Shared Parental Leave

The new shared parental leave system has now come in to force, pursuant to the Children and Families Act 2014, and will apply to parents of babies due on or after 5 April 2015.

The new system does not mean that the existing maternity and paternity leave and pay provisions will be repealed, and shared parental leave provisions will not automatically apply.

In order for the shared parental leave rights to kick in, a parent entitled to maternity leave and pay will need to cut short her maternity leave. This can only be done after the mandatory maternity leave period of (usually) two weeks' after childbirth. If more than eight weeks' of maternity leave remain unused, the balance can be split between eligible parents as shared parental leave.

Using Shared Parental Leave

To take advantage of this right, a parent on maternity leave must either return to work (giving notice that their maternity leave period will also come to an end), or serve a 'curtailment notice', bringing their maternity leave to an end before it would otherwise have expired. That will end the maternity leave and maternity pay entitlement. The remaining maternity leave period, and the remaining maternity pay, can then be split between parents, subject to them satisfying the eligibility criteria.

Usually, if maternity leave and pay has been curtailed, the mother cannot revoke the decision, unless the baby has not yet been born, or her partner dies.

Shared Parental Leave Notice

A parent who wants to take up shared parental leave first needs to serve a non binding notice on their employer to state that:

The parent is entitled to shared parental leave, and That the parent plans to take shared parental leave. The parent will need to set out their relationship with the mother, and give a non binding indication of when they might take the leave. The notice should also confirm the parent's consent to the use of their personal information, and make a declaration that both parents meet the eligibility requirements.

Binding Notice of Shared Parental Leave

The next stage is for the parent to give their employer a binding notice of the dates that the parent intends to take their shared parental leave. This must be at least eight weeks before the leave period is intended to commence, and must be arranged to take place within the first year of the baby's life. It must be taken in blocks of 1 week, and not partial weeks.

A parent can issue up to three binding notices of when they will take...