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Shared Parental Leave Policy

Policy Summary
The Shared Parental Leave Policy provides guidance on leave and pay arrangements within QMU
Policy Owner: Human Resources

Date Approved by SLT	June 2022
Date of EQIA	March 2023
Document Owner	Human Resources
Last modified	March 2023
Next review date	March 204

1.0 - Aims and Objectives

The aim of this policy is to provide Managers and staff with guidance on shared parental leave and pay arrangements to ensure that this is undertaken fairly and consistently across Queen Margaret University in accordance with equality and diversity principles.

2.0 - Scope of Policy

This policy applies to all employees taking Shared Parental Leave or Pay within Queen Margaret University. 

3.0 - Monitor and Review

Human Resources are responsible for monitoring the effectiveness of this policy and supporting procedures and will conduct reviews at appropriate intervals. 

Anyone who feels they have been unfairly treated or discriminated against should contact Human Resources. 

4.0 - Equal Opportunities

QMU is committed to equality of opportunity for all its staff and the terms of this policy and its supporting procedures and guidance notes are designed to ensure the fair and transparent treatment for all staff irrespective of age, race, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, sexual orientation, religion or belief, sex or contractual status.  A review of the Equality Impact Assessment is undertaken on this policy each time they are reviewed and updated

5.0 - Responsibility for this Policy

Human Resources.

Any changes to this policy and supporting procedures will be made in consultation with appropriate bodies.

QMU reserves the right to update HR Policies in line with new or updated Employment Legislation.

6.0 - Introduction

Queen Margaret University recognises that employees may face challenges when balancing work and childcare responsibilities. Shared Parental Leave (SPL) provides employees with the opportunity to consider balancing their childcare needs allowing parents to share up to 50 weeks of leave within a year following a child’s birth or adoption.

7.0 - Shared Parental Leave (SPL) 

Shared Parental Leave allows parents the opportunity to share the care of their child within the first year of birth or adoption.  The mother must take the first 2 weeks of leave post childbirth (or the primary adopter must take the first 2 weeks adoption leave) and the remaining 50 weeks’ leave (and 37 weeks’ pay) can be shared. 

Both parents can take leave at the same time or they may wish to alternate the period of the leave.  Shared Parental Leave can be requested in continuous or discontinuous blocks, however the University can decline requests for discontinuous leave based on operational requirements.  Up to a maximum of three requests may be made to book or vary Shared Parental Leave (SPL).

Four weeks’ paid Partner Leave (formerly known as Paternity Leave) is still available at the University and should be taken by employees who are the father / partner, prior to them taking Shared Parental Leave (SPL).  Additional paternity pay and leave is no longer available.  Once you commence Shared Parental Leave (SPL) you will lose any untaken partner leave entitlement.

An employee considering taking SPL should arrange to discuss with their line manager as early as possible to discuss their entitlement and plans and to enable the University to provide as much support as possible.

7.1 Shared Parental Leave Criteria 

Shared Parental Leave (SPL) may be used by a maximum of two people:

• The mother / adopter and
• One of the following:
  • The father of the child (in the case of the birth) or
  • The spouse, civil partner or partner of the child’s mother / adopter

Both parents must share the main responsibility for the care of the child at the time of the birth/placement for adoption.

In addition to the criteria set out above the following criteria also applies:

• The mother / adopter of the child must be entitled to statutory maternity/adoption leave or if not entitled to statutory maternity/adoption leave they must be/have been entitled to statutory maternity/adoption pay or maternity allowance and must have ended or given notice to reduce any maternity/adoption entitlements.
• The employee must still be employed by Queen Margaret University at the start of each period of SPL.
• The employee must correctly notify Queen Margaret University of their entitlement and provide evidence by completing the Declaration of Entitlement to Shared Parental Leave Form (Appendix 1).  This includes notice to end any maternity leave, statutory maternity pay or maternity allowance period.

8.0 - Shared Parental Pay 

8.1 Occupational Shared Parental Pay (OSSHP) eligibility

Employees of QMU are entitled to the University’s Occupational Shared Parental Pay from day one of their employment with the University, as long as they meet the following eligibility criteria:

• The mother/adopter must be entitled to statutory maternity/adoption pay or maternity allowance and must have ended or given notice to reduce any maternity/adoption pay period or maternity allowance period.
• The employee must intend to care for the child during the week(s) in which OShPP is payable.
• The employee must remain in continuous employment until the first week of OShPP has begun.
• The employee must give proper notice in accordance with the rules set out below.

8.1.1 Occupational Shared Parental Pay

OShPP is paid for a maximum of 16 weeks and is only available after the 2 week statutory period following the birth has passed.  It is calculated at 50% of normal pay, where average weekly earnings are based on the two salary payments prior to the qualifying week.  OShPP is adjusted to take into account any cost of living uplift to the salary scale, which is applied in August of each year.  

OShPP is paid in addition to Statutory Shared Parental Pay (SShPP) of £156.66 (from 1^st April 2022) per week (when the individual meets the eligibility criteria for statutory pay – see below).  

If the employee does not return to work for a period of at least three months after shared parental leave then they will be required to repay all Occupational Shared Parental Pay.  

Upon request, payment of OSSHP may be deferred until the employee has resumed work for three months or until they decide they will definitely be returning for at least three months.  The balance of any outstanding OSSHP will be paid to the employee in the next available payroll after they have informed us of their decision to definitely return for at least three months.  This is often practical for those employees who do not wish to make a decision on returning to work until after their baby is born.  

8.1.2 Subsequent access to Occupational Shared Parental Pay

Where an employee has already had a period of Shared Parental leave during the course of their employment at QMU, at least one year must have elapsed between their return to work after this leave and the qualifying week of the subsequent birth in order for them to be eligible for automatic occupational shared parental pay.  If one year has not elapsed between their return to work and the subsequent qualifying week then occupational Shared Parental pay will automatically be deferred until the employee has returned to work for three months after their maternity leave.  The balance of outstanding OSSHP will be paid to the employee in the next available payroll.  QMU will continue to pay statutory shared parental pay for the duration of the leave.     

9.0 Statutory Shared Parental Pay (ShPP)

Eligible employees may also be entitled to receive up to 37 weeks Statutory Shared Parental Pay (ShPP) whilst taking Shared Parental Leave (SPL).  Shared Parental Pay (ShPP) is paid at the same rate as Statutory Maternity Pay (SMP) and is set by the Government each year.

Statutory Shared Parental Pay (ShPP) of up to 37 weeks (less any weeks of statutory maternity pay or adoption pay claimed by the employee or other parent over and above the compulsory first 2 weeks following childbirth which must be taken by the mother or primary adopter in the case of adoption leave) may be available provided the employee:

(i)  has at least 26 weeks’ continuous employment with the University at the end of the ‘relevant week’ and

(ii) has average earnings of not less than the lower earnings limit set by the government each tax year

10.0 - Notification of intention to take Shared Parental Leave 

Shared Parental Leave cannot commence until at least two weeks after the child is born or two weeks after the adoption leave pay or period starts.

The mother or primary adopter must either

• return to work; or
• Curtail (reduce) their maternity or adoption leave period (or statutory maternity/adoption pay or maternity/adoption allowance, as applicable

Employees should notify the University of their intention to take Shared Parental Leave at least 8 weeks before the date they intend their Shared Parental Leave to commence.  At the same time, notice of entitlement and intention to take SPL must be provided, or a declaration that their partner has served such a notice.

You must also provide on request:

• A copy of the birth certificate (or a signed declaration of the child’s date and place of birth);
• Documents from the adoption agency confirming its names and address; the date of notification of having been matched or adopted; and the date on which the child is expected to be placed; and
• The name and address of the other parent’s employer (or a declaration that they have no employer)

11.0 - Declaring an Entitlement to Shared Parental Leave / Shared Parental Pay 

Employees must provide a declaration of their entitlement and intention to take Shared Parental Leave.  This must be in writing using the “Declaration of Entitlement to Shared Parental Leave Form” (Appendix 1) and must be submitted at least eight weeks before the employee intends to take Shared Parental Leave.

Where both partners are employed by Queen Margaret University, both employees must submit separate declarations.  Completed forms should be returned to their line manager and copied to HR.

The declaration requires the employee to provide proposed dates of when they are considering taking their leave.  However, this is not automatically binding at this point and will not be treated as a request to book leave.

Whenever an employee wishes to change the amount of leave or pay they will use, they must complete a “Request to Book or Vary Shared Parental Leave Form” (Appendix 2)

12.0 - Requesting Shared Parental Leave 

Providing they have already declared their entitlement, employees can formally request a period of Shared Parental Leave by submitting a form “Request to Book or Vary Shared Parental Leave Form” to their line manager at least 8 weeks prior to the first date of leave they are requesting.

Employees have the right to submit up to three requests to book (or vary) Shared Parental Leave.  Each request may be for:

1. A single continuous period of unbroken leave

An employee has an automatic right to take a continuous block of leave which they request in a single notification providing it does not exceed the total number of Shared Parental Weeks available to them.  Employees must also give at least 8 weeks’ notice.

2. Discontinuous leave, (multiple periods of leave over a period of time where the employee intends to return to work between each period of leave).

An employee may be granted permission to take Shared Parental Leave (SPL) over a number of split periods up to a maximum of three blocks.  Employees should discuss such requests with their line manager and HR in advance of submitting formal notice.  Each request for discontinuous leave will be considered on a case by case basis.

If the University is unable to agree to your request straight away, there will be a 2 week discussion period.  At the end of that period, any agreed arrangements will be confirmed in writing. If agreement is not reached, the employee will be entitled to take the full amount of requested Shared Parental Leave (SPL) as one continuous block, commencing on the start date stated in the notice.  (eg a request of three separate periods of four weeks, the employee would be entitled to one 12 week period of leave).

Alternatively:

An employee can choose a new start date (which must be at least 8 weeks after the original period of leave notice was provided) and notify the University within 5 days of the end of the 2 week discussion period; or

Withdraw their period of leave notice within two days of the end of the 2 week discussion period.  This will not be counted as a request and a new request can be submitted)

Shared Parental Leave can only be taken in complete weeks but may begin on any day of the week.  For example, if a week of Shared Parental Leave commenced on a Friday it would end on a Thursday.

13.0 - Requests to Vary arranged Shared Parental Leave 

Employees can vary or cancel an arranged period of Shared Parental Leave, provided they advise their line manager in writing at least 8 weeks before the original leave date or the new leave date, whichever is earlier.  A request to vary pre-agreed leave should be made using the “Request to Book or Vary Shared Parental Leave” form.  Any revised commencement date for Shared Parental Leave cannot be earlier than eight weeks from the date of the variation request.

Any cancellation or variation made by the employee will normally count as one of the three opportunities to book / vary leave.  A change as a result of an earlier birth date or as a result of the University requesting a change (agreed by the employee) will not count as one of the employee’s three opportunities.

14.0 - Shared Parental Leave in Touch (SPLIT) days 

Employees and Line Managers are encouraged to keep in touch during period(s) of Shared Parental Leave. 

An employee is able to attend work for up to 20 days over the course of their full Shared Parental Leave without ending any period of Shared Parental Leave.  Any work carried out on a full or part day is known as Shared Parental Leave In Touch (SPLIT) days and will constitute a day’s work for these purposes.  This is in addition to any Keeping in Touch (KIT) days you may have taken during maternity or adoption leave. 

Before any period of Shared Parental Leave commences the Line Manager should discuss arrangements with the employee around how contact will be maintained during their period(s) of leave.

15.0 - Terms and Conditions during Shared Parental Leave (SPL)

During any period of Shared Parental Leave all your normal terms and conditions of employment continue with the exception of salary, as explained above.  Any benefits will continue as normal.  

Pension contributions will continue to be made during any period when the employee is receiving Shared Parental Pay but not during any period of unpaid Shared Parental Leave. 

16.0  Time off for Antenatal Care

Employees are entitled to take reasonable paid time off work to attend antenatal appointments, as advised by their GP or Midwife.  Evidence of appointments must be provided if requested by the line manager.     

17.0 Annual Leave

Employees who are on Shared Parental leave continue to accrue annual leave at their normal rate.  This can often lead to a build up of accrued annual leave.

The line manager may wish to agree with the employee that they may carry forward annual leave in these circumstances.

Many employees use their accrued annual leave to extend their leave on a paid basis or to facilitate a phased return to work, enabling them to return to being paid at their normal rate. 

HR recommends that use of accrued annual leave is discussed and agreed between the line manager and the employee as early as possible to enable them to plan for cover of the employee’s workload while she is on maternity leave. 

18.0 Miscarriage and Stillbirths

In the unfortunate event that the baby is stillborn (after 24 weeks of pregnancy), all the provisions outlined in this policy will apply in the same way as with a live birth. Within the Special Leave policy there is also an entitlement to Parental Bereavement leave.

18.1 Baby Loss Leave 

If an employee experiences a miscarriage prior to the start of the 25^th week of pregnancy, the University offers support of three days paid leave to the mother or partner.  Any further subsequent absence from work in this instance would be arranged under the Sickness Absence Management Policy, Bereavement Leave or Annual Leave. Please note in these circumstances, employees will not be entitled to Shared Parental leave or pay.

19.0 Changes to return date of Shared Parental Leave

Employee’s will have been advised in writing of the end date of any period of SPL and are expected to return to work on the next working day after this date, unless they notify the University otherwise.  If they are unable to attend work due to sickness or injury, the University’s normal arrangements for sickness absence will apply.  In any other case, failure to return to work without prior authorisation will be treated as unauthorised absence.

If an employee wishes to end a period of Shared Parental Leave (SPL) early, then must give 8 weeks’ prior notice, in writing, of the new return date.  This will count as 1 of the 3 allowed notices to book or vary leave that employees are allowed to take.

If an employee wishes to extend their Shared Parental Leave (SPL) they must submit a Request to Book or Vary Shared Parental Leave (appendix2) detailing the new period of leave notice at least 8 weeks before the date they were due to return to work, assuming they still have Shared Parental Leave (SPL) entitlement remaining and have not already submitted 3 periods of leave notices.

If an employee is unable to request more Shared Parental Leave (SPL) they may be able to request annual leave or ordinary parental leave.  This may be granted subject to business needs.

19.1 Returning to Work after Shared Parental Leave

19.1.1 Line Manager’s responsibilities 

Planning for the employee’s return to work should ideally commence no later than four weeks before the date of return. Line managers should follow the “Return to Work Induction” plan which is available from Human Resources (add in induction link), this will help ensure that key information  or re-training is considered, especially if significant changes have occurred within the School/Department in their absence.

19.1.2 Employee’s responsibilities

Employees should also consider the follow questions prior to their return and ensure that a discussion has taken place with their line manager that covers off these points:

• Is there anything that you need your manager/team or colleagues to prepare ready for your return to work?
• How would you like your first few days to be organised/structured to ensure that you have an effective return into the workplace?
• What support do you need from your manager (e.g. time, briefing etc.) in the early days of your return to enable an effective return to work?

If an employee has any concerns in relation to their return to work, these should be raised with the line manager, to consider how they may be mitigated or addressed.

20.0 Contractual Rights 

Normal employment terms and conditions continue throughout the period of maternity leave, with the exception of salary, which is modified, as explained above.  The employee is entitled to return to the same role following an absence due to maternity leave.

Should you have any outstanding queries following review of this policy please do not hesitate to contact a member of the HR Team to discuss.  

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