Shared Parental Leave – Procedure and Guidance
The new Shared Parental Leave regulations are very complex and in the light of future interpretation
and guidance, the University reserves the right to revise these procedures and guidance.
Consequently, these arrangements must be kept flexible to adapt and are not contractual.
Shared Parental Leave (SPL) enables eligible parents to choose how to share the care of their child
(or in the case of multiple births or adoptions, children) during the first year of birth or adoption. Its
purpose is to give parents more flexibility in considering how to best care for, and bond with, their
child. All eligible employees have a statutory right to take Shared Parental Leave. There may also be
an entitlement to some Shared Parental Pay (ShPP). This procedure sets out the statutory rights and
responsibilities of employees who wish to take statutory Shared Parental Leave and the University
Shared Parental Pay (UShPP) and/or statutory Shared Parental Pay (SShPP).
The University recognises that employees may have questions relating to their shared parental
rights. It is the University’s policy to encourage open discussion between employees and their
managers/ HR services to ensure that questions can be resolved as quickly as possible.
This procedure applies to employees of the University whether they are the mother/primary adopter
or the partner of the mother/primary adopter. If the mother/primary adopter is employed by the
University of Exeter, then their partner must submit any relevant notifications to their employer,
which may have its own Shared Parental Leave policy, if they wish to take a period of Shared
Parental Leave. Similarly, if the partner is employed by the University, then the mother/primary
adopter must submit any notifications to her own employer to take Shared Parental Leave. Please
see Appendix A for definitions of mother/primary adopter and partner.
Who is Eligible?
Shared Parental Leave can only be used by two people:

The mother/primary adopter and

One of the following:
o
the father of the child (in the case of birth)or
o
the spouse, civil partner or partner of the child's mother/ primary adopter.
Both parents must share the main responsibility for the care of the child at the time of the
birth/placement for adoption.
Mothers of babies due and adoptive parents who are matched on or after 5 April 2015 may be able
to bring their maternity/adoption leave to an end early (in the statutory regulations this is called
“curtailment”) and convert the balance of the leave into Shared Parental Leave. This leave can then
be taken by either the mother/primary adopter or father/secondary adopter or in some cases, the
mother/primary adoptive parent’s husband or partner. The leave must be taken in blocks of at least
one week (they must be whole weeks).
There are different qualifying arrangements for the pay and leave. We recommend all employees
check the government eligibility calculator. Please note that this should just be used as an eligibility
calculator and not for pay purposes as the University has an enhanced pay scheme for those that are
eligible.
This procedure has been split into sections. Section A is relevant if you are the mother/primary
adopter and you are an employee of the University. Section B is relevant if you are the partner and
you are an employee of the University. You only need to read the relevant section. Section C is for all
employees.
Section A – The eligibility of the mother/primary adopter who is an employee of the
University for University Shared Parental Leave and Pay
In order to check your eligibility please use the government eligibility calculator. Please note that
this should just be used as an eligibility calculator and not for pay purposes as the University has an
enhanced pay scheme for those that are eligible.
LEAVE
To qualify for leave you as the mother/primary adopter must have:

a partner

be entitled to either statutory maternity/adoption leave

have curtailed, given notice to reduce your maternity/adoption leave or returned to work
before the end of your statutory maternity/adoption leave

be an employee of the University of Exeter

share primary responsibility for the child with the other parent at the time of the birth or
placement for adoption

have properly notified the University of your entitlement, intention to take leave and the
period of leave, providing all the necessary declarations and evidence

passed the continuity of employment test (see below)
In addition, for you as the mother/primary adopter to be eligible your partner must:

meet the employment and earnings test (see below)

share primary responsibility for the child with you at the time of the birth or placement for
adoption
Continuity of employment test
Employment and earnings test
Employee has worked for the University for at
least 26 weeks at the end of the 15th week
before the child’s expected week of birth
(qualifying week)/the week in which the adopter
is notified of having been matched (qualifying
week) and is still employed by the University in
the week before the start of each leave period.
In the 66 weeks leading up to the baby’s
expected week of birth/week in which the
adopter is notified of having been matched, the
person has been an employed or self-employed
earner for all or part of (e.g. part time) at least
26 weeks and earned an average of at least £30
a week in any 13 weeks in Great Britain.
PAY
To qualify for the University Shared Parental Pay (and statutory Shared Parental Pay) you as the
mother/primary adopter must:

meet the continuity of employment test (above)

have normal weekly earnings for a period of eight weeks ending with the 15th week before
the expected week of childbirth of at least the lower earnings limit for national insurance
contribution purposes;

share primary responsibility for the child with the other parent at the time of the birth or
placement for adoption

be absent from work and intend to care for the child during each week in which you receive
University Shared Parental Pay. This means that you should do no paid work other than
SPLIT days, during a period of Shared Parental Leave; and

be entitled to statutory maternity/adoption pay/maternity allowance in respect of the child,
and the maternity pay period has been reduced.
In addition, for you to be eligible for University and statutory Shared Parental Pay, your partner
must:

meet the employment and earnings test (above)

share primary responsibility for the child with you at the time of the birth or placement for
adoption
Section B – The eligibility of the partner who is an employee of the University for
University Shared Parental Leave and Pay
In order to check your eligibility please use the government eligibility calculator. Please note that
this should just be used as an eligibility calculator and not for pay purposes as the University has an
enhanced pay scheme for those that are eligible.
LEAVE
To qualify for leave you as the partner must;

have a partner

meet the continuity of employment test

share primary responsibility for the child with the other parent at the time of the birth or
placement for adoption

comply with the relevant Shared Parental Leave notice and evidence requirements

be an employee of the University of Exeter
In addition, for you to be eligible for the leave the mother or primary adopter must;

meet the employment and earnings test

share primary responsibility for the child with you at the time of the birth or placement for
adoption

be entitled to statutory maternity leave or pay/adoption leave or pay/maternity allowance
in respect of the child

comply with the relevant maternity leave or pay curtailment requirements or have returned
to work before the end of the statutory maternity leave
PAY
To qualify for University Shared Parental Pay (and statutory Shared Parental Pay) you as the
partner must;

meet the continuity of employment test (see above)

have normal weekly earnings for a period of eight weeks ending with the 15th week before
the expected week of childbirth of at least the lower earnings limit for national insurance
contribution purposes;

share primary responsibility for the child with the other parent at the time of the birth or
placement for adoption

be absent from work and intend to care for the child during each week in which you receive
University Shared Parental Pay
In addition for you to be eligible for the University and statutory Shared Parental Pay the mother or
primary adopter must;

meet the employment and earnings test (see above)

share primary responsibility for the child with you at the time of the birth or placement for
adoption

be entitled to statutory maternity/adoption pay/maternity allowance in respect of the child
and the maternity/adoption pay/ leave and or allowance period has been curtailed
Section C – for All Employees
What am I entitled to?
The first two weeks after birth/adoption must be taken as compulsory maternity leave/adoption
leave by the mother/primary adopter.
Eligible parents/partners will then be able to share a maximum of 50 weeks leave including 37
weeks’ statutory pay (as below), for the purpose of caring for a child within the first year of the
child’s life or in the year after the child is placed for adoption. Where you or the other parent have
already taken maternity or adoption leave and pay in respect of the same birth or adoption the
equivalent amount of leave and pay will be deducted from the start of your University Shared
Parental Pay.
Both parents must satisfy the eligibility criteria and at least one parent must be employed by the
University of Exeter.
Please note that;

Shared Parental Leave cannot be taken until the birth or the placement of the child.

once the mother/primary adopter has given their employer a maternity/adoption leave
curtailment notice it can only be withdrawn in very limited circumstances (see below), and
can’t be withdrawn if they have already returned to work. The mother/primary adopter will
then only be able to take Shared Parental Leave and cannot opt back into
maternity/adoption leave.

if the father/partner intends to take Paternity/Maternity support Leave and Pay this should
be taken before the commencement of the Shared Parental Leave /University Shared
Parental Pay. Paternity Leave/Pay cannot be taken after Shared Parental Leave /University
Shared Parental Pay.
Limited circumstances for withdrawing the curtailment of maternity/adoption leave:

within eight weeks of the mother submitting notice to end their maternity/adoption leave it
transpires that neither parent qualifies for Shared Parental Leave or Shared Parental Pay

when notice was given before birth, it may be withdrawn without a reason up to six weeks
following the birth

the partner dies
What will I be paid?
Shared Parental Leave and Shared Parental Pay are separate entitlements.
Shared Parental Pay payments may consist of two elements, statutory Shared Parental Pay and
University Shared Parental Pay.
Shared Parental Leave and Shared Parental Pay cannot commence until the end of the compulsory
two-week maternity or adoption leave period.
Statutory Shared Parental Pay (SShPP)
Statutory Shared Parental Pay is paid at a statutory flat rate set by the government for up to 39
weeks’ pay, less any week where SMP/MA/SAP is received, within the 52 weeks following the birth
or placement of the child. Within the framework of the regulations parents can decide who is paid
the statutory amount and when.
Consequently, within the University scheme employees can choose whether, if eligible, to receive
statutory Shared Parental Pay only or a combined Statutory Shared Parental Pay and University
Shared Parental Pay.
If you are eligible for University Shared Parental Pay but are undecided about whether you wish to
return to work you may request that the University Shared Parental Pay element of your Shared
Parental Pay be deferred. If you decide to return to work then payment can be made as a lump sum.
University Shared Parental Pay
Some employees will be eligible for the University Shared Parental Pay (UShPP), which is the pay
that the University pays over and above statutory Shared Parental Pay (SShPP). Entitlement to the
University Shared Parental Pay will depend on:


meeting the eligibility requirements set out in Section A or B above
giving the appropriate notice


opting to take statutory Shared Parental Pay at the same time as the University Shared
Parental Pay scheme and
returning to work following your leave for a period of at least 3 months (or an equivalent
period of time if you reduce your hours).
If the above requirements are met, you will be eligible to receive the benefits of the University
Shared Parental Pay Scheme. This will be subject to how much maternity/adoption leave has been
taken, and how the Shared Parental Leave and pay are shared between the parents. Please see
examples in the pay section.
You may be entitled to (in chronological order of Shared Parental Leave):
If you have been working at the University for 26 weeks ending with the Qualifying Week and you earn
above the lower earnings level, you will be eligible for the University Shared Parental Pay at:
Up to 6 weeks (following 2 weeks compulsory
maternity/adoption leave)
University Shared Parental Pay at the rate of your full pay
inclusive of Statutory Shared Parental Pay (SShPP).
only in the weeks 2-8 following the start date of
maternity/adoption leave1
Up to 16 weeks
University Shared Parental Pay at the rate of half your
only in the weeks 9 – 24 following the start date
normal pay plus Statutory Shared Parental Pay.
of maternity/adoption leave;
Up to 15 weeks
Up to 13 weeks
You may opt to take any remaining Statutory Shared
Parental Pay (up to 15 weeks’ worth).
Unpaid Leave
If you have been working at the University for 26 weeks ending with the Qualifying Week and you earn
below the lower earnings level you will be eligible for the UShPP at:
Up to 6 weeks (following compulsory
maternity/adoption leave)
only in the weeks 2-8 following the start
date of maternity/adoption leave
Up to 16 weeks
only in the weeks 9-24 following the start
1
University Shared Parental Pay at the rate of your full pay (less
deductions for benefits paid by the Department for Work and
Pensions (DWP). Please note you are required to notify your HR
Business Partner of any payments you receive from DWP.
Half pay (subject to a maximum of full pay when combined
with payments from DWP).
Please note that Shared Parental Leave also cannot begin until the birth of the child/placement of the child.
date of maternity/adoption leave;
15 weeks
of benefits from DWP (if eligible).
13 weeks
unpaid leave.
If you have been working at the University for less than 26 weeks ending with the Qualifying Week:
you should contact the Department for Work and Pensions as soon as possible to discover if you are eligible
for any statutory payments. You may qualify for the leave.
How can I use my Shared Parental Pay and Leave with my partner?
Shared Parental Pay and Leave can be taken by both parents at the same time, separately or with
gaps.
If Shared Parental Leave is taken simultaneously by both parents, the entitlement to pay is split
evenly between them and will reduce at twice the rate than if one parent was taking Shared Parental
Pay. The enhanced rate paid by the University is linked to the statutory pay and so as one is depleted
so is the other.
It is important that you understand how the payment works for further clarification seek advice from
your HRBP.
Example 1 A mother and her partner are both eligible for Shared Parental Leave and Pay. The mother
works for the University. Her partner works elsewhere.
Leave – The mother ends her maternity leave after 12 weeks, leaving 40 weeks (of the total 52 week
entitlement) available for Shared Parental Leave. She then takes the next 30 weeks as Shared
Parental Leave and her partner takes the remaining 10 weeks.
Pay – The mother receives 8 weeks’ full pay and 4 weeks half pay plus SMP while on maternity leave
(as University Maternity Pay) and then curtails her Maternity leave and pay and transfers the
remaining 12 weeks of University Maternity Pay at half pay plus SMP, together with 15 weeks at
statutory rate and 3 weeks unpaid, into her Shared Parental Leave. The partner then takes the final
10 weeks of Shared Parental Leave unpaid.
Mother
Mat leave and Pay
Shared Parental Leave and Pay
Uni
Employee
12 weeks
30 weeks
(8 weeks full pay (inc SMP), (12 weeks at half pay plus SShPP and 15
4 weeks half pay plus SMP) weeks at Statutory ShPP and 3 weeks
Back at
work
unpaid)
Partner
Works
elsewhere
Back at work
Paternity
Leave
SPL and
SHPP
2 weeks
10 weeks
(depending on
company
policy this
could be paid)
(Unpaid)
Example 2 A primary adopter who works for another employer (not the University) takes the first
two weeks after placement as adoption leave and the partner (who works at the University) takes
these same weeks as paternity leave.
Leave - Then they curtail the adoption leave and transfer into Shared Parental Leave and each take a
further 8 weeks together. Then the partner returns to work and the primary adopter remains on
leave for the final 34 weeks.
Pay - The partner is the University employee and will be on full pay (including statutory Shared
Parental Pay) for 3 weeks (2 have already been used on Adoption leave by the primary adopter and
then as the primary adopter is on leave at the same time the pay weeks are shared between the two
parents, resulting in payment for the University employee of a further 5 weeks on half pay plus
statutory Shared Parental Pay. The primary adopter, as they have elected to will also take statutory
Shared Parental Pay. They will be paid at least statutory Shared Parental Pay and according to their
employer’s policy. The partner who is the University employee returns at this point (agreed in
advance) and the primary adopter remains on statutory Shared Parental Pay for 21 weeks.
Partner
Uni
employee
Adoption
Support
Leave
Shared Parental Leave
2 weeks
(3 weeks at full pay inc. Statutory
SHP and 5 weeks at half pay plus
statutory ShPP)
(full pay)
Primary
Adopter
Works
elsewhere
Adoption
leave
Return to work
8 weeks
Shared Parental Leave
Shared Parental Leave
8 weeks
34 weeks
2 weeks
(paid as by
company
(8 weeks of Statutory ShPP and
(Paid at company rate but will have
21 weeks of statutory ShPP to take)
policy)
whatever company policy states)
Example 3 The mother works elsewhere and her partner works at the University.
Leave - They both decide to take the first six months off together. The first two weeks are used by
the mother as compulsory maternity leave and the partner takes two weeks paternity/maternity
support leave. There are 50 weeks left to share as Shared Parental Leave. They decide to split this
equally and take 25 weeks together.
Pay - The partner would be eligible for 3 weeks at full pay (including SShPP), 8 weeks at half pay plus
statutory Shared Parental Pay and 7 weeks at statutory Shared Parental Pay only and the final 7
weeks unpaid. The mother would be paid as per her employer’s policy.
Partner
Paternity Leave
Shared Parental Leave
Uni Employee
2 weeks
25 weeks
(full pay including SPP)
(3 weeks at full pay including Statutory ShPP, 8 weeks
at half pay plus statutory ShPP, 7 weeks at statutory
ShPP only and 7 weeks unpaid)
Mother
Maternity Leave
Shared Parental Leave
Works
elsewhere
2 weeks
25 weeks
(19 weeks of Statutory ShPP and whatever company
policy states and 6 weeks unpaid2)
Multiple Births/Placements
In the case of a multiple birth or the adoption of more than one child, the parents are entitled to the
same benefits as if they were having one child.
Death of the child before or during birth or within the first year
If you have submitted your notice of entitlement and have booked leave you will be able to take the
leave. No further booking of leave can take place and you may only be allowed to submit one
variation to either reduce the block or move a discontinuous block to a continuous one.
If you have not submitted your notice of entitlement then you cannot opt into Shared Parental
Leave.
2
Where there are an uneven number of weeks to share, ACAS have advised that the mother/primary adopter
will ‘use’ the additional week.
How do I apply?
Any employee considering taking Shared Parental Leave is encouraged to contact their line manager
and their HR contact as early as possible to discuss eligibility and options available.
The University has developed forms to complete that meet the eligibility criteria of “notice” (which is
the terminology used in the statutory regulations) as set out below. Please ensure you use these
forms. If necessary the University may seek additional evidence.
If you are the mother/primary adopter and you are employed by the University, are entitled and
intending to take Shared Parental Leave and University and or statutory Shared Parental Pay, you
must give notice of your Shared Parental Leave as outlined below using form PD48a (giving at least
eight weeks’ notice);
1. A maternity/adoption leave and pay curtailment notice to your line manager and HRBP and
2. A notice of entitlement and intention giving an initial non-binding indication of leave (giving
at least 8 weeks’ notice) and
3. A period of leave notice (PLN) giving at least eight weeks’ notice of a binding agreement of
the leave to be taken.
If you are the partner and you are employed by the University, are entitled and intending to take
Shared Parental Leave and Shared Parental Pay, you must give notice of your Shared Parental Leave
as below using form PD48b (giving at least eight weeks’ notice);
1. A notice of entitlement and intention giving an initial non-binding indication of leave, signed
by yourself and the mother/primary adopter and
2. A period of leave notice (PLN) giving at least eight weeks’ notice of a binding agreement of
the leave to be taken.
Additional Evidence
The University may request a copy of the child’s birth certificate and the contact details for the
employee’s partner’s employer. In adoption cases, the University may also request contact details
for the adoption agency. If requested, these details must be provided within 14 days.
Once a notice for curtailment has been given it is binding except where the limited circumstances for
withdrawing are met (see above section).
What can I apply for?
Shared Parental Leave is designed to offer flexibility for parents caring for children in their first year
of life or the first year of placement following an adoption. It must be taken in complete weeks. It
can be taken as one continuous block or separate blocks of complete weeks. It does not need to
start as soon as a mother/primary adopter curtails their entitlement to maternity/adoption leave.
You have the right to submit three notifications specifying leave periods you are intending to take.
Continuous leave notifications
A notification can be for a period of continuous leave, which means a notification of a number of
weeks taken in a single unbroken period of leave (for example, six consecutive weeks).
You have the right to take a continuous block of leave notified in a single notification, so long as it
does not exceed the total number of weeks of Shared Parental Leave available to you (specified in
the notice of entitlement) and you have given the University at least eight weeks’ notice.
You may submit up to three separate notifications for continuous periods of leave.
Discontinuous leave notifications
A single notification may also contain a request for two or more periods of discontinuous leave,
which means asking for a set number of weeks of leave over a period of time, with breaks between
the leave where you return to work (for example, an arrangement where you take two months of
Shared Parental Leave, return to work for two months and then have another period of Shared
Parental Leave for two months).
Where there is concern over accommodating the notification, you or the University may seek to
arrange a meeting or have the discussion via telephone, email or skype (if appropriate) to discuss the
notification with a view to agreeing an arrangement that meets both yours and the University’s
needs. This procedure allows for a two week discussion period.
The University will consider a discontinuous leave notification but has the right to refuse it. If the
leave pattern is refused, you can either withdraw it within fifteen days of making the original request
notification, or can take the leave in a single continuous block, in which case you should choose a
start date that is at least eight weeks from the date on which you originally notified the University.
You must notify the University of your decision (in writing) within five days of the end of the twoweek discussion period. If you do not notify the University then the period of leave will begin on the
date on which you had requested to start your first period of SHPL as a single continuous block. A
notice that is withdrawn before it is agreed does not count towards the three requests you can
make.
All requests must be submitted to your line manager with your HRBP/HR Advisor copied in using
either Form PD48a or PD48b.
What if I want to vary my request or cancel it?
Variation/Cancellations to leave
You can amend or cancel an agreed and booked period of Shared Parental Leave provided it is done
in writing at least eight weeks before the start of the leave period. You can

Vary the start or end date of any period of leave or cancel the request for leave

Request that a continuous period of leave becomes discontinuous

Request that a discontinuous period of leave becomes continuous
This will count as one of the three notifications you are entitled to make, unless it is being done
because the child was born early or if the University has requested the change (and the employee
has agreed).
How do I and the University keep in touch during my leave?
It is good practice for an employee and their line manager to keep in contact during periods of
Shared Parental Leave. Before you start your leave, talk to your line manager and agree what kind of
contact you will have, so that there is a clear understanding of your aspirations and expectations and
those of your manager. For example:

would you like to be updated about changes happening at work? If so, how would you like
changes to be communicated to you?

would you like the opportunity to attend work during your Shared Parental Leave to keep in
touch, go to a particular event or take up a training opportunity? (if so see below)
Shared Parental Leave in Touch (SPLIT) days are a provision intended to help you and the University
maintain contact during a period of SPL.
Key points for SPLIT days
These days are optional and the decision to undertake a SPLIT day must be made by agreement
between you and your line manager (there are no rights for either the employer or the employee to
require such days).

there can be up to 20 SPLIT days per parent taken during the period of Shared Parental
Leave. The type of work can be anything that you would normally do and be paid for, and
could include attendance on training courses and at conferences

you will not be paid for attending SPLIT days, nor will it be possible for the University to
meet any additional childcare costs. However, for each SPLIT day, your physical return to
work will be deferred by one day. For example, if you are a full time member of staff who
normally works Monday-Friday, and you were due to return to work on Monday 2
November and worked 5 SPLIT days. For payroll purposes you would be treated as returning
to work on Monday 2 November, but would not physically return until Monday 9 November.
If, however, SPLIT days occur during the period when you are receiving Shared Parental Pay,
payment of Shared Parental Pay will not be affected.

any work carried out on any SPLIT day will count as one full day

for health and safety reasons a mother must not work during the first two weeks after the
baby is born
By maintaining a minimal, but regular, presence during Shared Parental Leave - bearing in mind
there is no obligation for the employee to do so – SPLIT days can offer real benefit to you and the
University.
What about my terms and conditions?
During Shared Parental Leave you are entitled to the same terms and conditions that would have
applied had you not taken the leave, with the exception of remuneration.
All Shared Parental Leave will be pensionable (subject to the rules of the pension scheme you are a
member of – for information see the pensions webpage) and will be taken into account for any
entitlement to pay increments.
Salary Exchange
Please see the details on this page regarding salary exchange. The University will, where possible and
appropriate, match the arrangement for maternity leave.
Fixed term employees
If you are employed on a fixed term contract, your employment and payment of University Shared
Parental Pay will end on the expiry date of the fixed term contract, although statutory Shared
Parental Pay will continue to be paid if eligible, as long as you don't start work again during this
period.
Returning to work
If you receive University Shared Parental Pay, the University may reclaim from you all or part of the
non-statutory element of this parental pay if you fail to return to work for at least 3 months
following your Shared Parental Leave (or an equivalent period of time if you reduce your hours). This
excludes any non-working periods (e.g. SPLIT days, parental leave, vacation time for term time only
workers).
Please see the University policy on overpayments for details on how the money would be repaid by
you to the University.
If you have had 26 weeks or less of Shared Parental Leave plus any maternity/adoption or paternity
leave you have the right to return to the same job.
If:

you have been on leave for more than 26 weeks when added to any other period of relevant
statutory leave taken in relation to the child; or

the Shared Parental Leave was the last of two or more consecutive periods of relevant
statutory leave which included a period of parental leave of more than four weeks, a period
of additional maternity leave, or a period of additional adoption leave, (regardless of
whether the total amount of relevant statutory leave taken is 26 weeks or less)
you are entitled to return from leave to the job in which you were employed before the absence, or,
if it is not reasonably practicable for the University to permit you to return to that job, to another job
which is both suitable and appropriate for you in the circumstances.
Annual Leave
You are advised to take as much outstanding leave as possible before the start of your Shared
Parental Leave, however you should discuss your leave arrangements with your line manager and
clarify and record the agreement made with them.
As a minimum, you are required to take the annual leave you have accrued up to the date you
commence your Shared Parental Leave, e.g. if you wish to commence your Shared Parental Leave on
1 February, you should have taken 1/12th of your leave entitlement. However, your manager may
agree to allow you to take more than the period accrued up to the start of your Shared Parental
Leave
Accruing annual leave during Shared Parental Leave
You will continue to accrue annual leave during the period of Shared Parental Leave which can be
taken when your Shared Parental Leave finishes and you return to work. Leave should be taken
within the year in which it is accrued, except in those circumstances where your period of Shared
Parental Leave continues into the next calendar year (and, therefore, a new annual leave year). In
such cases, any outstanding leave may be carried forward to the following year, providing it is taken
in full, immediately following the period of Shared Parental Leave. Payment in lieu of annual leave
cannot be made.
During your SPL, bank holidays and closure days that fall on days you would have worked, will be
marked as 'not taken' in trent and will not be deducted from your holiday entitlement. You will be
able to book this leave in trent.
Special Circumstances
In certain situations your rights and requirements regarding Shared Parental Leave and Shared
Parental Pay may change. In these circumstances the University will abide by any statutory
obligations and you should refer to the documents listed below and/or clarify any issues or queries
with your HRBP.
Law relating to this document:
•
The Shared Parental Leave Regulations 2014
•
The Shared Parental Pay (General) Regulations 2014
•
The Maternity and Adoption Leave (Curtailment of Statutory Rights to Leave) Regulations
2014
•
Employment Rights Act 1996
•
Child and Families Act 2014
•
Equality Act 2010
Further guidance available
The arrangements for this scheme are legislatively complex. This guidance covers the general
principles and the most common scenarios we expect. In the event of complicated cases, Services
and Colleges should speak to their HRBPs to request further advice. It may be necessary to seek
further advice from the University’s legal team.
The following further guidance is also available;
Policy
Frequently Asked Questions
Process Flowchart
Forms
Guidance for Managers
Please speak to your HR Business Partner/Advisor for anything further or to discuss your individual
circumstances.
Appendix A
Definitions
“Mother” means the mother or expectant mother of the child.
“Primary Adopter” means the parent who is nominated as the primary care giver when adopting a
child.
"Partner" means the father of the child, or the person who, at the date of the child's birth, is married
to, the civil partner of, or the partner of the mother/ primary adopter. This includes someone, of
either sex, who lives with the mother/primary adopter and the child in an enduring family
relationship but who is not the mother/primary adopter's child, parent, grandchild, grandparent,
sibling, aunt, uncle, niece or nephew.
"Expected week of childbirth" means the week, starting on a Sunday, during which the mother's
doctor or midwife expects her to give birth.
“Qualifying week” refers to the end of the 15th week before the child’s expected week of birth or in
the case of adoption the week in which the adopter is notified of having been matched.
“SPL” refers to Shared Parental Leave.
“ShPP” refers to Shared Parental Pay.
“SShPP” refers to Statutory Shared Parental Pay.
“UShPP” refers to the University Shared Parental Pay.
Web address for the government eligibility checker https://www.gov.uk/pay-leave-for-parents