University of Salford SHARED PARENTAL LEAVE POLICY, V.1.2

University of Salford SHARED PARENTAL LEAVE POLICY, V.1.2

Shared Parental Leave Policy

Effective from 5th April 2015

Version Number: 1.2

Author(s): Learning & Development Manager

Human Resources

1.0  Purpose

1.1  This policy outlines both the University’s and the Employee’s rights and obligations in relation to Shared Parental Leave and Shared Parental Pay following legislation introduced through the Children and Family Act 2014 and effective from 1st December 2014.

1.2  It does not form part of employees’ contract of employment and the University may amend the policy from time to time as a result of legislative or commercial requirements.

2.0  Scope

2.1  This policy applies to all employees who are eligible to receive Shared Parental Leave and Pay where they are expecting the birth or adoptive placement of a child on or after 5 April 2015. This includes permanent, fixed term, hourly paid, term time employees etc. Agency staff at the University are not classified as employees and should seek advice from their agency. Line managers are responsible for applying the policy.

2.2  This policy is intended to cover general principles and standard situations in which Shared Parental Leave and Pay may be available. If special circumstances apply which are not covered in this policy the line manager and employee should seek advice directly from HR.

3.0  What is Shared Parental Leave and Pay?

3.1  Shared Parental Leave and Shared Parental Pay is legislation which enables parents to take leave flexibly in the first year of a child’s life/placement for adoption.

3.2  Up to 50 weeks of Shared Parental Leave and up to 37 weeks of Shared Parental Pay can be shared between two parents following the birth or adoptive placement of their child.

3.3  Shared Parental Leave can be taken as one continuous period of leave or in blocks of leave at different times (known as discontinuous leave), although it must be taken in multiples of complete weeks. As an example, an employee could not request to take one day a week off, but they could request to take every other week or longer blocks of time; such as 3 months immediately after the birth followed by another 3 months later that year.

3.4  Subject to certain requirements, see section 4.0, both parents can allocate Shared Parental Leave and Pay between them as they wish. They can choose to be on leave separately or at the same time. There is however no legal requirement for both eligible parents to take leave; they may jointly choose to switch to Shared Parental Leave to gain the flexibility for one parent to take leave in blocks of time, rather than continuously.

3.5  Shared Parental Leave can be taken in addition to the right to Paternity Leave (i.e. 1 or 2 weeks of leave after the birth). However if a parent takes Shared Parental Leave before they take Statutory Paternity Leave then they lose that entitlement to Paternity Leave.

3.6  There is no increase in Shared Parental Leave or Pay entitlement for multiple births.

3.7  Shared Parental Leave and Pay must all be taken before the child’s first birthday/first anniversary of placement for adoption.

3.8  Employees can make up to 3 Shared Parental Leave requests. A request to change the pattern or alter the dates previously agreed, either before or during the leave period will count as one such request. Employees must provide 8 weeks of notice per request.

4.0  Eligibility

4.1  The two people sharing Shared Parental Leave and Pay should be the mother/adopter and one of the following: the father of the child (in the case of birth), or the spouse, civil partner or partner of the mother/adopter. They must both have main responsibility for care of the child at the time of birth or placement.

4.2  Both parents must satisfy certain conditions in order to be eligible and take Shared Parental Leave (confirmed through self-declaration). These are specified in Appendix 1 and include the ‘Employment and Earnings’ test and the ‘Continuity of Employment’ test.

4.3  If only one parent is eligible, the eligible parent can take Shared Parental Leave but it cannot be shared with the partner.

5.0  Terms and Conditions during Leave

5.1  The terms and conditions of employment continue during Shared Parental Leave except those in relation to remuneration.

5.2  If an employee is entitled to statutory Shared Parental Pay, this will be paid at the statutory rate of pay applicable at that time.

5.3  Employer and employee pension contributions during Shared Parental Leave will be based on the terms of the particular pension scheme that an employee is a member of. Employees should seek advice on their circumstances from the Pension’s Officer in the Finance Division.

5.4  Employees will have the option to pay additional pension contributions to cover the period of unpaid Shared Parental Leave once they have returned to work. This can be arranged via the Pensions Officer.

5.5  The University does not make National Insurance contributions on an employee’s behalf during Shared Parental Leave. Employees who are concerned that the break in payments may affect their state benefits or pension, are advised to contact HM Revenue and Customs, who will advise as to whether they will need to pay additional voluntary contributions to ensure that their benefits/pension are not affected. See https://www.gov.uk/check-national-insurance-record

5.6  Employees who participate in the University’s BenefitsPlus scheme for childcare vouchers or other purposes should notify payroll if they wish to cease/adjust BenefitsPlus arrangements and payments whilst on Shared Parental Leave.

5.7  Annual leave will continue to be accrued by an employee whilst on Shared Parental Leave. It is expected that an employee, where possible, will take their annual leave entitlement during the annual leave year in which it has been accrued.

5.8  Statutory or customary holidays and University closure days which fall during a Shared Parental Leave period will be awarded as days in lieu on the employee’s return to work. For part time employees these will be awarded pro-rata.

5.9  Sick leave cannot be taken whilst on Shared Parental Leave.

6.0  Keeping in Touch during Shared Parental Leave

6.1  SPLIT (‘Shared Parental Leave in Touch’) days are days where employees on Shared Parental Leave can come into work to keep in touch with workplace activities without formally ending their leave. Up to 20 SPLIT days are available per parent; these are in addition to the 10 KIT (‘Keeping in Touch’) days available for maternity/adoption leave. KIT days unused when the mother/primary adopter curtails their maternity/adoption leave cannot be carried forward.

6.2  SPLIT days are unpaid and employees will therefore not be remunerated for taking these.

6.3  Employees should arrange to take SPLIT days directly with their line manager.

7.0  Returning to Work

7.1  If returning to work after taking family leave (i.e. maternity leave, adoption leave, paternity leave and Shared Parental Leave) which amounts to 26 weeks or less in total, an employee has the right to return to the same job.

7.2  If returning to work after taking family leave (i.e. maternity leave, adoption leave, paternity leave and Shared Parental Leave) which amounts to more than 26 weeks in total, an employee has the right to return to the same job unless not reasonably practicable; in which case the employee is entitled to return to a suitable and appropriate alterative role on no less favourable terms and conditions, where one exists (except where it is not practicable to continue to employ due to redundancy).

7.3  Full-time employees who wish to return to work part-time or flexibly after taking Shared Parental Leave must submit a request to the line manager in accordance with the University’s Flexible Working Scheme. This can be submitted in advance of the return to work if the employee is asking for the part-time/flexible working to be effective upon return.

7.4  Provision will be made for breastfeeding mothers who wish to express milk or directly feed their baby upon their return to work after Shared Parental Leave or between separate blocks of Shared Parental Leave. This will be arranged by the line manager if required.

8.0  Choosing Not to Return to Work

8.1  If an employee does not wish to return to work after a period of Shared Parental Leave, he/she must submit their resignation to their line manager as soon as they have decided.

8.2  There is no requirement for an employee to repay Shared Parental Pay if he/she decides not to come back to work.

8.3  Any occupational maternity or adoption pay received prior to taking Shared Parental Leave must be repaid if the employee does not return to work, or is not back in work for a total of 3 months after taking maternity, adoption or shared parental leave.

9.0  Applying the Procedure

9.1  The procedure starts when an eligible employee decides to apply for Shared Parental Leave and ends when the employee has returned to work after the leave, or decides not to take it.

10.0  Start of Procedure: Submitting a Curtailment Notice

10.1  In order for an employee or their partner to take Shared Parental Leave and Pay, maternity or adoption leave (and pay) must first be curtailed. The employee entitled to maternity/ adoption leave should issue their employer with a curtailment notice stating the date on which the maternity/adoption leave will end. If this is an employee of the University, the ‘Maternity/Adoption Leave Curtailment Notice’ form should be used. This must be submitted at least 8 weeks before the intended start of any period of Shared Parental Leave. Curtailment is not necessary if an employee’s maternity/adoption leave has already ended.

10.2  There is a compulsory 2 week period of maternity/adoption leave immediately after the birth/placement of the child. Maternity/adoption leave cannot be brought to an end until after this 2 week period, and it must come to an end at least 1 week before the end of the overall maternity/adoption leave period.

10.3  The period of maternity/adoption leave will come to an end on the date set out in the curtailment notice, and cannot ordinarily be revoked. However, if a curtailment notice has been submitted before the child’s birth or placement, the mother/primary adopter can revoke the notice in writing to their employer up to 6 weeks after the birth or placement. The mother/primary adopter would then be entitled to access Shared Parental Leave at a later date by submitting a second curtailment notice.

11.0  Opting in to Shared Parental Leave

11.1  At least 8 weeks before the first period of Shared Parental Leave the employee must submit a ‘Notice of Entitlement and Intention to take Shared Parental Leave’ to their line manager to confirm their eligibility.

11.2  The University must also receive a declaration notice from the other parent. The employee should ask the person with whom they are sharing the leave to complete the most relevant form; either the ‘Declaration to Accompany a Mother/Adopter’s Notice of Entitlement’ form or the ‘Declaration to Accompany a Father/Adopter’s Notice of Entitlement’. The completed form should be submitted alongside the notice of entitlement.

11.3  It is an employee’s responsibility to ensure that accurate information is provided to the University in all submitted forms. If an employee knowingly takes more Shared Parental Leave or Pay than he/she is entitled to, the University will take this seriously and reserves the right to take action under its Disciplinary Policy. Further advice can be provided by HR.

12.0  Requesting periods of Shared Parental Leave

12.1  The ‘Request for Shared Parental Leave’ form should be completed and submitted to the line manager to formally request leave. The employee can request either one period of continuous leave or blocks of discontinuous leave in the same notice.

12.2  The request form should be submitted at least 8 weeks before the start of the leave/first leave period. An employee can submit this alongside the Notice of Entitlement if they wish.

12.3  Special rules apply if leave is requested before a child’s birth whereby the notice can ask for leave to start on, or a specified number of days after, the child’s birth, and finish on a date which is a specified number of days after the child’s birth.

12.4  An employee can make three requests for Shared Parental Leave in total. If a request is submitted and subsequently withdrawn this will not count towards the three.

13.0  Responding to requests for Shared Parental Leave

13.1  If a single period of continuous leave is requested, the employee is entitled to take this leave as requested. The line manager will respond in writing within 14 days of when the request was submitted to confirm acceptance of the request.

13.2  If more than one period of leave is requested in the same notice (a discontinuous request), the line manager will assess the feasibility of the request and will respond after full consideration. There are three possible responses; the line manager could:

·  (i) Agree to the leave, in which case the leave periods will be confirmed in writing within 14 days of the request.

·  (ii) Suggest an alternative pattern of leave/dates, explaining to the employee why the requested pattern would not work for the business. It is likely that this will be followed by discussions between the line manager and employee with a view to reaching agreement on an alternative – whether the proposed suggestion or another pattern.

·  (iii) Refuse the leave.

13.3  If alternative dates/patterns are agreed between the line manager and employee then the manager will confirm this arrangement in writing within 14 days of the date of the request.

13.4  If alternative dates are not agreed, or the request is refused outright, then the default is that the employee is required to take the total number of weeks requested as Shared Parental Leave in one continuous block, starting on the first date of the first block of requested leave.

13.4.1  The employee has 19 days from the date of the request to advise their line manager if they would like this continuous period of leave to begin on a different start date; as long as there is at least 8 weeks’ notice of this new start date.