New legislation introducing Shared Parental Leave is adding to pressure on employers in ensuring that their employees are aware of the facts and their rights when the patter of extra feet is expected.
Employees already benefit from a number of family friendly rights, which can be difficult for employers to manage. Shared Parental Leave applies to parents of babies due, or children placed for adoption on or after 5 April 2015 and, as it is not an easy regulation to understand, it is advised that employers prepare themselves and take professional advice and update their policies and procedures, putting an appropriate policy in place for Shared Parental Leave.
Nitu Patel from Avensure’s legal team (left) explains:
“The aim of the regulation is to create flexibility for employees, however, this could be argued as being a double edged saw for employers as inevitably, employees taking advantage of Shared Parental Leave will create less certainty for employers and difficulties in recruiting temporary replacements for employees taking several blocks of leave.”
However, there are strict criteria that must be satisfied by both parents in order to qualify for Shared Parental Leave; if only one parent is eligible, Shared Parental Leave cannot be shared.
Nitu continues:
“Both parents must have been continuously employed by their employer for at least 26 weeks by the end of the 15th week before the child’s due date, or the week of the adoption placement, and remain in employment until the week before any period of Shared Parental Leave is due to start.
“They must share the main responsibility for the care of the child with the other parent who also needs to satisfy an employment and earnings test: have been working for at least 26 weeks as an employee, self-employed individual or worker for at least 26 weeks of the period of 66 weeks leading up to the due date of childbirth or placement for adoption, and have an average weekly earnings of not less than £30 per week in 13 of those 66 weeks.”
To qualify for Shared Parental Pay, the employee must meet the qualifying requirements and have a partner who meets the employment and earnings test; and have earned not less than the lower earnings limit (currently £111 per week) for the eight weeks up to the end of the 15th week before the child’s due date, or the week of the placement for adoption.
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