Shared Parental Leave Policy

Purpose

This policy sets out Wilson Vale Catering’s commitment to ensure a consistent and supportive approach to shared parental leave across the business and to increase awareness about the provisions available for employees who are going to have a child.

This policy sets out the provision for shared parental leave and shared parental pay for eligible employees.

This policy does not form part of an employee’s contract of employment and Wilson Vale Catering may amend this policy at any time.

Shared Parental Leave

Employees may be eligible for shared parental leave (SPL) if they are having a baby or adopting a child.

An employee can share up to 50 weeks of leave, and up to 37 weeks’ pay between themselves and their partner. Leave and pay must be shared within the first year after the child is born or placed with the family.

SPL must end no later than one year after the birth / placement of the child. Any SPL not taken by the first birthday or first anniversary of placement for adoption will be lost.

How much SPL / Shared Parental Pay (ShPP) eligible employees are entitled to depends on how much maternity entitlement the birth parent has taken / adoption entitlement the primary adopter has taken. It is the same amount even if the employee has more than one baby i.e. twins or one or more children in the same adoption placement.

The employees’ partner must (where relevant) submit any notifications to take SPL to their own employer in line with their own internal policy and process.

Employees can choose to take the same period of leave or stagger the leave and pay. Employees can request to take SPL in one continuous block (in which case Wilson Vale Catering is required to accept the request as long as the employee meets the eligibility and notice requirements), or as a number (maximum of 3) of discontinuous blocks of leave (in which case the employee needs the Wilson Vale Catering agreement within 14 calendar days of the request). SPL must be taken in blocks of at least one week.

If a qualifying employee does not wish to choose to take SPL immediately following the birth or placement of the child, they have an option to opt in at a later date providing they still qualify. The latest that an employee can opt in is 9 weeks before the end of the maximum maternity period i.e. 52 weeks after the date the mother started the maternity leave period.

Eligibility for Shared Parental Leave

To be eligible for SPL, there must be two parents sharing responsibility for a child and the birth parent or primary adopter must do one of the following:

End their maternity or adoption leave and return to work
Provide notice to end (‘curtail’) their maternity or adoption leave early. Curtailment notice must be made in writing and state the date in which the current leave is due to end. The date must be after the ordinary maternity or adoption leave period and at least 8 weeks after the date on which the curtailment notice was given to the employer

The birth parent must still take at least 2 weeks’ maternity leave and the parent claiming adoption pay must take at least 2 weeks’ adoption leave. The birth parent or primary adopter cannot restart maternity or adoption leave once they’ve returned to work.

Where a parent is eligible for paternity leave, if SPL is taken first, the paternity leave will be lost.

Where a parent provides notice to curtail their maternity or adoption entitlement, then the partner can take leave while the parent is still using their maternity or adoption entitlements.

If they’ve given a notice of curtailment, they cannot cancel (‘revoke’) it, unless:

It is less than 6 weeks after the birth or adoption placement date, and the employee provided notice before the birth or adoption placement start date.
The other parent dies.
It is discovered in the 8-week notice period that neither parent is eligible for either SPL or ShPP.

The employee who is taking SPL must:

Share responsibility with the other parent from the day of the child’s birth or adoption placement
Be legally classed as an employee
Pass the ‘continuity of employment test’ and their partner must pass the ‘employment and earnings test’

They are then required to give Wilson Vale Catering ‘Notice of SPL Entitlement.’

Continuity of Employment Test

The employee who is to take SPL must:

Have worked for Wilson Vale Catering for at least 26 weeks by the end of the 15th week before their baby is due or their adoption match date
Still be working for the Wilson Vale Catering at the start of each block of leave they take

Employment and Earnings test

Up to the expected birth date or adoption match date, the other parent must have:

Worked for at least 26 of 66 weeks
Earned an average of at least £30 a week in any 13 weeks

If Responsibility for the Child Ceases

If the employee taking SPL stops sharing responsibility for the child, they must inform Wilson Vale Catering immediately. The entitlement to SPL or Shared Parental Pay (ShPP) will end and they may be required to return to work.

If it is not practical to have the employee back at work straight away, they can still be required to be off for any SPL they had booked for up to 8 weeks. For example, if it has been arranged for someone else to cover the employee’s work. In this case, the employee might still have to take that time off as SPL but will not be entitled to ShPP.

Shared Parental Pay

Statutory Shared Parental Pay (ShPP) is either of the following, whichever is lower:

£184.03 a week.
90% of the employee's average weekly earnings.

Employees can claim statutory ShPP for any remaining weeks after the birth parent or primary adopter stops their:

Maternity pay.
Adoption pay.
Maternity Allowance.

For example, if a parent stops their maternity pay after 30 weeks, they or their partner could get ShPP for the remaining 9 weeks. To do this, the employee must inform Wilson Vale Catering in writing.

Eligibility for Shared Parental Pay

To receive ShPP, the employee must:

Pass the continuity of employment test.
Earn at least £123 a week, for 26 weeks before the 15th week of the expected birth or adoption match date.

The other parent must meet the employment and earnings test. It is up to the parents as to who is paid ShPP and how it is apportioned between them.

Applying for SPL and ShPP and Notice Entitlements to SPL

To use an entitlement to SPL, the employee must provide Wilson Vale Catering with ‘Notice of Entitlement’. This must be in writing and provided at least 8 weeks before the start date of the first period of SPL to be taken. The notice of entitlement should include information such as:

How much maternity or adoption entitlement has been used.
How much leave and pay is left over from the maternity or adoption entitlement.
How much leave each parent wants to take.
When they want to take the leave.
The signature and name of both parents.

The employee must also provide a declaration from the other parent that confirms at the time of the birth or adoption placement they:

Share responsibility for the care of the child.
Meet the employment and earnings test.
Agree to the amount of SPL and ShPP given to the employee.

Once notice of entitlement for SPL has been received, Wilson Vale Catering will:

Confirm that they have received the notice
Take the notice of entitlement as suitable proof

Within 14 days of a notice of entitlement being provided, Wilson Vale Catering can request from the employee:

A copy of the child’s birth certificate (or within 14 days of the child’s birth).
The name and address of the other parent’s employer (or a declaration that the other parent has no employer).
Name and address of the adoption agency.
Date the employee was matched with the child.
Date the child will live with the employee.

The employee can vary or cancel their proposed SPL dates following the submission of a ‘Notice of Entitlement’, provided that the employee provides Wilson Vale Catering with a written notice and at least 8 weeks’ notice before the start date of the first period of SPL to be taken. Any indication of leave intended to be taken that the employee provides in a variation of notice of entitlement is non-binding until the employee provides a period of leave notice in relation to that period of leave. There is no limit on the number of variations of notice of entitlement and intention that the employee can make.

The written notice must contain:

An indication as to when the employee intends to take SPL (including the start and end dates for each period of leave).
Details of any periods of SPL that have been notified through a period of leave notice.
Details of any periods of ShPP that have been notified in relation to periods where SPL was not to be taken; and
A declaration signed by the employee and the partner that they agree to the variation.

Period of Leave Notice

To take a period of SPL, the employee must provide Wilson Vale Catering with a written notice setting out the start and end dates of each period of SPL requested in that notice.

A Period of Leave Notice must be given not less than 8 weeks before the start date of the first period of SPL requested in the notice.

The notice may be given at the same time as a Notice of Entitlement and can be a request for a continuous period of leave or discontinuous periods of leave.

A discussion period of 14 calendar days starts when the Manager receives the Period of Leave Notice.

The Manager should sit down with the employee as soon as possible, to consider how and whether the notification can be agreed. There is no statutory right for the employee to be accompanied to this meeting although the Manager can allow the employee to have a colleague or trade union representative with them.

Each eligible parent has up to 3 times to either:

Book a block of SPL (‘notice to take leave’)
Change the dates of booked SPL (‘notice to vary leave’). If the employee has already used up all their notifications, a Manager is not obliged to consider any more leave notices per employee although they may wish to do so if it is reasonably practicable.

In order to change or cancel the dates for SPL, the employee must give 8 weeks’ notice. Wilson Vale Catering can ask the employee to change the dates of any booked SPL. If the employee agrees this would not count as notice to vary leave. The employee does not have to agree and will not be treated unfairly if they do not.

Discontinuous Leave

Discontinuous leave will be suitable when the employee wants to take blocks of SPL on and off throughout the year (of up to 3 blocks).

Wilson Vale Catering can refuse a discontinuous leave request, for example if it’s not suitable for the work or workplace. They can suggest a different arrangement that’s more suitable.

An agreement should be made within 14 calendar days of the employee’s request. If an agreement is not reached, the employee can either withdraw their request or take continuous leave instead.

Withdrawing their request on or before the 15th calendar day after they originally made it will not count as one of their 3 notices to book or vary leave. Withdrawing their request after the 15th calendar day will count as a notice to vary leave. This means the employee would be using 2 notices in total.

If the employee lets their discontinuous leave request become continuous leave, within 19 calendar days of their original request they can either:

Choose when the continuous leave will start (it cannot start sooner than 8 weeks from the date of the original leave request)
Let the continuous leave start when the discontinuous leave would have started

The employee will need to confirm the option they choose by confirming this in writing.

Early Births

If the baby is born before the due date and the employee had booked to take SPL within the first 8 weeks of the due date, they may take the same period of leave off after the actual birth without having to provide 8 weeks’ notice by submitting a notice to change their leave as soon as is reasonably practicable. This does not count as one of their maximum 3 notifications.

Death of a Parent

If an employee is eligible for SPL and the other parent dies, they can:

Still take SPL as planned
Transfer and use any SPL due to be taken by the other parent

If an employee wishes to book another block of SPL or to change dates of booked SPL, they do not need to give 8 weeks’ notice but should notify Wilson Vale Catering as soon as possible. Even if the employee has already made 3 notices to book or change SPL, they are entitled to submit another.

Death of a Child

If in the unfortunate event that the child dies, the employee can still take the SPL they’ve booked.

The employee can also either:

Decide to take less SPL
Change discontinuous leave into one block of continuous leave

The employee will be required to give 8 weeks’ notice before returning to work where possible. The employee cannot book any new blocks of SPL.

The employee cannot apply for SPL after the death of a child. The birth parent can still get maternity leave, the primary adopter can still get adoption leave and the partner could still be eligible for statutory paternity leave.

Statutory Parental Bereavement Leave

In the unfortunate event that an employee who is pregnant miscarries before the beginning of week 24 of pregnancy, they will be entitled to take Statutory Parental Bereavement Leave and Pay.

An employee may be eligible for Parental Bereavement Leave and Statutory Parental Bereavement Pay if they or their partner either:

Has a child who has died under 18 years old
Had a stillbirth after 24 weeks of pregnancy

An employee can take 2 weeks’ leave from the first day of their employment for each child who has died or was stillborn. They can choose to take:

2 weeks together
2 separate weeks of leave
Only one week of leave

The leave can start on or after the date of the death or stillbirth and must finish within 56 weeks of the date of the death or stillbirth.

An employee has 56 weeks to take Parental Bereavement Leave. This starts from the date of the child’s death.

The 56 weeks is split into 2 periods:

From the date of the death or stillbirth to 8 weeks after.
9 to 56 weeks after the date of the death or stillbirth.

They can take 2 weeks’ leave in one block or as 2 separate blocks of one week and provide the following notice:

0 - 8 weeks after the child’s death or stillbirth - an employee must give notice before the time they would normally start work on the first day of the period they want to take off work
9 - 56 weeks after the child’s death or stillbirth - an employee must give Wilson Vale Catering at least one week’s notice before the start of the week or weeks they want to take off work

An employee should inform:
The date of the child’s death or stillbirth
When they want their Parental Bereavement Leave to begin
How much leave they are taking - either 1 or 2 weeks

Statutory Parental Bereavement Pay for an eligible employee is either £184.03 a week or 90% of their average weekly earnings (whichever is lower). Tax and National Insurance need to be deducted.

An employee must ask for Statutory Parental Bereavement Pay within 28 days, starting with the first day of the week they want to claim pay for. They must provide in writing (for example, a letter or email) each time:

The dates of the period they want to claim Statutory Parental Bereavement Pay
Their name
The date of the child’s death or stillbirth

The employee will also need to provide a self-declaration to confirm they are eligible because of their relationship to the child or baby - they only need to provide this once when they first ask for pay.

An employee can cancel their Statutory Parental Bereavement Pay if they provide Wilson Vale Catering more than the required notice for claiming pay.

If the pay was due to start within 8 weeks of the child’s death or stillbirth, they must give Wilson Vale Catering notice on the first day of the week of pay they wish to cancel. If the pay was due to start 9 weeks or later after the child’s death or stillbirth, they must tell Wilson Vale Catering they want to cancel one week before their pay was due to start.

Please note that employees also have access to Wilson Vale Catering’s Employee Assistance Programme (EAP) which can be accessed by contacting on 0808 802 211. The service is entirely confidential and allows the opportunity to discuss any concerns with someone out with the business.

Maintaining Contact, Shared Parental Leave in Touch (SPLIT) Days

Wilson Vale Catering reserves the right to maintain reasonable contact with employees during SPL. An employee may arrange to work for up to 20 days during SPL without that work bringing the period of their SPL and ShPP to an end. These are known as "shared-parental-leave-in-touch" (SPLIT) days. SPLIT days will work in the same way as Keeping in Touch days (KIT days) (the KIT entitlement is up to 10 days). SPLIT days can be used for any work-related activity such as training, conferences or meetings.

Both parents are entitled to 20 SPLIT days each. An employee who takes a period of maternity leave before opting into SPL will therefore have the opportunity to take 10 KIT days during maternity leave and then subsequently have 20 SPLIT days during SPL.

It will be a matter for agreement between the employee and Wilson Vale Catering as to how much the employee should be paid for work undertaken during any SPLIT days. The minimum the employee must receive for a week in which the SPLIT day falls is the ShPP rate the employee is entitled to for that week. If Wilson Vale Catering agrees to pay any extra contractual pay, Wilson Vale Catering is entitled to offset it against any ShPP paid for that week. Any agreed payment should comply with the rules on the National Minimum Wage and Equal Pay.

Terms and Conditions During SPL

During a period of SPL an employee is entitled to receive all of their normal terms and conditions of employment with the exception of remuneration.

During the period of SPL employees will continue to accrue annual leave, including bank holidays in the normal way and continuity of service will be maintained. The employee should try to take their annual leave within the Wilson Vale Catering annual leave year wherever possible. If that is not possible, Wilson Vale Catering will allow for the annual leave entitlement to be carried over to the following annual leave year.

Rights on Return

The employee has the right to resume working in the same job when returning to work from SPL if the period of leave, when added to any other period of SPL, statutory maternity leave, statutory paternity leave or adoption leave taken by the employee in relation to the same child, is 26 weeks or less.

If the employee is returning to work from SPL and the period of leave taken is more than 26 weeks, when added to any other period of SPL, statutory maternity, paternity or adoption leave taken in relation to the same child, or was the last of two or more consecutive periods of statutory leave that included a period of ordinary parental leave of more than four weeks, or a period of additional maternity leave, the employee has the right to return to the same job unless this is not reasonably practicable. In these circumstances, if it is not reasonably practicable for Wilson Vale Catering to permit a return to the same job, the employee has the right to return to another job that is suitable and appropriate for the employee, on no lesser terms.