Government launches consultation on the administration of shared parental leave and pay

The Government has launched a consultation on the detail of the proposed shared parental leave and pay scheme. This relates to the Government's commitment to introduce a new system of shared parental leave and pay that parents can access so that, where they want to, they can share caring responsibilities. 

The consultation follows the Government's response to its earlier consultation on modern workplaces in relation to flexible parental leave. The Government stated that it would retain the default 52-week entitlement to maternity leave, and 39 weeks' statutory maternity pay for eligible women, and fathers' entitlement to two weeks' ordinary paternity leave and pay. However, it proposed, from 2015, to enable mothers to commit to ending their maternity leave and pay at a future date, and share the untaken balance of leave and pay as "flexible parental leave", now called "shared parental leave", with their partner. Parents would be able to share 50 weeks' leave and 37 weeks' pay available to the mother. Similar arrangements would apply to adoptive parents (including eligible parents in surrogacy arrangements). 

On 5 February 2013, the Government published the Children and Families Bill, introducing shared parental leave and pay. 

This consultation sets out the Government's proposals for how shared parental leave and pay will work in practice and seeks views on the administration process. The proposals include:

  • a requirement for both parents (birth, adoptive or intended parents in a surrogacy arrangement) to follow a two-stage process to qualify for shared parental leave and pay;
  • introducing a notification to indicate to employers that eligible parents plan to opt into the shared parental leave system (the Government is seeking views on the information that should be included in this notification);
  • for a limited period from birth, a right for an employee to revoke her notice to end her maternity leave and opt into the shared parental leave system where the notice was given prior to the birth (the Government is seeking views on whether a four- or six-week period for revoking the notice is appropriate);
  • allowing employees to notify their employer of their shared parental leave intentions as they require them;
  • that employees must give their employer eight weeks' notice before taking new blocks of shared parental leave or varying leave;
  • a restricted period of time for employers and employees to discuss patterns of shared parental leave, followed by a "sign-off point" at which the employee can either agree to the pattern of leave that he or she has negotiated with his or her employer or withdraw the request (the Government is seeking views on whether or not a two-week negotiation period is appropriate);
  • a cut-off point after which parents will no longer be able to use any outstanding shared parental leave or pay entitlement (the Government is seeking views on whether the cut-off point should be 52 weeks from the start of the employee's maternity leave or 52 weeks from birth);
  • introducing keeping-in-touch days for employees on shared parental leave (the Government is seeking views on whether or not 10 keeping-in-touch days per parent for shared parental leave is the appropriate number);
  • two different approaches to the right to return to work after shared parental leave (the Government is seeking views on which approach should be followed);
  • making statutory adoption leave and pay available to approved adopters where a child is placed with the adopters in a fostering-to-adopt capacity (the Government is consulting on how it can provide realistic notification for employers of the need to take adoption leave and pay in cases of fostering to adopt where the child is matched and placed with the prospective adopters on the same day); and
  • aligning the notice periods for paternity leave and pay to require fathers, a mother's partner or a secondary adopter to give their employer notice for paternity leave and pay at least 15 weeks before the expected week of childbirth (or, for adopters, within seven days of being matched with a child). 

Further, the Government has proposed that there will be no requirement to provide evidence of the woman's pregnancy to qualify for time off to attend antenatal appointments and that there will be no statutory process for making a request for time off to attend an antenatal appointment (although employers may set their own process if they wish). 

The Government is seeking responses to the consultation by 17 May 2013. It expects to publish its response in late summer. 

The views sought on the issues in the consultation will inform the secondary legislation related to shared parental leave and pay that will be made after the Children and Families Bill has been given Royal Assent. 

Also

The family-friendly chapter of the XpertHR employment law manual includes guidance on the law on Pregnancy and maternity leave, Paternity leave and Adoption leave.