enhanced shared parental pay

Consider when the enhanced pay will be available. Scenario 3 Emmanuel and Nina are expecting a baby. 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. 6 Maximum total occupational pay eight weeks full pay, 18 weeks half pay, 13 weeks unpaid. 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. 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. Enhanced Shared Parental Leave Pay is not discriminatory. 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. - 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. 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. Where enhanced maternity pay is contractual, the sex equality clause does not apply as it relates to special treatment related to maternity. 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. Our original plan was for me to take 26 weeks off as maternity, and then my husband would take his 12 weeks. 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. Any ShPP due will be paid at the statutory rate set by the UK Government for the relevant tax year. I'm entitled to 12 weeks full paid maternity pay. • The above is irrespective of whether Hassan received enhanced pay for his combined 13 week shared parental leave period (six weeks plus seven weeks). 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. Enhanced Shared Parental Pay. Who pays Shared Parental Pay? Enhanced Shared Parental Leave and Pay. 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. which can be taken up to a year after a child is born or adopted. This decision also has a direct impact on shared parental leave take-up levels, the survey suggests. HMRC revealed that less than 1% of those eligible had made use of it in 2016. 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 … Remember that Shared Parental Leave can commence at any point during the relevant 52 week period. For example, SPL with 26 weeks’ full pay followed by 13 weeks’ ShPP. 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 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. 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. 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. 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. 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. Hello, really hoping there's someone here who has been in a similar situation (or who works in employment law or HR!) If it doesn’t make financial sense for fathers to take leave, working mothers are forced to take an extended period of leave. 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. You can share up to 50 weeks of leave and up to 37 weeks of pay between you. NB Nathan is not entitled to any paid leave and will have to decide how much time he can afford to take. 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 . 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. What is Shared Parental Pay? Capita paid enhanced maternity pay for the first 14 weeks of leave and enhanced paternity pay for 2 weeks followed by statutory SPP. Do employers have to enhance shared parental pay? Some employers might offer more than the statutory minimum for SPL. 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. Statutory shared parental pay is paid at a flat rate. 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. In support of this, the University provides parental benefits - including Shared Parental Pay (ShPP) - that are above the statutory minimum. If so, there's reason to be cautiously optimistic, according to recent research from XpertHR and Personnel Today. 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. As employers prepare for the introduction of shared parental leave, one of the key questions they face is whether or not to provide enhanced shared parental pay to match their enhanced maternity pay schemes. My husband's company offers 12 weeks full paid shared parental. Next. 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. 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. 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 policy sets out the entitlements and benefits for a new mother and her partner in relation to Shared Parental Leave (ShPL) and ShPP. 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. who can offer some advice! Both parents should check whether their employer offers enhanced shared parental pay as that may affect decisions on who takes the leave. Enhancing shared parental pay by choice. The amount of available will be. 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. And three-quarters of those said they would match the pay offered to mothers. 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. ShPP is paid at the rate of £145.18 a week or 90% of your average weekly earnings, whichever is lower. 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. More than half the organisations (56 per cent) that currently offer enhanced maternity pay said they would also offer enhanced shared parental pay. The case has raised serious questions around enhanced maternity pay, and shared parental pay. Background 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). 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. This should be in the employee’s written terms or written in a workplace policy document. Checking eligibility for Shared Parental Leave . From 5 April 2015, new legislation will allow mothers, fathers, partners, and adopters to opt to share parental leave. 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. Print Download. If I pay enhanced maternity pay do I have to pay more Shared Parental Pay too? 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. Shared parental leave entitles the parent not taking maternity leave to effectively share 50 weeks of any of the un-taken leave. However, it will no doubt come as a blow to those campaigning for greater uptake of shared parental leave. Any remaining weeks of pay will convert to ShPP. That means only Ade is entitled to Shared Parental Leave, if she wishes to take it. 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