Shared Parental Leave Documents
DOCUMENTS CURRENTLY BEING UPDATED
On 5th April 2015, a new system of Shared Parental Leave and Pay was introduced. This affects children due on or after this date or due to be adopted on or after this date.
The introduction of SPL is an attempt to depart from the more inflexible approach to childcare and provide working parents with more choice in how they care for their child in their first year.
Simply-Docs have included a Shared Parental Leave Policy and Guidance Notes on Shared Parental Leave with more additions likely in future.
The final version of the Shared Parental Leave Regulations 2014 was finally published on Monday 24th November 2014 and the Regulations took effect on 1st December 2014. Additional letters, documents and information pages covering Shared Parental Leave are available, and any necessary further changes to documents will be clearly flagged as this portfolio is expanded.
Shared Parental Leave Documents is part of Employment. Just £38.50 + VAT provides unlimited downloads from Employment for 1 year.
Frequently Asked Questions
Can both parents take shared parental leave at the same time, or do they have to take it one at a time? +
Both parents can take shared parental leave at the same time or separately, in any combination that suits them, provided all leave ends by the child's first birthday (or the first anniversary of adoption placement). Together they can share up to 50 weeks of leave. The Simply-Docs Shared Parental Leave Policy explains how to set this out, and the Notice of Entitlement templates on this page are used by each parent to tell their own employer how much they intend to take.
Who qualifies for shared parental leave and what are the eligibility conditions? +
Only employees (not workers or self-employed people) can take shared parental leave. The parent taking it must have worked for the same employer for at least 26 weeks by the end of the 15th week before the baby is due (or before the adoption match date) and still be employed when leave starts. Their partner must meet an employment and earnings test requiring recent labour market participation above the lower earnings limit, and both parents must share responsibility for the child. The Simply-Docs Shared Parental Leave Guidance Notes explain these tests to help you check eligibility before completing the notice templates.
What notices does the mother need to give her employer before shared parental leave can start? +
Before shared parental leave can start, the mother must give her employer two notices, normally at least eight weeks before the planned start of leave. First, a curtailment notice confirming the date her maternity leave will end early, using the Simply-Docs Maternity Leave Curtailment Notice Letter. Second, a Notice of Entitlement and Intention to take Shared Parental Leave (Mother), accompanied by the father's or partner's declaration confirming they agree. Once the curtailment notice is binding, the unused weeks of maternity leave and pay become the shared pool.
How does the father or partner give notice of shared parental leave to their employer? +
Give your own employer a Notice of Entitlement and Intention to take Shared Parental Leave (Father or Partner), accompanied by the mother's declaration confirming she agrees. Then give a separate booking notice, a Request for Shared Parental Leave, at least eight weeks before each period of leave starts. Employees have a statutory right to a maximum of three booking notices, though an employer may agree to more. The Simply-Docs Request for Shared Parental Leave template, the Notice of Entitlement (Father or Partner) and the mother's declaration are all on this page.
Can an employee change or cancel shared parental leave after they have booked it? +
Usually yes, but only within the statutory notice limit and subject to a few exceptions. An employee can vary or cancel a booked period of shared parental leave by giving their employer at least eight weeks' written notice of the change. The three-notice limit applies across both original bookings and variations, so using all three notices for variations leaves no further right to vary. A variation given because the child is born earlier or later than the expected week of birth, or in response to an employer's request to vary, does not count towards the three-notice limit, and a notice withdrawn within 15 days is also disregarded. Where the child is born more than eight weeks early the eight-week notice period can be shorter, with the notice given as soon as reasonably practicable after the birth instead. A Request to Vary a Period of Shared Parental Leave or a Request to Cancel a Period of Shared Parental Leave, both available on this Simply-Docs page, are the right documents to use.
What are SPLIT days and how do they work during shared parental leave? +
Shared Parental Leave In Touch days, known as SPLIT days, allow each parent taking shared parental leave to work up to 20 days without bringing their leave or statutory pay to an end. They are separate from the ten Keeping in Touch days available to employees on maternity or adoption leave. SPLIT days must be agreed between the employer and the employee: neither side can insist on them. The Simply-Docs page includes an Invitation Letter (employer-initiated), a Request Letter (employee-initiated) and an Employer Response Letter to manage SPLIT days properly.