UK employers unprepared for the impact of shared parental leave
Employers need to prepare for a rapid increase in the number of couples using new Shared Parental Leave legislation, according to employment law experts at HBJ Gateley. New laws come into effect across Britain in December which give new rights for working couples to share maternity leave and allow for more flexible working practices.
Currently, mothers are entitled to 52 weeks of maternity leave and 39 weeks of statutory maternity pay. Fathers are entitled to two weeks paternity leave at the time of birth and up to a further 26 weeks parental leave once the child is 20 weeks old, if the mother has chosen to return to work.
The new shared parental leave (SPL) regime will come into force on 1 December 2014 and will apply to babies born on or after 5 April 2015. It allows working couples to share maternity leave and pay, following the first two weeks recovery period which mothers must take off immediately after birth, meaning up to 50 weeks leave and 37 weeks of pay can be shared.
The UK Government estimates that only 4% of men (around 10,000 people) will take up the SPL option in 2015-16. However official research suggests the numbers are likely to rise rapidly in the next few years. Similar moves abroad saw slow initial take-up rates in countries including Sweden, Norway, Iceland, and Denmark – although numbers have subsequently soared (in Sweden the rate sits at around the 90% mark).
Sarah Gilzean, associate at HBJ Gateley said the experience from abroad suggested the policy would grow in popularity, sooner rather than later:
“While initial forecasts for take-up are low I expect to see a marked rise in numbers as more couples see the benefits of sharing the care of their new baby while balancing work commitments.
“Single continuous periods of leave will have to be accommodated by employers, but managers will have the right to refuse split periods of leave which would require an individual’s workload to be covered over several distinct periods.
“Ultimately, from April 2015 more organisations will be asked by male workers to take extended periods of time off to look after their children. For employers the challenge will be to prepare for an increasing level of demand while still retaining business continuity.
“Employers who currently pay enhanced maternity pay will also have to decide whether to pay those on shared parental leave the same enhanced rate or stick with the statutory minimum. Failing to pay an enhanced rate could bring the risk of a sex discrimination claim from fathers on shared parental leave comparing themselves to mothers on maternity leave.”
To be eligible for SPL, parents and adopters must have 26 weeks’ service and have caring responsibility for a child. Parents can take leave at the same time or separately, and it may be taken in blocks (up to a maximum of three blocks each) as long as no more than 50 weeks is taken between parents. Requests will be made to the employer with a view to agreeing suitable arrangements for leave periods, which must be agreed with at least eight weeks’ notice.
Sarah continued: “While maternity leave is considered commonplace, and more men are taking time off through paternity leave, the new system looks likely to usher in a new era of expectation from both men and women in the workplace.
“To adequately deal with this companies need to consider drawing up staff policies in advance of the introduction of the new legislation and be prepared for dealing with requests.
“ACAS suggest a four stage process of discussing options; gauging intention; assessing the practical implications; and decision making. In order to cater for increasing demand this is a process which will need to be continuously monitored to assess the impact it has on the workforce to ensure that working rights are upheld.”
