enhanced shared parental pay

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And three-quarters of those said they would match the pay offered to mothers. Enhancing shared parental pay by choice. However, it will no doubt come as a blow to those campaigning for greater uptake of shared parental leave. Enhanced shared parental pay CMS Cameron McKenna Nabarro Olswang LLP United Kingdom June 15 2017 Two recent employment tribunal cases have reached different conclusions on … When SPL was introduced, some employers instantly introduced enhanced SPL pay, while many adopted a “wait and see” approach as to whether they would be obliged to also pay enhanced SPL. • The above is irrespective of whether Hassan received enhanced pay for his combined 13 week shared parental leave period (six weeks plus seven weeks). Often their careers and earning potentials do not recover. Ade decides to check the Trust’s maternity leave and shared parental leave policies before deciding what to do, as the couple can’t afford to lose out financially. NB Nathan is not entitled to any paid leave and will have to decide how much time he can afford to take. The amount of weeks available will depend on the amount by which the mother/adopter reduces their maternity/adoption pay period or maternity allowance period. Such a decision will be welcomed by employers who offer enhanced maternity pay but do not offer the same pay enhancement to parents taking shared parental leave. Statutory Shared Parental Pay (ShPP) If you are eligible, you may be entitled to take up to 37 weeks ShPP while taking SPL. The enhanced shared parental pay policy will now mirror British Land’s current enhanced parental pay offering, which provides mothers with 26 weeks of leave at full pay. Many employers chose to retain their existing approach of providing enhanced maternity pay after shared parental leave was introduced, but took the view that they would adopt the basic position and provide statutory shared parental pay. Shared parental pay is only payable if the mother or adopter ends her entitlement to statutory maternity or adoption pay before she uses her full 39 weeks’ entitlement. which can be taken up to a year after a child is born or adopted. Who pays Shared Parental Pay? If so, there's reason to be cautiously optimistic, according to recent research from XpertHR and Personnel Today. Whether or not to enhance shared parental pay above the statutory minimum – a flat rate of £139.58 per week (or 90% of earnings if this is less) – was a key decision for employers when framing shared parental leave policies. Enhancing the pay of women on maternity leave but not men on shared parental leave is not direct or indirect sex discrimination and even if indirect, it would be objectively justified. An issue that has come before the court is whether or not it is unlawful sex discrimination to pay men on shared parental leave less than women on maternity leave. Statutory Shared Parental pay - SShPP Shared Parental Leave - SPL Determining entitlement The Maternity Leave and pay provisions for University employees are as follows: - 26 weeks at OMP (full pay) inclusive of SMP - 13 weeks at SMP - 13 weeks unpaid. While enhanced maternity pay is the norm across many businesses, enhanced shared parental pay is not. Print Download. Scenario 3 Emmanuel and Nina are expecting a baby. Any ShPP due will be paid at the statutory rate set by the UK Government for the relevant tax year. Where enhanced maternity pay is contractual, the sex equality clause does not apply as it relates to special treatment related to maternity. For example, if the father’s employer offers contractual (i.e. That means only Ade is entitled to Shared Parental Leave, if she wishes to take it. This decision also has a direct impact on shared parental leave take-up levels, the survey suggests. Background Under its package for shared parental leave, Deloitte will match its current level of enhanced maternity or adoption pay, which is set at 16 weeks at full pay, followed by 10 weeks at half pay. Since the introduction of shared parental leave, it has been questioned whether those taking that leave would be entitled to the same benefits as those taking maternity leave. More than half the organisations (56 per cent) that currently offer enhanced maternity pay said they would also offer enhanced shared parental pay. The new shared parental pay policy will apply to mothers and fathers following the birth of a child, as well as adoptive parents and same-sex couples. Taking Shared Parental Leave. It will be interesting to see if other employers now follow their lead and, in light of this, if the uptake of shared parental leave, which has initially been very low, increases. If it doesn’t make financial sense for fathers to take leave, working mothers are forced to take an extended period of leave. Our original plan was for me to take 26 weeks off as maternity, and then my husband would take his 12 weeks. - Shared Parental Leave: You and your partner may be able to get Shared Parental Leave (SPL) and Statutory Shared Parental Pay (ShPP) if you’re having a baby or adopting a child. Next. HMRC revealed that less than 1% of those eligible had made use of it in 2016. In a recent direct sex discrimination claim, an employer operated a scheme which gave mothers enhanced pay (their full pay, in fact) for their two weeks compulsory leave and then for a further 12 weeks (a total of 14 weeks). Do employers have to enhance shared parental pay? If an employer does offer enhanced pay during shared parental leave, the same rate must be paid to everyone eligible to take it, irrespective of their gender. 6 Maximum total occupational pay eight weeks full pay, 18 weeks half pay, 13 weeks unpaid. From 5 April 2015, new legislation will allow mothers, fathers, partners, and adopters to opt to share parental leave. ShPP is paid at the rate of £145.18 a week or 90% of your average weekly earnings, whichever is lower. Enhanced Shared Parental Leave Pay is not discriminatory. Checking eligibility for Shared Parental Leave . 39 weeks minus the amount of statutory maternity or; adoption pay or maternity allowance the mother or primary adopter has used, and ; they must use at least two weeks so the maximum available is 37 weeks. Shared parental leave entitles the parent not taking maternity leave to effectively share 50 weeks of any of the un-taken leave. who can offer some advice! Capita paid enhanced maternity pay for the first 14 weeks of leave and enhanced paternity pay for 2 weeks followed by statutory SPP. I'm entitled to 12 weeks full paid maternity pay. Statutory shared parental pay is paid at a flat rate. The amount of available will be. The claimant asked for his shared parental leave pay to be enhanced and for him to be paid the same higher rate as a woman on maternity leave. Enhanced Shared Parental Leave and Pay. Both parents should check whether their employer offers enhanced shared parental pay as that may affect decisions on who takes the leave. Mr Hextall is a police officer working for the Leicestershire Police Force, after welcoming his child in to the world, he sought to take some time off to care of his child. What is Shared Parental Pay? The legislation provides that shared parental pay should be paid at a flat weekly rate of £138.18 or 90% of basic salary if this is lower. The Shared Parental Leave (SPL) and Shared Parental Pay (ShPP) arrangements detailed in this section apply to eligible parents who are expecting a baby due on or after 5 April 2015, and to parents who have a child placed with them for adoption on or after that date. Enhanced Shared Parental Leave Pay, The Dilemma Posted at 09:24h in Client News by tga-nigel If you, as an employer of Domestic/Household staff pay enhanced Maternity pay, but not enhanced Shared Parental Pay, (SPL) how do you stand legally . Hello, really hoping there's someone here who has been in a similar situation (or who works in employment law or HR!) If the policy simply says that full pay is available for up to 12 weeks of Shared Parental Leave, an employee can start at any time and receive full pay. Any remaining weeks of pay will convert to ShPP. Many high profile employers appear to be alive to this issue already as they have publicised their approach to shared parental pay and demonstrated that they are paying enhanced or matching benefits for both parents. enhanced) shared parental pay, only the father can benefit from that if he takes shared parental leave. Paying enhanced pay for maternity leave but not enhanced pay for Shared Parental Leave perpetuates and reinforces the assumption that working mothers are the primary caregivers of those children. For example, SPL with 26 weeks’ full pay followed by 13 weeks’ ShPP. Last year two cases relating to whether a failure by employers to pay enhanced shared parental pay when maternity pay was enhanced was discriminatory were brought before different employment tribunals. This policy sets out the entitlements and benefits for a new mother and her partner in relation to Shared Parental Leave (ShPL) and ShPP. You can share up to 50 weeks of leave and up to 37 weeks of pay between you. Shared parental leave: No sex discrimination where employer fails to enhance pay Shared parental leave and shared parental pay: quick links Access our main resources on shared parental leave and shared parental pay according to the type of information you need. My husband's company offers 12 weeks full paid shared parental. The concept of shared parental leave (SPL) was introduced and fathers are now permitted to share maternity leave with their partners, up to 50 weeks. Previous. If I pay enhanced maternity pay do I have to pay more Shared Parental Pay too? Remember that Shared Parental Leave can commence at any point during the relevant 52 week period. Some employers might offer more than the statutory minimum for SPL. From 5 April 2015, new employment legislation allows parents to Shared Parental Leave (SPL) and pay following the birth or adoption of a child, therefore increasing fathers’ rights. In support of this, the University provides parental benefits - including Shared Parental Pay (ShPP) - that are above the statutory minimum. The Employment Appeal Tribunal (EAT) has now ruled that it is not discriminatory for an employer to pay enhanced maternity pay but only statutory pay for shared parental pay. Enhanced Shared Parental Pay. Enhanced shared parental pay can be applied retrospectively, if someone is already on maternity or shared parental leave on 1 April when the new benefit comes into effect ; 2018 review of the junior doctor contract. This should be in the employee’s written terms or written in a workplace policy document. The case has raised serious questions around enhanced maternity pay, and shared parental pay. While this case may have resolved whether employers are legally obliged under discrimination law to enhance payments of shared parental pay, there are wider policy considerations which may encourage employers to do so voluntarily. 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