The new and very complex Shared Parental Leave regulations are now in force.
There are some very important procedural requirements for you to take note of; To convert maternity leave into Shared Parental Leave, the mother must give her employer a ‘leave curtailment notice’ (or return to work early) and
- A notice of entitlement and intention to take SPL or
- A declaration of consent and entitlements.
The curtailment notice and one of the documents referred to above MUST be served to the employer at the same time otherwise it is invalid, and the employer will not be able to reclaim pay from the Government.
- A leave curtailment notice must be in writing and must give 8 weeks’ notice of the date on which the mother wants her statutory maternity leave to end.
- The mother may revoke the leave curtailment notice in very limited circumstances.
- Three notices are required to be given by both the mother and Father (or partner) regarding their entitlement and intention to take SPL.
- Requests for continuous periods of leave must be granted by the employer providing the employee has complied with all procedural requirements.
- Requests for discontinuous leave do not have to be granted.
- Only 50 weeks of leave can be shared because the first two weeks of leave must be taken as compulsory maternity leave.
- Both the mother and father (or mother’s partner) can have 20 SPLIT days (days on which they can attend work and be paid without bringing their period of SPL to an end) during their period of SPL. This is in addition to the 10 KIT days that a mother is already entitled to.
We strongly recommend that you attend one of our training courses on Shared Parental Leave regulations as this very complicated new area of law. Click here for details of our events.