1. About this policy
1.1. The purpose of this policy is to outline entitlements to Shared Parental Leave and Pay. Shared Parental Leave provides eligible parents with the opportunity to choose to share between them the care of their child during the first year following the child’s birth or adoption. Its purpose is to give parents greater flexibility in considering how to best care for, and bond with, their child.
1.2. St George’s, University of London endeavours to ensure that all employees are given support and encouragement before, during, and on their return to work from Shared Parental Leave. St George’s, University of London aims to ensure that the employee’s duties are adequately covered during Shared Parental Leave and that an effective dialogue is implemented at all stages so that employees feel fully informed about their entitlements and the process to follow.
1.3. This policy applies to all employees of St George’s, University of London. It will not normally apply to casual workers or agency workers.
1.4. An employee taking Shared Parental Leave is encouraged to discuss their plans with their line manager as early as possible.
1.5. Eligibility for Shared Parental Leave and Pay is complex and dependent on the timing of the leave. Employees are encouraged to speak to Human Resources (HR) to determine their entitlements.
2. What is Shared Parental Leave?
2.1. Under the Shared Parental Leave arrangements, parents have the option of converting part of their period of Maternity Leave and Pay or Adoption/Surrogacy Leave and Pay to Shared Parental Leave and Pay and sharing the remaining period of leave and pay between them. Shared Parental Leave can cover up to a maximum of 50 weeks’ leave and 37 weeks’ pay.
2.2. Shared Parental Leave is in addition to Partner’s Leave Related to Maternity, although any entitlement to Partner’s Leave Related to Maternity will cease once Shared Parental Leave has commenced.
2.3 Shared Parental Leave should not be confused with ordinary, unpaid parental leave which enables parents to take up to 18 weeks’ unpaid leave per child until the child reaches their 18th birthday. More information on parental leave is available in the Special Leave Policy.
3. Statutory Shared Parental Leave Scheme
3.1. Employees are eligible for Shared Parental Leave if they are:
- the mother/primary adopter; or
- the father of the child (in the case of a birth); or
- the spouse, civil partner or partner of the child’s mother/primary adopter; and
- share the main responsibility for the care of the child at the time of birth/adoption.
3.2. In addition, employees must satisfy the following criteria:
- they must have completed 26 weeks’ continuous service with St George’s, University of London by either the end of the 15th week before the expected week of childbirth, or by the end of the week in which they were notified that they had been matched with their child;
- remain employed by St George’s, University of London while taking Shared Parental Leave;
- the employee or their partner must be entitled to Statutory Maternity Leave/Statutory Maternity Pay or Maternity Allowance, or to Statutory Adoption Leave/Statutory Adoption Pay; and have curtailed this entitlement.
- the employee’s partner must have worked for at least 26 weeks of the 66 weeks before the expected week of childbirth and have earned an average of at least £30 per week in any 13 of those weeks and paid National Insurance contributions.
4. Taking Shared Parental Leave
4.1. Shared Parental Leave cannot begin before the child’s birth, or placement for adoption, and all leave must be taken within one year of the birth or the date that the child was placed with the family, ie the day before the child’s first birthday or the anniversary of the placement of an adopted child.
4.2. In order to commence Shared Parental Leave the individual who has given birth or is the primary adopter of the child must curtail their Maternity Leave or Adoption Leave. This is done by either returning to work, which ends any Maternity Leave or Adoption Leave, or giving “binding notice” of the date when they plan to end their Maternity Leave or Adoption Leave. It is not normally possible to change the date given in the binding notice.
4.3. Curtailing Maternity Leave or Adoption Leave does not mean that the individual is obliged to return to work as the Maternity Leave or Adoption Leave can be converted into Shared Parental Leave.
4.4. The amount of Shared Parental Leave available is determined by the amount of unused Maternity Leave or Adoption Leave at the point it is curtailed. Any remaining weeks are converted into Shared Parental Leave and can be shared between both parents.
4.5. Shared Parental Leave can commence as soon as the employee or their partner:
- has taken at least two weeks’ Maternity Leave (Compulsory Maternity Leave) following the birth of the child or taken at least two weeks’ Adoption Leave (Compulsory Adoption Leave); and
- has curtailed their entitlement to Maternity Leave or Adoption Leave by providing at least eight weeks’ notice to their employer of their intention to do so.
- completes the relevant sections of the Shared Parental Leave: Notice of Entitlement and Intention form (Appendix 2) and provides a copy to their line manager and HR at least eight weeks prior to the date the employee intends to commence their first period of Shared Parental Leave.
4.6. As a result of the requirement to take at least two weeks’ Compulsory Maternity Leave or Compulsory Adoption Leave, the maximum amount of Shared Parental Leave that can be taken is 50 weeks.
4.7. An employee and their partner may choose to take Shared Parental Leave at the same time, ie concurrently, or at different times, ie consecutively, as long as the total leave taken does not exceed what is jointly available, ie up to a maximum of 50 weeks in total. Alternatively, the whole period of Shared Parental Leave may be taken by one parent.
4.8. An employee may submit up to three requests for blocks of Shared Parental Leave during the first year following the birth of their baby or the placement of their child with them for adoption.
4.9. A block of leave may have one start and end date, for example commencing on 1 July and ending on 31 October. This is known in law as a “continuous” block of leave. Alternatively, subject to line manager agreement, a block of leave may include two or more start and end dates, for example one month’s leave, followed by two months at work, followed by three months leave. This is known in law as a “discontinuous” block of leave.
4.10. Where both parents meet the eligibility criteria, and both work for St George’s, University of London, they will be entitled to share the leave and pay arrangements outlined in this policy. Where one parent works for St George’s, University of London, they will be entitled to the leave and pay arrangements outlined in this policy, while their partner will be entitled to the leave and pay arrangements as set out by their own employer.
4.11. It is expected that employees will discuss their plans for Shared Parental Leave with their line manager at as early a stage as possible. This will provide an opportunity to explore options and will enable the line manager to start to consider plans for accommodating Shared Parental Leave.
4.12. Where an employee wishes to take a period of Partner’s Leave Related to Maternity following the birth of their child or following the date a child is placed with them for adoption, this must be taken before Shared Parental Leave commences. Any entitlement to Partner’s Leave Related to Maternity will cease once Shared Parental Leave has commenced.
5. Taking Shared Parental Leave
5.1. Statutory Shared Parental Pay may be payable for up to 37 weeks, (in total, shared between the parents) during the child's first year, paid at the rate set out by the Government for the relevant tax year. In order to qualify employees must earn above the minimum threshold for National Insurance contributions. The standard rate of Statutory Share Parental Pay is available on gov.uk
5.2. In addition to Statutory Shared Parental Pay, eligible employees may be entitled to St George’s, University of London’s Shared Parental Leave Pay. In order to qualify for St George’s, University of London’s Shared Parental Leave Pay an employee must satisfy the conditions outlined in section 3 above and provide a statement of intent outlining that the employee wishes to return to work with St George’s, University of London following Shared Parental Leave for a period of at least 3 months. An employee who satisfies the above conditions but who has not given notice of their intention to return to work shall receive Statutory Shared Parental Pay only.
5.3. The Shared Parental Leave Pay an eligible employee will be able to take will depend on the timing of the Shared Parental Leave and the Maternity Pay, Adoption Pay or Maternity Allowance that has already been taken at the point that Shared Parental Leave commences. In general, Shared Parental Leave Pay will be paid at the same rate as would have been applicable if Maternity Pay or Adoption Pay had been in payment during the week in question, subject to the maximum payments given in paragraph 5.4 below.
5.4. At most St George’s, University of London Shared Parental Pay will cover the following:
- 2 weeks on full pay during Compulsory Maternity Leave, Compulsory Adoption Leave or Partner’s Leave relating to Maternity.
- 16 weeks on full pay (this will include any relevant Statutory Shared Parental Pay), shared between both partners as appropriate.
- 21 weeks on Statutory Shared Parental Pay only (paid at the standard rate), shared between both partners as appropriate.
- Up to 13 weeks unpaid leave, shared between both partners as appropriate.
5.5. Appendix 1 provides examples of eligibility for St George’s, University of London Shared Parental Leave Pay in different scenarios. Further information is available from HR.
5.6. Employees must return to work for a minimum period of three months following the end of their last block of Shared Parental Leave in order to be entitled to keep the enhanced element of the Shared Parental Pay (ie the payment in excess of Statutory Shared Parental Pay). St George’s, University of London retains the right to reclaim the enhanced element of the Shared Parental Pay if the employee fails to return to work for at least three months.
6. Applying for Shared Parental Leave
6.1. Applications for Shared Parental Leave should be made on the Shared Parental Leave: Notice of Entitlement and Intention form (Appendix 2) and should be submitted to line managers and HR. At least eight weeks’ written notice must be given in advance of each block of Shared Parental Leave. Shared Parental Leave must be taken in multiples of a week, ie it cannot be taken as single days or blocks of less than one week.
6.2. Where the request is submitted before the child is born or placed for adoption, a request can be made outlining that the Shared Parental Leave is requested to start on a specified number of days after the birth/child’s placement and finish on a specified number of days after the birth/placement.
6.3. Where the request is submitted after the child has been born or placed for adoption, the request should specify the start and end dates of the intended leave.
6.4. Notice to curtail Maternity Leave or Adoption Leave is binding and, once submitted, cannot usually be withdrawn. A curtailment notice can only be withdrawn if Maternity Leave or Adoption Leave has not yet ended, and one of the following applies:
- the employee finds out that neither parent are in fact eligible for Shared Parental Leave or Statutory Shared Parental Pay, in which case the employee can revoke the curtailment notice in writing up to eight weeks after it was given;
- if the curtailment notice was given before the child’s birth or placement for adoption, it can be revoked in writing up to eight weeks after it was given, or up to six weeks after birth/placement, whichever is later; or
- if the other parent has died.
6.5. Unless the curtailment notice is revoked in any of these circumstances, employees will not be able to opt back into Shared Parental Leave at a later date.
6.6. All requests eligible for St George’s, University of London Shared Parental Leave Pay are subject to line manager agreement. All such requests will be carefully considered and must be decided on within a period of 14 calendar days from receipt.
6.7. If the pattern requested is not possible, the manager will arrange to meet with the employee to discuss possible alternative leave patterns.
6.8. HR will provide written confirmation of the leave arrangements.
6.9. An employee may cancel or vary a block of Shared Parental Leave that has already been approved, for example to change the start date of a block of leave, return to work earlier than originally envisaged, or extend a block of leave by changing the end date. To vary or cancel an approved block of Shared Parental Leave, the employee must inform their line manager and HR at least eight weeks before the original Shared Parental Leave was due to start and/or end, and, where a variation is being requested, eight weeks before the varied start and/or end date. Where less than eight weeks’ notice of any change is provided, the employee may be required to take some or all of the Shared Parental Leave that was originally requested if it is not reasonably practicable to accommodate the requested change.
6.10. Any notification to vary or cancel an approved block of Shared Parental Leave, including notice to return to work earlier, will usually count as one of the three requests for Shared Parental Leave that are permitted.
7. Shared Parental Leave in touch days
7.1. During Shared Parental Leave, employees may find it helpful to keep in touch with work. Line managers will usually make reasonable contact with the employee during blocks of Shared Parental Leave, for example to update them on what is happening at work, promotion opportunities or to discuss their return to work. This contact is separate to a Shared Parental Leave in Touch (SPLIT) day.
7.2. In addition, employees are entitled to do a maximum of 20 SPLIT days during their Shared Parental Leave period without bringing their Shared Parental Leave to an end, for example to carry out work or attend training. SPLIT days must be agreed between the employee and their line manager. Any time worked on a SPLIT day will be paid at the normal contractual rate of pay for the hours actually worked. Any Shared Parental Pay will be included, such that the total payment will not exceed the normal rate of contractual pay.
7.3. Where Maternity Leave or Adoption Leave is curtailed in order to take up Shared Parental Leave the entitlement to Keeping in Touch days as part of Maternity Leave or Adoption Leave ceases. However, SPLIT days will be available instead.
8. Terms and Conditions of Service
8.1. Usual terms and conditions of service will continue during a period of Shared Parental Leave. In particular:
- Continuous service is unbroken during Shared Parental Leave. All blocks of Shared Parental Leave, both paid and unpaid, count towards the calculation of those benefits which accrue with length of service, eg sickness benefits and redundancy pay.
- Where applicable, the normal annual pay increment will be awarded.
- Annual leave will continue to accrue during all blocks of Shared Parental Leave and, subject to line manager agreement, an employee may choose to take a period of annual leave before and/or after a block of Shared Parental Leave.
- If a block of Shared Parental Leave is likely to cross two annual leave years, the employee may carry over annual leave accrued in the first leave year but must use these days within three months following the end of Shared Parental Leave entitlement. Any annual leave accrued in the second leave year may be taken as normal.
- Pension rights and contributions will be dealt with in accordance with the relevant pension scheme. Contributions and entitlements will continue as normal whilst the employee is on full pay. If the employee is planning on taking a period of unpaid leave, they should make an appointment to discuss their individual position with the Pensions Team.
- If an employee does not qualify for the St George’s, University of London Shared Parental Leave Pay, and solely has an entitlement to Statutory Shared Parental Pay, and makes pension payments as a salary sacrifice, they will have their adjusted average salary topped-up by St George’s, University of London to the pre-adjusted salary so that they receive the same level of Statutory Shared Parental Pay that they would have received if they had not sacrificed part of their salary for pension purposes only
9. Return to work
9.1. The employee will normally return to the same post in which they were employed prior to going on leave. This will be on the same terms and conditions applicable as if the employee had not been absent.
9.2. Where it is not reasonably practicable for the employee to return to the same post, eg for reasons of reorganisation or redundancy, the employee is entitled to return to a job which is both suitable and appropriate in the circumstances and which provides terms and conditions of employment which are not substantially less favourable than if the employee had not been absent.
9.3. Employees have a right to request flexible working following Shared Parental Leave. St George’s, University of London will seek to accommodate such requests where possible. More information is available in the Flexible Working Procedure.
9.4. If an employee decides that they do not wish to return to work after the end of their Shared Parental Leave, they must give the period of notice as set out in their terms and conditions of service. St George’s, University of London retains the right to reclaim the enhanced element of Shared Parental Pay, together with any enhanced Maternity Pay or Adoption Pay that have been received prior to Shared Parental Pay, if the employee fails to return to work and continue in employment for at least three months.
Appendix 1: Shared parental leave pay examples
Download the full shared parental leave policy (PDF) to view this appendix.
Appendix 2: Forms required to request shared parental leave
Download the full shared parental leave policy (PDF) to view this appendix.