Shared Parental Leave and Pay Planner
Shared parental leave and pay planner(Birth Parents)
February 2018
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Shared Parental Leave and Pay Planner
Contents
Introduction
Summary of key points
How much Shared Parental Leave and/or Pay can be taken?
Mothers must take at least 2 weeks of their maternity entitlement
Paternity Leave
Statutory Paternity Pay
Examples of how Shared Parental Leave can be used
How do I use this Planner?
Shared Parental Leave and Pay Planner
Example of how to use the planner
Introduction
The Shared Parental Leave and Pay Planner (Birth Parents) is part of a suite of tools which are intended to help parents understand and access Shared Parental Leave (SPL) and/or Statutory Shared Parental Pay (ShPP).
The guidance contained in the Planner is not intended to be a definitive statement of the law and if your particular circumstances do not appear to fit with the guidance you should speak to your employer and/or take independent advice.
All of the tools and guidance for birth parents who are thinking of taking SPL and/or ShPP can be found at:
If you are having a babyand plan to take Shared Parental Leave (SPL) or Statutory Shared Parental Pay (ShPP) you can use this planner to plan when you will take the leave and/or pay.
If both parents are eligible for SPL and/or ShPP, you can use this planner to help you decide how to share the available leave and/or pay between you.
References in this document to ‘Maternity Leave’; ‘Shared Parental Leave’; ‘Statutory Maternity Pay’; and ‘Statutory Shared Parental Pay’ relate to statutory entitlements to leave and pay. Employers may offer more generous maternity or parental entitlements which are subject to terms and conditions prescribed by the employer in question. If you employer enhances SPL of ShPP you should check whether you need to meet any additional conditions to be eligible for the enhanced occupational scheme(s).
You can use the Eligibility Checklists (Birth Parents) to see if you are eligible for SPL and/or ShPP. Further information on SPL and ShPP is contained in the Parents’ Guide to Shared Parental Leave and Pay.
Summary of key points
Shared Parental Leave (SPL) and Statutory Shared Parental Pay (ShPP) enable eligible parents to share up to 50 weeks of leave and up to 37 weeks of pay in the first year.
In the case of birth parents the SPL and/or ShPP must be taken by the child’s 1st birthday. Any SPL and ShPP that has not been taken by this time cannot be carried over to future years and will be lost.
If the parent is eligible for ShPP they will receive the lower of 90% of their average earnings or the statutory flat rate (£140.98 in 2017-18) for each week that they claim ShPP. The ShPP is paid to employee by their employer.
Employers may, at their own discretion, offer more generous occupational packages, for example, they may offer more weeks of occupational SPL and/or enhance ShPP to an earnings related rate of pay (i.e. provide occupational ShPP). Parents should check if their employer offers an occupational package.
SPL and ShPP are very flexible. Both parents can each take up to 3 blocks of SPL and/or ShPP (more if their employer allows) and are able to return to work between periods of SPL, e.g. to complete a particular project or undertake training, if they wish.
Parents can be off work together for up to 6 months (including two weeks of Paternity Leave) and/or alternatively stagger their leave and pay so that one of them is always at home with their child in the first year.
Parents can apply for SPL and/or ShPP whilst the mother is still off work on Maternity Leave (ML) or before she goes off work on ML. They can also apply once the mother has returned to work providing that she still has not used all of her entitlement to 52 weeks of ML and 39 weeks of Statutory Maternity Pay (SMP).
To qualify for SPL or ShPP each of the child’s parents must meet certain conditions as the scheme applies to couples. Parents can check if one or both of them is eligible for SPL or ShPP using the Eligibility Checklists on Gov.UK.
To qualify for and take SPL and/or ShPP a parent needs to provide their employer with certain information in the form of written notices and declarations. Parents can give the required information to their employer using the Model Notices and Declarations on Gov.UK if they wish. (Some employers may prefer parents to use the employers own ‘application forms’. There is no legal requirement for parents to do this but parents should check whether this would be convenient for them and their employer).
Where do Shared Parental Leave and Statutory Shared Parental Pay come from?
If the mother does not intend to use all of her maternity entitlement she can end or commit to ending this early to ‘create’ Shared Parental Leave (SPL) and/or Statutory Shared Parental Pay (ShPP) for herself and/or the father/partner to take.
Note: the entitlement to SPL and/or ShPP only arises where the mother is willing to give up some of her maternity entitlement. The leave and pay is not in addition to the mother’s maternity entitlement – it is simply another (more flexible) way of using the mother’s maternity entitlement.
How much Shared Parental Leave and/or Pay can be taken?
Up to 50 weeks of Shared Parental Leave (SPL) and up to 37 weeks of Statutory Shared Parental Pay (ShPP) are potentially available, but any weeks of Maternity Leave (ML), Statutory Maternity Pay (SMP) or Maternity Allowance (MA) taken by the mother will reduce the ‘pot’ of SPL and/or ShPP that is potentially available.
Similarly any weeks of SPL and/or ShPP taken by one parent will reduce the ‘pot’ of SPL and/or ShPP that is available for the child’s other parent to take or for the parents to take at a later date.
Mothers must take at least 2 weeks of their maternity entitlement
For health and safety reasons, mothers who qualify for Maternity Leave (ML) must take at least 2 weeks of Compulsory Maternity Leave immediately after birth (4 weeks if they work in a factory or workshop) before starting any Shared Parental Leave (SPL) – so a maximum of 50 weeks of SPL can be ‘created’ (52 weeks less 2 weeks of ML).
The father/partner can start their SPL as soon as the child has been born and whilst the mother is still on ML if they wish providing that the mother has committed to end her ML early (i.e. take less than 52 weeks of ML) by giving her employer a ‘Maternity Leave Curtailment Notice’. Fathers/partners may wish to take Paternity Leave (PL) before starting their SPL
If the mother does not qualify for ML, she can end her Statutory Maternity Pay (SMP) early (i.e. take less than 39 weeks of SMP) to ‘create’ SPL for an employed father/partner to take but the date on which the SMP ends needs to be at least 2 weeks after the birth – so a maximum of 50 weeks of SPL can be ‘created’ (52 weeks less 2 weeks of SMP).
A mother who does not qualify for ML or SMP can ‘create’ SPL for an employed father/partner to take proving that the mother has committed to end her Maternity Allowance (MA) early (i.e. take less than 39 weeks). If she wishes to do this she must notify Jobcentre Plus.
This is why a maximum of 50 weeks of SPL (52 weeks of ML minus the 2 weeks of Compulsory Maternity Leave or 2 weeks of SMP) are available.
A mother can end her SMP early to ‘create’ ShPP for herself or the father/partner to take but the date on which the SMP ends needs to be at least 2 weeks after the birth – so a maximum of 37 weeks of ShPP can be created (39 weeks less 2 weeks of SMP).
A mother who does not qualify for SMP can ‘create’ SPL for an employed father/partner to take proving that the mother has committed to end her Maternity Allowance (MA) early (i.e. take less than 39 weeks). If she wishes to do this she must notify Jobcentre Plus.
Paternity Leave
Fathers and partners who are eligible for Shared Parental Pay (SPL) will also be eligible for Paternity Leave (PL) - which must be taken within the first 8 weeks of the child’s birth.
PL taken by the father/partner will not reduce the total amount of SPL that is available but the PL must be taken before the father/partner starts SPL (the entitlement PL will be lost if the father/partner takes SPL first).
Statutory Paternity Pay
Fathers and partners who are eligible for Statutory Shared Parental Pay (ShPP) will also be eligible for Statutory Paternity Pay (SPP) - which must be taken within the first 8 weeks of the child’s birth.
SPP taken by the father/partner will not reduce the total amount of ShPP that is available but the SPP must be taken before the father/partner starts ShPP (the entitlement SPP will be lost if the father/partner takes ShPP first).
Examples of how Shared Parental Leave can be used
•Both parents can be off work on Shared Parental Leave (SPL) at the same time if they wish.
•Fathers/partners can start their SPL whilst the mother is still on Maternity Leave.
•Parents can stagger their SPL so that one of them is always at home with their child in the first year.
How do I use this Planner?
Step 1: Print the planner and discuss your plans with your child’s other parent.
Step 2: In Column A - Mark the weeks the mother wants to take as Maternity Leave (ML) and remember to include the 2 weeks of Compulsory Maternity Leave which must be taken immediately after birth. If the mother does not qualify for ML, mark the weeks of Statutory Maternity Pay (SMP) or Maternity Allowance (MA) she will take (again remember that the mother must take at least 2 weeks of Statutory Maternity Pay (SMP) and Maternity Allowance (MA) before take Shared Parental Leave (SPL) and/or Statutory Shared Parental Pay (ShPP).
Step 3: In Column C - Mark the weeks the mother wants to take as SMP or MA. Take the number of weeks away from 39 to give you the total weeks of ShPP that are available.
Step 4: Use Column A and B to plan when you will take SPL and how you will share the available weeks of SPL between you (if applicable). Remember eligible parents can take time off work together or at different times if they wish.
Step 5: Use Column C and D to plan when you will take ShPP and how you will share the available weeks of ShPP between you (if applicable).
Shared Parental Leave and Pay Planner
Name: / Staff/payroll number:LEAVE / PAY
ML= Maternity Leave
SMP = Statutory Maternity Pay
SPL= Shared Parental Leave / SMP= Statutory Maternity Pay
MA = Maternity Allowance
ShPP = Statutory Shared Parental Pay
COMBINED TOTAL (excluding Paternity Leave) MUST NOT EXCEED 52WEEKS / COMBINED TOTAL (excluding Statutory Paternity Pay) MUST NOT EXCEED 39WEEKS
Weeks before birth / Column A / Column B / Column C / Column D
Mother / Father or partner / Mother / Father or partner
11
10
9
8
7
6
5
4
3
2
1
Birth Date
1 / Compulsory
2 / Compulsory
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
Total no of weeks / A + B = no more than 52 weeks / C + D =no more than 39 weeks
Note: Only add up weeks of Shared Parental Leave and Pay and Maternity entitlements. The combined total excludes Paternity Leave and Pay.
Example of how to use the planner
In the example, the mother intends to take 4 weeks of Maternity Leave (ML) and 4 weeks of Statutory Maternity Pay (SMP) before birth and 2 weeks Compulsory ML (and SMP) after birth. The father/partner takes 2 weeks of Paternity Leave and Pay at the same time that the mother is on Compulsory ML.
Note:Paternity Leave and Pay has to be taken in the 8 weeks immediately following birth. If the father/partner starts SPL and/or ShPP before they have taken Paternity Leave and/or Pay they will lose their entitlement to Paternity Leave and/or Pay but will still be able to take SPL and ShPP.
The mother decides to end her ML after 6 weeks to ‘create’ 46 weeks of Shared Parental Leave (SPL) and end her SMP after 6 weeks to ‘create’ 33 weeks of Shared Parental Pay (ShPP) for herself and the father/partner to share.
Note:ShPP is paid at the same rate as the last 33 weeks of SMP at £140.98 or 90% of average weekly earnings (whichever is lower). SMP is paid at 90% of the mother’s average weekly earnings (with no upper limit) for the first 6 weeks.
The couple decide to take 3 blocks of SPL and ShPP each, returning to work in between. The parents take some time off work together and then take SPL and/or ShPP separately so that one of them is at home with their child while the other is at work.
Example of how to use the Planner
Name: / Staff/payroll number:LEAVE / PAY
ML= Maternity Leave
SMP = Statutory Maternity Pay
SPL shared parental leave / SMP = Statutory Maternity Pay
MA = Maternity Allowance
ShPP = Statutory Shared Parental Pay
COMBINED TOTAL (excluding paternity leave) MUST NOT EXCEED 52WEEKS / COMBINED TOTAL (excluding paternity pay) MUST NOT EXCEED 39WEEKS
Weeks before birth / Column A / Column B / Column C / Column D
Mother / Father or partner / Mother / Father or partner
11
10
9
8
7
6
5
4 / ML / SMP
3 / ML / SMP
2 / ML / SMP
1 / ML / SMP
Birth Date
1 / Compulsory ML / Paternity Leave / SMP / Paternity Pay
2 / Compulsory ML / Paternity Leave / SMP / Paternity Pay
3 / Mother takes / Partner takes / Mother takes 10 / Partner takes
4 / 10 weeks of SPL / 12 weeks of SPL / weeks of / 12 weeks of
5 / ShPP / ShPP
6
7
8
9
10
11
12
13 / Mother returns / Mother returns
14 / to work / to work
15 / Mother’s 2nd / Partner returns / Mother’s 2nd / Partner returns
16 / Block: / to work / Block: / to work
17 / 6 weeks of SPL / 6 weeks of ShPP
18
19
20
21 / Mother returns / Partner’s 2nd Block / Mother returns / Partner’s 2nd Block
22 / to work / : 6 weeks of SPL / to work / : 5 weeks of remaining ShPP
23
24
25
26
27 / Mother’s 3rd / Mother’s 3rd
28 / Block : 7 weeks / Block: No ShPP
29 / of SPL / remaining
30
31
32 / Partner’s 3rd Block / Partner’s 3rd Block:
33 / : 5 weeks of SPL / No ShPP remaining
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
Total no of weeks / A + B = no more than 52 weeks / C+ D =no more than 39 weeks
Note: Only add up weeks of Shared Parental Leave and Pay and Maternity entitlements. The combined total excludes Paternity Leave.
A [Maternity Leave (6 weeks) + SPL taken by mother (23 weeks)] +
B[SPL taken by partner (23 weeks)] = 52 weeks
C [Statutory Maternity Pay (6 weeks)+ ShPP take by mother (16 weeks)]+
D [ShPP take by partner (17 weeks)] = 39 weeks
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Shared Parental Leave and Pay Planner
© Crown copyright 2018Department for Business, Energy & Industrial Strategy
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