entitlement continues to accrue throughout your SPL and you will normally be required to take this holiday leave immediately prior to or following your SPL period.
If your SPL continues into the next holiday year, any holiday entitlement that cannot reasonably be taken before starting your leave can be carried over to the next holiday year and must be taken immediately before returning to work unless the director(s) agrees otherwise. You should try to limit carry over to one week’s holiday or less. Carry-over of more than one week is at the director(s) discretion.
You should discuss your holiday plans with the director(s) in good time before starting SPL. All holiday dates are subject to approval by the director(s).
Shared Parental Leave in Touch Days (SPLITs)
We may make reasonable contact with you from time to time during your SPL although we will keep this to a minimum. This may include contacting you to discuss arrangements for your return to work and any other reasonable contact from time to time.
You may ask or be asked to work (including attending training) on up to 20 ‘Shared Parental Leave in Touch’ days (SPLiT days) during your SPL. This is in addition to any KIT (Keeping in Touch) days that you may have taken during maternity/adoption leave. SPLiT days are not compulsory and must be discussed and agreed with the director(s).
You will be paid at your normal basic rate of pay for time spent working on a SPLiT day and this will be inclusive of any ShPP entitlement. Contact between you and One Degree North does not constitute work for the purposes of SPLiT days.
Returning to work
If you want to end a period of SPL early you must give us eight weeks’ prior notice of the return date. It is helpful if you give this notice in writing. If you have already given us three period of leave notices you will not be able to end your SPL early without our agreement.
If you want to extend your SPL you must submit a new period of leave notice at least eight weeks before the date you were due to return to work, assuming you still have SPL entitlement remaining and have not already submitted three periods of leave notices. If you are unable to request more SPL you may be able to request annual leave or ordinary parental leave which will be subject to the needs of the business.
You are normally entitled to return to work in the position you held before starting SPL and on the same terms of employment. However, if it is not reasonably practicable for us to allow you to return to the same position, we may give you another suitable and appropriate job on terms and conditions that are not less favourable, but only in the following circumstances:
- If your SPL and any maternity/adoption or paternity leave you have taken adds up to more than 26 weeks in total (whether or not taken consecutively); or
- If you took SPL consecutively with more than four weeks of ordinary parental leave (under our Parental Leave Policy).
If you want to change your hours or other working arrangements on return from SPL, you should make a request under our Flexible Working Practices policy. It is helpful if such requests are made as early as possible.
If you decide you do not want to return to work, you should give notice of resignation in accordance with your employment contract.
Parental Leave and Pay
Definitions:
Parental Leave:
The right to take unpaid leave of up to 18 weeks for a child born or adopted over whom they have or expect to have responsibility subject to satisfying certain criteria.
Remuneration:
Wages or salary.
Parental Responsibility Agreement:
Contract entered into by the unmarried natural parents of a child which gives the parent without care certain rights over the education, health and welfare of that child. Parental Responsibility can also be granted to that parent by the court in the form of an order.
Parental Rights – Entitlement to Ordinary Parental Leave
If you have at least 1 year’s continuous service with One Degree North, you are entitled to unpaid parental leave. Any employee with parental responsibilities can take up to 18 weeks’ parental leave for each child up to the child’s 18th birthday.
The following applies with regard to how the 18-week leave may be taken:
- The leave may only be taken in blocks or multiples of 1 week (except in the case of a disabled child).
- You must agree the period and time for taking the leave with One Degree North and must give One Degree North 21 days’ notice before taking parental leave. The notice from you must state the start and end date of the proposed parental leave period. (One Degree North reserves the right to postpone your parental leave for up to 6 months where the employer’s business would otherwise be unable to cope).
- However, parental leave cannot be postponed when you give notice to take leave immediately after a child is born or is placed with the family for adoption.
- If you have a disabled child, you can take parental leave one day at a time or for longer periods, if required.
- You may only take a maximum of 4 weeks’ leave in any 12-month period for each relevant child.
- Your period of leave taken with a previous employer will be taken into account when calculating your total entitlement.
- We may request from you proof of your responsibility for the relevant child together with a copy of the child’s birth certificate, proof of adoption, or the child’s entitlement to disability living allowance as the case may be.
All of your usual terms and conditions of employment continue throughout your period of parental leave, apart from the right to receive your usual remuneration (which includes your basic salary and all cash remuneration). All your usual statutory benefits and entitlements will remain in place throughout your whole parental leave period; however, One Degree North may suspend any benefits that are provided solely for business use, or that are additional contractual entitlements, at its discretion.
If you take parental leave for a period of 4 weeks or less (and where such leave did not include any period of additional maternity or adoption leave) you may return to the job in which you were employed before taking leave. This will entitle you to the same terms and conditions of employment previously enjoyed.
It is One Degree North’s intention that if you take parental leave for more than 4 weeks (or parental leave of less than 4 weeks, which includes a period of additional maternity leave or additional adoption leave) you shall also return to the same job. However, if this is not reasonably practicable you will be fully consulted and offered any suitable alternative employment. The new position will be one which is both suitable and appropriate for you to do in all the circumstances.
In the event that after parental leave you are required to work in a new role the director(s) will arrange a meeting prior to your return to discuss the change in position and any administrative details.
In the unlikely event of your job not being available due to redundancy you will be fully consulted and offered any available suitable employment.
Neonatal Leave and Pay
Definitions:
Neonatal Care:
Hospital care received by a baby who is either born prematurely or sick.
Premature:
A baby who is born before week 37 of pregnancy.
On term:
A baby born after the full gestational period of 39 weeks.
Sadly, there can be unforeseen complications during pregnancy which may see your baby being in a Neonatal unit following birth. VICTVS wants to provide support where possible and minimise the stress on you during this time so you can focus on your family.
Neonatal Hospital Stay Leave Entitlements and Pay
Parents whose babies are required to stay in Neonatal care for at least 7 days, regardless of if the baby was born prematurely or on-term, will be entitled to paid leave for each week up to a maximum of 12 weeks paid at the statutory rate. The period of Neonatal care will begin following the end of your other statutory leave.
Parents taking maternity/adoption/shared parental leave will receive an additional 12 weeks on top of the statutory pay and leave entitlements as previously outlined to you. The 12 weeks are provided to supplement the prearranged period of absence up to a maximum of 52 weeks. Parents taking paternity will receive the additional 12 weeks of Neonatal leave and pay, on top of the previously agreed 2 weeks of paternity pay and leave.
In order to qualify for Neonatal Pay you must:
- At the point of notification, you have completed 26 weeks’ continuous service and
- Your average weekly earnings are above the lower earnings limit (LEL) for National Insurance Contributions and
- You have given at least 28 days’ notice of the previously agreed start date of your parental leave.
- You have provided all forms required by the point of your parental leave, i.e. completed MATB1, SC3, or matching certificate.
All types of pre-agreed parental leave will leave will begin immediately after the 12 weeks of Neonatal Leave in one continuous block.
Parental Bereavement Leave
PBL:
Parental Bereavement Leave
Parents of a baby who dies after week 24 of pregnancy, up to the child reaching 18, will be entitled to 2 weeks Parental Bereavement Leave. This may be taken in one 2-week block, two 1-week blocks or one singular week of leave and must begin on the date of death or stillbirth and finish with 56 weeks of this date. You are able to take this leave regardless of how long you’ve worked for the company.
If you were due to begin another type of statutory leave at the time of death or stillbirth, your Parental Bereavement Leave will not begin until after this leave. There is no requirement for the PBL to be taken immediately after your other leave but may be if this suits your needs. You will still be entitled to both types of statutory leave regardless of if they are in relation to two different children.
You will only qualify for PBL, if you were at least one of the following:
- The child or baby’s parent – this can be biological, adoptable, or parent of a surrogate child or,
- The partner of the child or baby’s parent or,
- The child must have lived with you for at least 4 continuous weeks at the time of death and you, or your partner, had day to day responsibility of the child during that time, or
- As an adoptive parent, after the adoption order was granted, or before the adoption order was made if the child was placed with you and the placement was not disrupted (for example, being temporarily placed elsewhere) or stopped, or
- As an adoptive parent of a child outside the UK, if the child was living with you after entering Great Britain, and you have the ‘official notification’ confirming you were allowed to adopt, or
- As a parent through surrogate, you must have a parental order made, or before a parental order was ma de if you had applied or intended to apply for a parental order within 6 months of the child’s birth and expected it to be granted
- Be classed as employee, regardless of length of service
- Give your employer notice for Parental Bereavement Leave
During your Parental Bereavement Leave your employment rights are protected in respect of pay rises, accruing holiday and returning to work.
Statutory Parental Bereavement Pay
SPBP:
Shared Parental Bereavement Pay
‘Relevant week’
The week (ending with a Saturday) immediately before the week of the death or stillbirth
If you have at least 26 weeks continuous service at the ‘relevant’ week with VICTVS you are entitled to Statutory Parental Bereavement Pay. The terms of your leave are outlined above.
To qualify you must also:
- Continue to be employed up to the day the child dies or is stillborn and,
- Earn on average £120 a week before tax (gross) over an 8-week period and,
- Give your employer the correct notice and information for Statutory Parental Bereavement Pay