Shared Parental Leave Policy and Procedure

1. Introduction

This policy sets out the rights of employees to shared parental leave and pay.
Shared parental leave is a type of leave that is available to parents with babies due on or after 5 April 2015. Shared parental leave enables mothers to commit to ending their maternity leave and pay at a future date, and to share the untaken balance of leave and pay as shared parental leave and pay with their partner, or to return to work early from maternity leave and opt in to shared parental leave and pay at a later date.

Employees will be entitled to take shared parental leave even if their baby is born earlier than 5 April 2015, provided the baby is not expected to be born before that date.
Shared parental leave should not be confused with ordinary parental leave, which is unaffected by shared parental leave. Ordinary parental leave is the entitlement to up to 18 weeks' unpaid leave. The Company provides a separate policy on ordinary parental leave.

This policy does not form part of any employee’s contract of employment and we may amend it at any time.

2. Scope

This policy applies in relation to employees of OCS Group UK Limited, whether they are the mother or the partner. If it is the mother who is employed by the organisation, her partner must (where relevant) submit any notifications to take shared parental leave set out in this policy to their own employer, which may have its own shared parental leave policy in place, if they want to take a period of shared parental leave.

Similarly, if it is the partner who is employed by the organisation, the mother must (where relevant) submit any notifications to take shared parental leave to her own employer.

The mother and the partner should ensure that they are each liaising with their own employer to ensure that requests for shared parental leave are handled as smoothly as possible.

3. Definitions

The definitions in this paragraph apply in this policy:

"Expected week of childbirth (EWC)" means the week, beginning on a Sunday, in which the doctor or midwife expects a child to be born.

"Parent" means one of two people who will share the main responsibility for the child's upbringing (and who may be the mother, the father, or the mother's partner if not the father).

"Partner" means spouse, civil partner or someone living with another person in an enduring family relationship, but not a sibling, child, parent, grandparent, grandchild, aunt, uncle, niece or nephew.

"Qualifying Week" means the fifteenth week before the EWC.

4. Amount of shared parental leave available

The amount of shared parental leave to which an individual is entitled will depend on when the mother brings her maternity leave period to an end and the amount of leave that the other Parent takes in respect of the child. Shared parental leave must be taken in blocks of at least one week.

The employee can request to take shared parental leave in one continuous block (in which case the Company is required to accept the request as long as the employee meets the eligibility and notice requirements), or as a number of discontinuous blocks of leave (in which case the employee needs the Company’s agreement). A maximum of three requests for leave per pregnancy can normally be made by each Parent.

The first two weeks (or four weeks for factory workers) following birth are the compulsory maternity leave period and are reserved for the mother. This means that the mother cannot curtail her maternity leave to take shared parental leave until two weeks (or four weeks for factory workers) after the birth and the maximum period that the Parents could take as shared parental leave is 50 weeks between them (48 weeks if the mother is a factory worker) although it will normally be less than this because of the maternity leave that mothers usually take before the birth.

However, the mother's Partner can begin a period of shared parental leave at any time from the date of the child's birth (but the partner should bear in mind that they are entitled to take up to two weeks' ordinary paternity leave following the birth of their child, which they will lose if shared parental leave is taken first).

The mother and Partner must take any shared parental leave within 52 weeks of birth.

5. Eligibility for shared parental leave

For employees to be eligible to take shared parental leave, both Parents must meet certain eligibility requirements.

Mother's eligibility for shared parental leave

The mother is eligible for shared parental leave if she:

• Has at least 26 weeks' continuous employment ending with the 15th week before the EWC and remains in continuous employment with the Company until the week before any period of shared parental leave that she takes;
• Has, at the date of the child's birth, the main responsibility, apart from the Partner, for the care of the child;
• Is entitled to statutory maternity leave in respect of the child; and
• Complies with the relevant maternity leave curtailment requirements (or has returned to work before the end of statutory maternity leave), and shared parental leave notice and evidence requirements.

In addition, for the mother to be eligible for shared parental leave, the Partner must:

• Have been employed or been a self-employed earner in at least 26 of the 66 weeks immediately preceding the EWC;
• Have average weekly earnings of at least the maternity allowance threshold (currently £30) for any 13 of those 66 weeks; and
• Have, at the date of the child's birth, the main responsibility, apart from the mother, for the care of the child.

Partner's eligibility for shared parental leave

The Partner is eligible for shared parental leave if they:

• Have at least 26 weeks' continuous employment ending with the 15th week before the EWC and remains in continuous employment with the Company until the week before any period of shared parental leave that they take;
• Has, at the date of the child's birth, the main responsibility, apart from the mother, for the care of the child; and
• Complies with the relevant shared parental leave notice and evidence requirements.

In addition, for the Partner to be eligible for shared parental leave, the mother must:

• Have been employed or been a self-employed earner during at least 26 of the 66 weeks immediately preceding the EWC;
• Have average weekly earnings of at least the maternity allowance threshold (currently £30) for any 13 of those 66 weeks;
• Have, at the date of the child's birth, the main responsibility, apart from the Partner, for the care of the child;
• Be entitled to statutory maternity leave, statutory maternity pay or maternity allowance in respect of the child; and
• Comply with the relevant maternity leave or pay curtailment requirements (or have returned to work before the end of statutory maternity leave).

6. Entitlement to shared parental pay

Up to 39 weeks of shared parental pay will be available to be shared between the Parents (less any weeks of statutory maternity pay or maternity allowance claimed by the mother).

Statutory shared parental pay is available for 39 weeks at the lower of the statutory prescribed rate (the current rate of Statutory shared parental pay (ShPP) can be found here) or 90 per cent of the relevant parent’s normal weekly earnings (subject to the lower earnings limit which can be found here), provided the employee has at least 26 weeks’ continuous employment at the end of the Qualifying Week. Shared parental leave pay is paid at a rate set by the government each year. The remaining 13 weeks of shared parental leave are unpaid.

This means that statutory shared parental pay is paid at the lower level throughout the leave period. Unlike with statutory maternity pay, there is no provision for the first six weeks to be paid at 90 per cent of the Parent’s actual weekly earnings. This is the case even if the mother returns from maternity leave after only two weeks, during the period where the higher level of maternity pay would have been available to her.

7. Other terms during shared parental leave

An employee’s terms and conditions of employment remain in force during shared parental leave, except for the terms relating to pay.

Annual leave entitlement will continue to accrue at the rate provided under their contract. If their shared parental leave will continue into the next holiday year, any holiday entitlement that cannot reasonably be taken before starting their leave can be carried over (and must be taken immediately before returning to work unless their manager agrees otherwise). All holiday dates are subject to approval by an employee’s line manager.

If the employee is a member of the pension scheme, the Company will make employer pension contributions during any period of paid shared parental leave, based on their normal salary, in accordance with the pension scheme rules. Any employee contributions made will be based on the amount of any shared parental pay they are receiving, unless the employee informs payroll they wish to make up any shortfall.

8. Notice requirements for shared parental leave

The notices that the Parents must give to the relevant employer to be able to take shared parental leave are made up of three elements. They are:

• A "notice of entitlement and intention" or “opt-in notice” from the employee giving an initial, non-binding indication of each period of shared parental leave that he/she is requesting;
• A "maternity leave curtailment notice" from the mother setting out when she proposes to end her maternity leave (unless the mother has already returned to work from maternity leave); and
• A "period of leave notice" from the employee setting out the start and end dates of each period of shared parental leave that he/she is requesting.

9. Opting into shared parental leave and pay

Not less than eight weeks before the date an employee intends their shared parental leave to start, they must give the Company a written opt-in notice giving:

• Their name and the name of their Partner;
• If they are the child's mother, the start and end dates of their maternity leave;
• If they are the child's father or the mother's Partner, the start and end dates of the mother's maternity leave, or if she is not entitled to maternity leave, the start and end dates of any statutory maternity pay or maternity allowance period;
• The total shared parental leave available, which is 52 weeks minus the number of weeks' maternity leave, statutory maternity pay or maternity allowance period taken or to be taken;
• How much of that will be allocated to them personally and how much to their Partner. (They can change the allocation by giving the Company a further written notice, and they do not have to use their full allocation);
• If they are claiming statutory shared parental pay (ShPP), the total ShPP available, which is 39 weeks minus the number of weeks of the statutory maternity pay or maternity allowance period taken or to be taken);
• How much of that will be allocated to them and how much to their Partner. (They can change the allocation by giving the Company a further written notice, and they do not have to use their full allocation);
• An indication of the pattern of leave they are thinking of taking, including suggested start and end dates for each period of leave. This indication will not be binding at this stage, but they should give as much information as they can about their future intentions; and
• Declarations by the employee and their Partner that they meet the statutory conditions for entitlement to shared parental leave and ShPP.

If an employee is entitled to enhanced/company shared parental pay this will be set out in their individual terms and conditions of employment under the heading ‘maternity pay’. Any company maternity or paternity pay received will be treated as company shared parental pay when calculating your entitlement.

10. Ending maternity leave

If the employee is the child's mother and is still on maternity leave, they must give the Company at least eight weeks' written notice to end their maternity leave (a “curtailment notice”) before they can take shared parental leave. The notice must state the date their maternity leave will end. They can give the notice before or after they give birth, but they cannot end their maternity leave until at least two weeks after birth. 

The employee must also give the Company, at the same time as the curtailment notice, a notice to opt into the shared parental leave scheme (see above) or a written declaration that the child's father or their Partner has given his or her employer an opt-in notice and that they have given the necessary declarations in that notice.

The Partner may be eligible to take shared parental leave from their employer before an employee’s maternity leave ends, provided they have given the curtailment notice.

The curtailment notice is usually binding and cannot be revoked. An employee can only revoke a curtailment notice if maternity leave has not yet ended and one of the following applies:

• If the employee realises that neither they nor their Partner are in fact eligible for shared parental leave or ShPP, they can revoke the curtailment notice in writing up to eight weeks after it was given;
• If the employee gave the curtailment notice before giving birth, they can revoke it in writing up to eight weeks after it was given, or up to six weeks after birth, whichever is later; or
• If their Partner has died.

Once the employee revokes a curtailment notice they cannot submit a second curtailment notice, unless the revocation was originally given before giving birth.

If the employee is the child's father or the mother's Partner, they will only be able to take shared parental leave once the mother has either:

• Returned to work;
• Given her employer a curtailment notice to end her maternity leave;
• Given her employer a curtailment notice to end her statutory maternity pay (if she is entitled to statutory maternity pay but not maternity leave); or
• Given a curtailment notice to the benefits office to end her maternity allowance (if she is not entitled to maternity leave or statutory maternity pay).

11. Notification

Having opted into the shared parental leave system an employee will need to give a “period of leave notice” telling the Company the start and end dates of their leave. This can be given at the same time as the opt-in notice, or it can be given later, as long as it is given at least eight weeks before the start of their leave. They must also state in their period of leave notice the dates on which the employee intends to claim shared parental pay, if applicable.

The employee can give up to three booking notices. This may enable the employee to take up to three separate blocks of shared parental leave (although if the employee gives notice to vary or cancel a period of leave this will in most cases count as a further booking notice).

If the Company is unable to agree to the employee’s request straight away, there will be a two-week discussion period. At the end of that period, the Company will confirm any agreed arrangements in writing. If parties have not reached an agreement, the employee will be entitled to take the full amount of requested shared parental leave as one continuous block, starting on the start date given in their notice (for example, if they requested three separate periods of four weeks each, they will be entitled to one 12-week period of leave).

Alternatively, the employee may:

• Choose a new start date (which must be at least eight weeks after their original period of leave notice was given), and tell the Company within 19 calendar days of the end of the two-week discussion period; or
• Withdraw their period of leave notice within 15 calendar days of the end of the two-week discussion period (in which case it will not be counted and they may submit a new one if they choose).

12. Evidence of entitlement

The employee must also provide on request:

• A copy of the birth certificate (or if they have not yet obtained a birth certificate, a signed declaration of the child's date and place of birth); and
• The name and address of the Partner’s employer (or a declaration that they have no employer).

13. Amending the dates or cancelling shared parental leave

An employee can cancel a period of leave by notifying the Company in writing at least eight weeks before the start date in the period of leave notice.

An employee can change the dates for a period of leave by giving the Company at least eight weeks' notice before the original start date and the new start date.

An employee does not need to give eight weeks' notice if they are changing the dates of their shared parental leave because their child has been born earlier than the EWC, where they wanted to start their shared parental leave a certain length of time (but not more than eight weeks) after birth. In such cases an employee must notify the Company in writing of the change as soon as possible.

A notice to cancel or change a period of leave will count as one of their three period of leave notices, unless:

• The variation is a result of their child being born earlier or later than the EWC;
• The variation is at the Company’s request; or
• Both parties agree otherwise.

14. Keeping in touch

The Company may make reasonable contact with an employee from time to time during their shared parental leave although this will be kept to a minimum. This may include contacting an employee to discuss arrangements for their return to work.

An employee may ask or be asked to work (including attending training) on up to 20 "keeping-in-touch" days (KIT days) during their shared parental leave. This is in addition to any KIT days they may have taken during maternity leave. KIT days are not compulsory and must be discussed and agreed with their line manager.

An employee will be paid at their normal basic rate of pay for time spent working on a KIT day and this will be inclusive of any shared parental pay entitlement.

15. Returning to work

If an employee wishes to end a period of shared parental leave early, they must give the Company eight weeks' prior notice of their return date, in writing.

If they wish to extend their shared parental leave they must submit a new period of leave notice at least eight weeks before the date they were due to return to work, assuming they still have shared parental leave entitlement remaining and have not already submitted three periods of leave notices. If an employee is unable to request more shared parental leave they may be able to request annual leave or ordinary parental leave, which will be subject to business needs.

An employee is normally entitled to return to work in the position they held before starting shared parental leave, and on the same terms of employment. However, if it is not reasonably practicable for the Company to allow them to return into the same position, the Company may give them another suitable and appropriate job on terms and conditions that are not less favourable, but only in the following circumstances:

• If their shared parental leave and any maternity or paternity leave they have taken adds up to more than 26 weeks in total (whether or not taken consecutively); or
• If they took shared parental leave consecutively with more than four weeks of ordinary parental leave (under the Company’s parental leave policy).

If an employee wishes to change their hours or other working arrangements on return from shared parental leave they should make a request under the Company’s flexible working policy. It is helpful if such requests are made as early as possible.

If an employee decides they do not want to return to work they should give notice of resignation in accordance with their employment contract.

16. Adoption and surrogacy

Shared parental leave will apply to Parents who are adopting a child due to be placed on or after 5 April 2015 via an adoption agency. In order for adoptive Parents to take shared parental leave in respect of a child they must meet similar eligibility criteria as described above, and be entitled to statutory adoption leave.

Parents must provide a similar notice of entitlement to the Company. However, the notice must also confirm:

• The date the Parents were notified as having been matched with the child;
• The date the child is expected to be placed with the Parents; and
• A declaration which includes the Parents’ national insurance numbers and consent to the amount of time the Partner intends to take.

If the Company requests any evidence of eligibility then, instead of providing a birth certificate, the employee may be required to provide copies of documents issued by the adoption agency confirming the date the Parents were matched with the child. The other requirements such as for giving notice, timeframes and periods of continuous or discontinuous parental leave follow the same process as outlined above.

For surrogacy arrangements, if the intended Parents have applied, or intend to apply, for a 'parental order' then, subject to meeting qualifying conditions, the nominated 'primary' adopter will be entitled to take adoption leave and pay and to end their adoption leave early and move onto shared parental leave.