Family Leave - Shared Parental Leave

You might come across some terms which you’re unfamiliar with whilst reviewing this policy. To help, we’ve summarised these key terms for your reference:

Who is eligible for ShPL?

Both partners must share parental responsibility for the child, as follows:

• One partner must be the child’s mother or the ‘primary person’ in an adoption; and
• The other partner must be the child’s father, the ‘other person’ in an adoption or the mother’s partner, who will share main childcare responsibility with them.

Earnings and service criteria must also be met, as follows:

• You must have 26 weeks continuous service with our co-op at the Qualifying Week (or at the week you're matched with a child, in the case of adoption); and
• The other parent must have worked at least 26 weeks of the 66 weeks before the Expected Week of Confinement (or at the week the child was placed with you, in the case of adoption). This can be on an employed or self-employed basis. They must have had weekly earnings averaging £30 during 13 of these weeks.

You and the other parent must fulfil notice and other statutory requirements, detailed as follows.

How much time off am I entitled to?

There is a total of 52 weeks ShPL available, but this is reduced by any period the mother or ‘primary person’ in an adoption is:

• On maternity / adoption leave; or
• In receipt of statutory maternity pay (SMP), statutory adoption pay (SAP) or maternity allowance (MA).

The mother must take the compulsory two-week period of maternity leave immediately after the birth (the ‘primary person’ in an adoption must also take the same period of leave), reducing the maximum total period available to 50 weeks. This compulsory period may increase to 4 weeks if you are the birth mother and work at H.L. Perfitt, depending on your role, reducing the maximum total period to 48 weeks. The other parent is still entitled to two weeks paternity leave, subject to eligibility. They may consider taking this prior to any ShPL, as once ShPL starts any paternity leave entitlement will be lost.

How do I notify you if I would like to take ShPL (‘opt in’)?

You can confirm you would like to ‘opt-in’ via Zellis Employee Self Service (Your Family Leave > Shared Parental Leave Request). You should do this at least 8 weeks before you would like ShPL to commence. If you’re the child’s mother or the ‘primary person’ in an adoption, you’ll need to confirm the end of your maternity / adoption leave at the same time (known as a ‘curtailment notice’). Please remember your maternity / adoption leave can only end after the compulsory period. If your partner is taking ShPL, we will need a written declaration that their employer has also received an opt-in notice and the necessary declarations have been made. Your partner may take ShPL before your maternity / adoption leave ends but only if we’ve received your curtailment notice.

If you are the partner, you will be unable to start ShPL if the mother or ‘primary person’ in an adoption is still on maternity / adoption leave or claiming SMP, SAP or MA unless they:

• Have returned to work;
• Have given a curtailment notice to their employer to end their maternity / adoption leave;
• Have given a curtailment notice to their employer to finish their SMP/SAP; or
• Have given the Department of Work and Pensions (DWP) a curtailment notice to end their MA.

When you notify of us of your request, you'll be asked to provide a copy of the child’s birth certificate or adoption / matching certificate. If the child is not yet born, we will ask for a copy of the MATB1 form and may still ask for the aforementioned certificates within 14 days of the child’s birth / adoption. We will also request contact details for your partner’s employer, as applicable. For clarity, if you do nothing or do not meet the notice requirements, the default position will be maternity / adoption / paternity leave, as applicable / eligible. If you would like to speak with somebody prior to submitting the above forms or information, you can have a chat with your line manager or contact the People Team.

How can I use ShPL?

You are entitled to take a single continuous ‘block’ of ShPL, but we will consider up to 3 ‘period of leave’ notices / requests (of a minimum of one week per block). It’s advisable to start chatting to your line manager about what you might like to do at the earliest opportunity. When you request ShPL in Zellis Employee Self Service, you’ll be asked to provide the start and end dates for the period(s) of leave you would like to take, along with confirmation of the period(s) of ShPL your partner will be taking. If you would like ShPL to start after your / your partner’s paternity leave has finished (where you might not know when this will be), you may provide us with the number of days after the birth you would like this to start, as opposed to specific dates. If you would like to take ShPL in the eight weeks following the baby’s birth, but you’ve been unable to provide 8 weeks’ notice as your baby arrives early, you must provide us with your opt-in notice and ‘period of leave’ notice / request as soon as possible.

How are requests for ShPL blocks considered?

Where you are requesting separate blocks of ShPL, we will confirm whether this can be accommodated (either immediately, or during a 2-week period of consideration). If we can’t reach agreement, you can take all the ShPL you requested in one continuous block instead, beginning on the start date of the first period of ShPL you originally requested. Alternatively, you can:

• Withdraw your request within 2 days of this 2-week period ending. This then won’t count as a ‘period of leave’ notice / request and you can submit a new one, if you would like; or
• Choose a new start date and let us know what this is within 5 days of this 2-week period ending. The new start date must be at least eight weeks after the start date of the first period of ShPL you originally requested.

Can I cancel or change my ShPL request once its been agreed?

• If you want to cancel a block of ShPL, you must provide 8 weeks’ notice ahead of the block’s start date.
• If you want to change the start date for a period of ShPL, you must provide 8 weeks’ notice ahead of the earlier of the original or revised start date. The same applies where you wish to change the end date.
• If you wish to split a continuous period of ShPL in to (up to) 3 blocks, you will need to advise us of the revised start and end dates. We may not be able to agree to this but will approach it in the same way as if you’d asked for this in the first instance.
• If you wish to combine blocks of ShPL into one continuous period, you will need to advise us of the revised start and end dates.

Where you submit a notice to change or cancel a block of ShPL, this will still count as one of your 3 ‘period of leave’ notices / requests. The exceptions to this are when:

• The change arises because your baby was born earlier or later than the Expected Week of Confinement;
• We ask you to make the change; or
• You cancel a request for separate blocks of leave within 2 days of the 2-week discussion period ending (as aforementioned).

If you have unused entitlement and want to extend a period of ShPL, you must provide 8 weeks’ notice before the date this was originally meant to end. You won’t be able to do this without our agreement if you have already made 3 requests to book a block of ShPL, including requests to change dates. If it isn’t agreed, you could explore alternative options like Ordinary Parental Leave (please see Absence from Work) or holiday with your line manager instead.

What if I need to change my ShPL dates because my baby is born early?

If your baby is born early and you had ShPL booked for the 8-week period following the Expected Week of Confinement, you can move this period forward by the relevant number of days.

Can I change my mind and not take ShPL at all?

The curtailment notice (submitted by the mother or ‘primary person’ in an adoption) is binding and can only be revoked if the maternity / adoption leave is yet to finish and one of these conditions are met:

• You discover that neither you nor your partner are eligible for ShPL or Shared Parental Pay (SPP). In this case, you have 8 weeks from when it was submitted to revoke the curtailment notice;
• The curtailment notice is provided before the day the baby was born or date the child is placed with you and you revoke this in writing during the six weeks following this date*; or
• In the sad event that the child’s other parent dies.

In these events, maternity / adoption leave will continue and paternity leave can still be taken (if it hasn’t already).

*In this event, you are also able to opt back in to the ShPL scheme again at a later date, should you wish to do so.

Do I accrue holiday whilst I am on ShPL?

Yes.

Can I take holiday before my ShPL starts or alongside it?

You should use any outstanding and accrued holiday before commencing ShPL. You can also request to take any accrued holiday between ShPL blocks. Please discuss your request with your line manager.

Do the terms & conditions of my employment continue whilst I’m on ShPL?

You’ll continue to receive your contractual benefits whilst you are on ShPL. Please see the 'Returning to Work' section below for further details regarding your job role with our co-op.

My baby was born early and requires neonatal care. Do you offer any additional support?

For each full week that the baby is in neonatal care, we will grant an additional week’s leave and pay, up to a maximum of two weeks. Please advise your line manager orthe People Team as soon as possible should these circumstances apply to you. You do not need to meet any service or earnings criteria to be eligible for this leave and pay. Please note that we are unable to ‘interrupt’ ShPL to grant this additional paid leave. In this instance, this additional paid leave will be administered at the end of your ShPL block.

In this example, both parents take shared parental leave at the same time after their periods of maternity / adoption and paternity leave:

In this example, the parents alternate leave but take their final 5-week block together at the end:

How much pay am I entitled to?

You may receive Shared Parental Pay (ShPP), dependent on eligibility.

How do you calculate who is entitled to ShPP?

The criteria is set by the Government. You must meet the criteria for shared parental leave and, in the 8-week period prior to your Qualifying Week (or the week in which the child is matched with you, for adoption), your average weekly earnings must be at or above the National Insurance Lower Earnings Limit (currently £123 per week). You must be employed by us when the period of ShPL is taken.

How much is ShPP?

The standard rate of ShPP is set by the Government. It is currently £172.48 per week or 90% of your average weekly earnings (whichever is lower). There are 39 weeks ShPP available, less any weeks that statutory maternity / adoption pay has already been paid. So, if two parents take 10 weeks maternity and 2 weeks paternity leave (and receive SMP and SPP) between them before going on to ShPL, there will be 29 weeks ShPP remaining for them to share.

Do you offer enhanced Occupational ShPP?

No. Please refer to our Maternity, Paternity, Adoption and Surrogacy policies (as applicable) for details of occupational maternity, paternity and adoption pay. It may be in your interests to take advantage of the enhanced terms offered before moving to ShPL and ShPP. However, please remember that we will grant up to an additional two weeks leave and pay if you have a baby who requires neonatal care. This will be paid at 90% of your average weekly earnings.

Will you tell me what I will be paid whilst I am on ShPL?

We will write to you within 28 days (of the latter) of you requesting ShPL and / or providing the necessary information (e.g. partner’s employment declaration, curtailment notice) to confirm your period of leave and pay arrangements. If you don’t qualify for ShPP, we’ll explain the reasons why. If both partners are not eligible for both ShPL and ShPP, then you will not be able to take ShPL. Remember, that the default position will then be maternity / adoption / paternity leave and pay, as applicable / eligible. 

We do appreciate that ShPL and ShPP can be confusing! Therefore, we’re happy to have an initial discussion with you and provide some provisional details before you make a formal application (and curtail your maternity / adoption leave, where applicable). Please contact the People Team.

Is ShPP paid in the same way as my normal wages?

Yes, it is paid through the payroll as normal (4-weekly). Tax and National Insurance deductions will be deducted, as applicable.

What happens to my pension contributions whilst I’m on ShPL?

If you are a participating member of the Royal London Stakeholder Scheme, employee and employer contributions will continue to be paid into the Scheme based on your normal basic pay for the duration of your paid period of shared parental leave. We will ‘top up’ these contributions to Royal London, as appropriate.

Let’s take our earlier examples and look at how these arrangements could work in terms of ShPP:

What contact will I have with work whilst I am on ShPL?

Your line manager will meet with you prior to your ShPL (particularly if you’re taking a reasonably long period of leave). This is a great opportunity to discuss any outstanding queries or concerns you might have. They will also talk to you to mutually agree the level of contact you would like to have whilst you’re away from work (e.g. a monthly phone call for a ‘chat’).

What are ‘Keeping in Touch’ days?

During this meeting, your line manager will also talk to you about the option of working up to 20 days during your period of ShPL, known as SPLIT days. These are sometimes important for reasons such as keeping a qualification valid, to attend key meetings or training days, but some colleagues just enjoy working once in a while to ‘keep their hand in’! Any time worked is considered a SPLIT day. For example, if you attend a 1-hour meeting and don’t do any other work on that day, this will still be considered as one of your SPLIT days.

You don’t have to work any SPLIT days if you don’t want to, but be assured that working a SPLIT day won’t affect the continuity of your shared parental leave or pay. If you do work a SPLIT Day, you’ll maintain your ShPP or be paid your normal pay for any time worked (whichever is greater). Please note that SPLIT days are in addition to the 10 KIT days somebody on maternity / adoption leave is entitled to.

You can request to work a SPLIT day at any time during your ShPL by speaking to your line manager or via Zellis Employee Self Service (Your Family Leave > KIT/SPLIT Day(s) Request).

Can I look for and apply for jobs whilst I’m on ShPL?

Yes, you can browse current vacancies at our co-op on our careers website, where you can also make an application.

How do I let you know when I will be returning from ShPL?

If you are taking one block of ShPL, you should confirm your return to work in Zellis Employee Self Service (Your Family Leave > Intention to Return to Work). Remember you need to give us 8 weeks’ notice if you intend to return earlier than requested / agreed. If you would like to speak with somebody prior to submitting the form, you can have a chat with your line manager or contact the People Team. If you are taking 2-3 blocks of ShPL, we won’t require you to complete this form and you will be expected to return to work on the agreed date.

Will I have a return to work meeting?

If you have had an extended period of absence under ShPL, your line manager will contact you to arrange a time to discuss your return to work (this can take place over the phone too, if easier). We will treat this ‘welcome back’ meeting as a SPLIT day so you’ll be paid accordingly. You don’t have to attend this meeting, but it is there to support you.

Will I return to the same job?

You are entitled to take up the same job you had before your ShPL, if your total period of leave (including any maternity / adoption / paternity leave) is 26 weeks or less. If your total period of leave exceeds 26 weeks (consecutive or otherwise), you may be offered a similar job if it’s not reasonably practicable for you to resume your previous role. The terms and conditions of this role will not be less favourable. If there are any major changes to the business during your period of ShPL (e.g. a restructure), we will contact you to discuss these further, as appropriate.

(Mothers) If your job is one that is identified as posing a risk to your health and safety as a new mother, or because you may be breastfeeding, we will notify you and discuss a risk assessment with you.

Can I use my holiday to take extend my period of leave?

Yes, you should use any holiday you have accrued during your period of ShPL before returning to work. You cannot take holiday whilst being on a period of ShPL leave / pay, so you might request to take some holiday at the end of a lengthier period of ShPL or between blocks, as aforementioned. Please discuss this during your welcome back meeting (or with your line manager via other means / at an earlier opportunity).

I would like to return to work but I might need some changes, like different working hours. What should I do?

We understand that your circumstances have changed. We’re committed to exploring any changes to your working arrangements you may need to enable you to return to work and to balance your commitments. You may have already started discussing this with your line manager during any contact you’ve had with them whilst you’ve been on adoption leave. You can view our flexible working policy, including details of how to make a request here, Flexible Working. It is important to point out that if you intend to make a flexible working request, we have up to three months to handle your application. Whilst, in the vast majority of cases, we will respond much quicker than this, it’s important to bear this in mind, especially if you’ll need different working arrangements immediately on your return.

(Mothers) I’ll be breastfeeding on my return from ShPL. Is there anything you can do to support me?

There might be options which would help, including different working hours, a private space to express, additional breaks, etc. These can depend on your workplace / working arrangements, so please discuss this with your line manager.

I won’t be returning to work. What do I need to do?

Please let your line manager know as soon as possible, giving notice as required by your contract of employment. You’ll be processed as a leaver in the normal way and, on the first available payday after your leave date, you’ll receive any monies due (including payment for any accrued and outstanding holiday). Please see Leaving our Co-op for more information.