The Government has launched a consultation on how the new system for shared parental leave and pay will work and fit together with current arrangements for maternity and paternity leave and adopters. The outcome of the consultation, which closes on 17 May 2013, will influence how the Government legislates under the Children and Families Bill 2013, which includes the proposals for shared parental leave. The document confirms that to avoid confusing the new statutory leave and pay system with the EU derived unpaid parental leave entitlement, the Government have decided to call the new system ‘shared parental leave and pay’. Consultation is taking place on a number of key issues, including the following:
- Whether it would be beneficial to align the notice periods to inform employers of the intention to take statutory paternity leave and pay.
- That to qualify for shared parental leave and pay, both parents (birth or adoptive or intended parents in surrogacy agreements) will be required to follow a two-stage process: (i) an economic activity test that sets a low earnings and labour market attachment threshold for parents; (ii) parents will then need to consider their own employment record to assess whether they qualify individually for shared parental leave and statutory shared parental pay.
- A notification will be required to indicate to employers that eligible parents (birth, adoptive or intended parents in a surrogacy arrangement) plan to opt into the shared parental system. Each employed parent will need to submit this to their own employer.
- Whether parents should have 52 weeks from the start of maternity leave or 52 weeks from the child’s birth date to use the shared parental leave and pay
- Keeping in Touch (KIT) days: the Government proposes to allow up to 10 KIT days per parent during shared parental leave. This will be in addition to the current entitlement of 10 KIT days for mothers on maternity leave.
- How employment protections on the right to return to the same job, should work for shared parental leave, i.e. Option 1: The right to return to the same job would be maintained for employees returning from the first continuous block of leave of 26 weeks or less, or Option 2: The right to return to the same job would be maintained for employees returning from leave that totals 26 weeks or less in aggregate, even if the leave is taken in discontinuous blocks.
In addition, the document confirms that the Government will introduce a statutory 'day one' right for fathers, partners of pregnant women, and certain intended parents of children born through surrogacy to unpaid time off work to attend up to two ante-natal appointments, which it is proposed will be capped at 6.5 hours per appointment. Evidence of a pregnancy will not be required for staff to qualify for time off, and there will be no statutory process for requesting time off to attend ante-natal appointments.
This provides summary information and comment on the subject areas covered. Where employment tribunal and appellate court cases are reported, the information does not set out all of the facts, the legal arguments presented and the judgments made in every aspect of the case. Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, we cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.
