- Shared Parental Leave: You and your partner may be able to get Shared Parental Leave (SPL) and Statutory Shared Parental Pay (ShPP) if you’re having a baby or adopting a child. Often their careers and earning potentials do not recover. Paying enhanced pay for maternity leave but not enhanced pay for Shared Parental Leave perpetuates and reinforces the assumption that working mothers are the primary caregivers of those children. You can share up to 50 weeks of leave and up to 37 weeks of pay between you. Print Download. HMRC revealed that less than 1% of those eligible had made use of it in 2016. If the policy simply says that full pay is available for up to 12 weeks of Shared Parental Leave, an employee can start at any time and receive full pay. Mr Hextall is a police officer working for the Leicestershire Police Force, after welcoming his child in to the world, he sought to take some time off to care of his child. More than half the organisations (56 per cent) that currently offer enhanced maternity pay said they would also offer enhanced shared parental pay. The claimant asked for his shared parental leave pay to be enhanced and for him to be paid the same higher rate as a woman on maternity leave. enhanced) shared parental pay, only the father can benefit from that if he takes shared parental leave. Shared parental leave entitles the parent not taking maternity leave to effectively share 50 weeks of any of the un-taken leave. While enhanced maternity pay is the norm across many businesses, enhanced shared parental pay is not. Whether or not to enhance shared parental pay above the statutory minimum – a flat rate of £139.58 per week (or 90% of earnings if this is less) – was a key decision for employers when framing shared parental leave policies. If I pay enhanced maternity pay do I have to pay more Shared Parental Pay too? Hello, really hoping there's someone here who has been in a similar situation (or who works in employment law or HR!) For example, if the father’s employer offers contractual (i.e. The case has raised serious questions around enhanced maternity pay, and shared parental pay. The enhanced shared parental pay policy will now mirror British Land’s current enhanced parental pay offering, which provides mothers with 26 weeks of leave at full pay. The Shared Parental Leave (SPL) and Shared Parental Pay (ShPP) arrangements detailed in this section apply to eligible parents who are expecting a baby due on or after 5 April 2015, and to parents who have a child placed with them for adoption on or after that date. Enhanced Shared Parental Leave Pay is not discriminatory. Enhanced shared parental pay can be applied retrospectively, if someone is already on maternity or shared parental leave on 1 April when the new benefit comes into effect ; 2018 review of the junior doctor contract. When SPL was introduced, some employers instantly introduced enhanced SPL pay, while many adopted a “wait and see” approach as to whether they would be obliged to also pay enhanced SPL. Some employers might offer more than the statutory minimum for SPL. Where enhanced maternity pay is contractual, the sex equality clause does not apply as it relates to special treatment related to maternity. Any ShPP due will be paid at the statutory rate set by the UK Government for the relevant tax year. The Employment Appeal Tribunal (EAT) has now ruled that it is not discriminatory for an employer to pay enhanced maternity pay but only statutory pay for shared parental pay. From 5 April 2015, new employment legislation allows parents to Shared Parental Leave (SPL) and pay following the birth or adoption of a child, therefore increasing fathers’ rights. Shared parental leave: No sex discrimination where employer fails to enhance pay Shared parental leave and shared parental pay: quick links Access our main resources on shared parental leave and shared parental pay according to the type of information you need. In support of this, the University provides parental benefits - including Shared Parental Pay (ShPP) - that are above the statutory minimum. I'm entitled to 12 weeks full paid maternity pay. The amount of weeks available will depend on the amount by which the mother/adopter reduces their maternity/adoption pay period or maternity allowance period. Scenario 3 Emmanuel and Nina are expecting a baby. While this case may have resolved whether employers are legally obliged under discrimination law to enhance payments of shared parental pay, there are wider policy considerations which may encourage employers to do so voluntarily. An issue that has come before the court is whether or not it is unlawful sex discrimination to pay men on shared parental leave less than women on maternity leave. Checking eligibility for Shared Parental Leave . Under its package for shared parental leave, Deloitte will match its current level of enhanced maternity or adoption pay, which is set at 16 weeks at full pay, followed by 10 weeks at half pay. who can offer some advice! Enhanced Shared Parental Leave Pay, The Dilemma Posted at 09:24h in Client News by tga-nigel If you, as an employer of Domestic/Household staff pay enhanced Maternity pay, but not enhanced Shared Parental Pay, (SPL) how do you stand legally . Ade decides to check the Trust’s maternity leave and shared parental leave policies before deciding what to do, as the couple can’t afford to lose out financially. In a recent direct sex discrimination claim, an employer operated a scheme which gave mothers enhanced pay (their full pay, in fact) for their two weeks compulsory leave and then for a further 12 weeks (a total of 14 weeks). Shared parental pay is only payable if the mother or adopter ends her entitlement to statutory maternity or adoption pay before she uses her full 39 weeks’ entitlement. Many employers chose to retain their existing approach of providing enhanced maternity pay after shared parental leave was introduced, but took the view that they would adopt the basic position and provide statutory shared parental pay. Statutory Shared Parental Pay (ShPP) If you are eligible, you may be entitled to take up to 37 weeks ShPP while taking SPL. Enhanced shared parental pay CMS Cameron McKenna Nabarro Olswang LLP United Kingdom June 15 2017 Two recent employment tribunal cases have reached different conclusions on … This decision also has a direct impact on shared parental leave take-up levels, the survey suggests. Statutory shared parental pay is paid at a flat rate. If so, there's reason to be cautiously optimistic, according to recent research from XpertHR and Personnel Today. Any remaining weeks of pay will convert to ShPP. Previous. This should be in the employee’s written terms or written in a workplace policy document. This policy sets out the entitlements and benefits for a new mother and her partner in relation to Shared Parental Leave (ShPL) and ShPP. For example, SPL with 26 weeks’ full pay followed by 13 weeks’ ShPP. Taking Shared Parental Leave. As employers prepare for the introduction of shared parental leave, one of the key questions they face is whether or not to provide enhanced shared parental pay to match their enhanced maternity pay schemes. Enhanced Shared Parental Leave and Pay. Such a decision will be welcomed by employers who offer enhanced maternity pay but do not offer the same pay enhancement to parents taking shared parental leave. Background The concept of shared parental leave (SPL) was introduced and fathers are now permitted to share maternity leave with their partners, up to 50 weeks. It will be interesting to see if other employers now follow their lead and, in light of this, if the uptake of shared parental leave, which has initially been very low, increases. Enhancing the pay of women on maternity leave but not men on shared parental leave is not direct or indirect sex discrimination and even if indirect, it would be objectively justified. Last year two cases relating to whether a failure by employers to pay enhanced shared parental pay when maternity pay was enhanced was discriminatory were brought before different employment tribunals. Capita paid enhanced maternity pay for the first 14 weeks of leave and enhanced paternity pay for 2 weeks followed by statutory SPP. 6 Maximum total occupational pay eight weeks full pay, 18 weeks half pay, 13 weeks unpaid. • The above is irrespective of whether Hassan received enhanced pay for his combined 13 week shared parental leave period (six weeks plus seven weeks). That means only Ade is entitled to Shared Parental Leave, if she wishes to take it. Who pays Shared Parental Pay? Next. which can be taken up to a year after a child is born or adopted. Both parents should check whether their employer offers enhanced shared parental pay as that may affect decisions on who takes the leave. However, it will no doubt come as a blow to those campaigning for greater uptake of shared parental leave. What is Shared Parental Pay? ShPP is paid at the rate of £145.18 a week or 90% of your average weekly earnings, whichever is lower. And three-quarters of those said they would match the pay offered to mothers. The new shared parental pay policy will apply to mothers and fathers following the birth of a child, as well as adoptive parents and same-sex couples. My husband's company offers 12 weeks full paid shared parental. From 5 April 2015, new legislation will allow mothers, fathers, partners, and adopters to opt to share parental leave. Do employers have to enhance shared parental pay? Enhancing shared parental pay by choice. Consider when the enhanced pay will be available. If an employer does offer enhanced pay during shared parental leave, the same rate must be paid to everyone eligible to take it, irrespective of their gender. Since the introduction of shared parental leave, it has been questioned whether those taking that leave would be entitled to the same benefits as those taking maternity leave. Enhanced Shared Parental Pay. Remember that Shared Parental Leave can commence at any point during the relevant 52 week period. If it doesn’t make financial sense for fathers to take leave, working mothers are forced to take an extended period of leave. Our original plan was for me to take 26 weeks off as maternity, and then my husband would take his 12 weeks. 39 weeks minus the amount of statutory maternity or; adoption pay or maternity allowance the mother or primary adopter has used, and ; they must use at least two weeks so the maximum available is 37 weeks. Many high profile employers appear to be alive to this issue already as they have publicised their approach to shared parental pay and demonstrated that they are paying enhanced or matching benefits for both parents. 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