The Shared Parental Leave Regulations 2014

• (2) An employee may work no more than 20 days under paragraph (1) for each employer during the period in which shared parental leave may be taken (see regulations 7(1) and 23(1)).

• (3) For the purposes of this regulation, any work carried out on any day constitutes a day’s work.

• (4) Subject to paragraph (5), for the purposes of this regulation, “work” means any work done under the contract of employment and includes training or any activity undertaken for the purposes of keeping in touch with the workplace.

• (5) Contact to discuss an employee’s return to work or any other reasonable contact from time to time between an employer and an employee does not constitute work for the purposes of this regulation.

• (6) This regulation does not confer any right on an employer to require that any work be carried out during a period of shared parental leave, nor any right on an employee to work during a period of leave.

• (7) Any day’s work carried out under this regulation does not have the effect of extending the total duration of a period of shared parental leave.

Application of terms and conditions during shared parental leave

38

• (1) An employee who takes shared parental leave is, during any period of leave—

• (a) entitled to the benefit of all of the terms and conditions of employment which would have applied if the employee had not been absent, and

• (b) bound by any obligations arising under those terms and conditions, subject only to the exception in section 75I(1)(b)⁴⁰ of the 1996 Act.

• (2) In paragraph (1), “terms and conditions of employment” has the meaning given by section 75I(2) of the 1996 Act, and accordingly does not include terms and conditions about remuneration.

• (3) For the purposes of section 75I of the 1996 Act, only sums payable to the employee by way of wages or salary are to be treated as remuneration.

• (4) In the case of accrual of rights under an employment-related benefit scheme within the meaning given by paragraph 7 of Schedule 5 to the Social Security Act 1989⁴¹, nothing in paragraph (1)(a) above imposes a requirement which exceeds the requirements of paragraph 5C⁴² of that Schedule.

Redundancy during shared parental leave

39

• (1) Subject to paragraph (1C), this regulation applies where it is not practicable by reason of redundancy for an employer to continue to employ an employee under their existing contract of employment during—

• (a) a period in which the employee is taking shared parental leave; or

• (b) where the employee is not on shared parental leave, the additional protected period.

• (1A) For the purposes of paragraph (1)(b) the additional protected period—

• (a) begins with the day after the employee has taken six consecutive weeks of shared parental leave;

• (b) continues during any period of continuous employment that includes the shared parental leave referred to in sub-paragraph (a); and

• (c) ends immediately before the relevant day.

• (1B) The relevant day referred to in paragraph (1A)(c) is the day after a period of 18 months beginning with the day on which the child was—

• (a) born, where the entitlement to shared parental leave arises under Part 2 (entitlement to shared parental leave (birth)) of these Regulations;

• (b) placed with the employee for adoption, where the entitlement to shared parental leave arises under Part 3 (entitlement to shared parental leave (adoption)) of these Regulations.

• (1C) This regulation does not apply where either of the following regulations applies—

• (a) regulation 10 of the Maternity and Parental Leave etc. Regulations 1999 ; or

• (b) regulation 23 of the Paternity and Adoption Leave Regulations 2002.

• (2) Where there is a suitable alternative vacancy, the employee is entitled to be offered (before the end of the employee’s employment under the contract of employment) alternative employment with the employer, the employer’s successor, or an associated employer, under a new contract of employment which complies with paragraph (3) and takes effect immediately on the ending of the employee’s employment under the previous contract.

• (3) The new contract of employment must be such that—

• (a) the work to be done under it is of a kind which is both suitable in relation to the employee and appropriate for the employee to do in the circumstances, and

• (b) its provisions as to the capacity and place in which the employee is to be employed, and as to the other terms and conditions of the employee’s employment, are not substantially less favourable to the employee than if the employee had continued to be employed under the previous contract.

Right to return after shared parental leave

40

• (1) Where an employee returns to work after a period of shared parental leave which, when added to any other period of relevant statutory leave (see paragraph (3)) taken by the employee in relation to C, means that the total amount of relevant statutory leave taken by the employee in relation to C is 26 weeks or less, the employee is entitled to return from leave to the job in which the employee was employed before the absence, except where paragraph (2)(b) applies.

• (2) Where an employee returns to work after a period of shared parental leave which—

• (a) when added to any other period of relevant statutory leave taken by the employee in relation to C, means that the total amount of relevant statutory leave taken by the employee in relation to C is more than 26 weeks; or

• (b) 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,

the employee is entitled to return from leave to the job in which the employee was employed before the absence, or, if it is not reasonably practicable for the employer to permit the employee to return to that job, to another job which is both suitable for the employee and appropriate for the employee to do in the circumstances.

• (3) In this regulation—

• “additional adoption leave” means leave under section 75B of the 1996 Act⁴³;

• “additional maternity leave” means leave under section 73 of the 1996 Act⁴⁴;

• “parental leave” means leave under section 76 of the 1996 Act⁴⁵;

• “relevant statutory leave” means leave provided for in Part 8 of the 1996 Act⁴⁶ except any period of parental leave.

• (4) This regulation does not apply where it is not practicable by reason of redundancy for the employer to continue to employ the employee under the existing contract of employment.

Right to return after shared parental leave: supplementary

41

• (1) For the purposes of regulation 40 a job is—

• (a) the nature of the work which the employee is employed to do under the contract of employment; and

• (b) the capacity and place the employee was employed in before the absence.

• (2) References in regulation 40 to the job in which the employee was employed before the absence are references to the job in which the employee was employed—

• (a) if the return is from an isolated period of shared parental leave, immediately before that period, or

• (b) if the return is from consecutive periods of leave provided for in Part 8 of the 1996 Act, immediately before the first such period.

• (3) The right to return under regulation 40 is a right to return—

• (a) with the employee’s seniority, pension rights and similar rights as they would have been if there had been no absence, and

• (b) on terms and conditions not less favourable than those which would have applied if there had been no absence.

• (4) In the case of accrual of rights under an employment-related benefit scheme within the meaning given by paragraph 7 of Schedule 5 to the Social Security Act 1989, nothing in paragraph (3)(a) above imposes a requirement which exceeds the requirements of paragraphs 5A to 6 of that Schedule⁴⁷.

Protection from detriment

42

• (1) An employee is entitled under section 47C⁴⁸ of the 1996 Act not to be subjected to any detriment by any act, or any deliberate failure to act, by an employer because—

• (a) the employee took, sought to take, or made use of the benefits of, shared parental leave;

• (b) the employer believed that the employee was likely to take shared parental leave; or

• (c) the employee undertook, considered undertaking, or refused to undertake work in accordance with regulation 37.

• (2) For the purposes of paragraph (1)(a), the employee makes use of the benefits of shared parental leave if, during a period of shared parental leave, the employee benefits from any of the terms and conditions of employment preserved by regulation 38 during that period.

• (3) Paragraph (1) does not apply where the detriment in question amounts to dismissal within the meaning of Part 10 of the 1996 Act.

Unfair dismissal

43

• (1) An employee who is dismissed is entitled under section 99⁴⁹ of the 1996 Act to be regarded for the purposes of Part 10 of that Act as unfairly dismissed if—

• (a) the reason or principal reason for the dismissal is of a kind specified in paragraph (3), or

• (b) the reason or principal reason for the dismissal is that the employee is redundant and regulation 39 has not been complied with.

• (2) An employee who is dismissed is to be regarded for the purposes of Part 10 of the 1996 Act as unfairly dismissed if—

• (a) the reason or principal reason for the dismissal is that the employee was redundant,

• (b) it is shown that the circumstances constituting the redundancy applied equally to one or more employees in the same undertaking who had positions similar to that held by the dismissed employee and who have not been dismissed by an employer, and

• (c) it is shown that the reason or principal reason for which the employee was selected for dismissal was a reason of a kind specified in paragraph (3).

• (3) The reasons referred to in paragraphs (1) and (2) are reasons connected with any of the following facts—

• (a) that the employee took, sought to take, or made use of the benefits of, shared parental leave;

• (b) that the employer believed that the employee was likely to take shared parental leave; or

• (c) that the employee undertook, considered undertaking, or refused to undertake work in accordance with regulation 37.

• (4) For the purposes of paragraph (3)(a), the employee makes use of the benefits of shared parental leave if, during a period of shared parental leave, the employee benefits from any of the terms and conditions of employment preserved by regulation 38 during that period.

Calculation of a week’s pay for the purposes of Chapter 2 of Part 14 of the 1996 Act

44

Where—

• (a) under Chapter 2 of Part 14 of the 1996 Act, the amount of a week’s pay of an employee falls to be calculated by reference to the average rate of remuneration, or the average amount of remuneration, payable to the employee in respect of a period of 12 weeks ending on a particular date (referred to as the “calculation date”),

• (b) during a week in that period, the employee was absent from work on shared parental leave, and

• (c) remuneration is payable to the employee in respect of that week under the employee’s contract of employment, but the amount payable is less than the amount that would be payable if the employee were working,

that week shall be disregarded for the purpose of the calculation and account must be taken of remuneration in earlier weeks so as to bring up to 12 the number of weeks of which account is taken.

PART 6 — Contractual rights and service of notices

Contractual rights to shared parental leave

45

Where an employee is entitled to shared parental leave (referred to in this regulation as “the statutory right”) and also to a right which corresponds to that right and which arises under the employee’s contract of employment or otherwise—

• (a) the employee may not exercise the statutory right and the corresponding right separately but may, in taking the leave for which the two rights provide, take advantage of whichever right is, in any particular respect, the more favourable, and

• (b) the provisions of the 1996 Act and of these Regulations relating to the statutory right apply, subject to any modifications necessary to give effect to any more favourable contractual terms, to the exercise of the composite right described in sub-paragraph (a) as they apply to the exercise of the statutory right.

Service of notices

46

• (1) Where a notice is to be given under these Regulations, it may be given—

• (a) where paragraph (2) applies, by electronic communication;

• (b) by post; or

• (c) by personal delivery.

• (2) This paragraph applies where the person who is to receive the notice has agreed that the notice may be given to the person by being transmitted to an electronic address and in an electronic form specified by the person for the purpose.

• (3) Where a notice is to be given under these Regulations it is to be taken to have been given—

• (a) if sent by electronic communication, on the day of transmission;

• (b) if sent by post in an envelope which is properly addressed and sent by prepaid post, on the day on which it is posted;

• (c) if delivered personally, on the day of delivery.

SCHEDULE — SHARED PARENTAL LEAVE IN SPECIAL CIRCUMSTANCES

PART 1 — SHARED PARENTAL LEAVE (BIRTH)

Entitlement of father or partner to shared parental leave in the event of death of mother before curtailment

1

• (1) Where before P has given a notice under regulation 9 M dies—

• (a) without curtailing her statutory maternity leave under section 71(3) or 73(3) of the 1996 Act;

• (b) before the end of her maternity pay period and without curtailing that period under section 165(3A) of the 1992 Act; or

• (c) before the end of her maternity allowance period and without curtailing that period under section 35(3A) of the 1992 Act,

sub-paragraph (2) applies in relation to the entitlement of P to shared parental leave.

• (2) The provisions of the Regulations apply in respect of any period after M dies with the modifications specified in paragraphs (a) to (l)—

• (a) a person is to be regarded as falling within the definition of “P” in regulation 3(1) if that person fell within that definition immediately before M died;

• (b) regulation 5(2)(d) does not have effect;

• (c) in regulation 5(3)(a) for “M satisfies” substitute “immediately before her death M satisfied”;

• (d) in regulation 5(3)(c) for “M is entitled” substitute “immediately before her death, M was entitled”;

• (e) regulation 5(3)(d) does not have effect;

• (f) in regulation 6—

• (i) for paragraph (1) substitute—

(1) Where M was entitled to statutory maternity leave, subject to paragraph (10), the total amount of shared parental leave available in relation to C is 52 weeks less the number of weeks of statutory maternity leave taken by M before M died.

• (ii) for paragraph (2) substitute—

(2) Where M was not entitled to statutory maternity leave, but was entitled to statutory maternity pay, subject to paragraph (11), the total amount of shared parental leave available in relation to C is 52 weeks less the number of weeks of statutory maternity pay payable to M in respect of C before M died.

• (iii) for paragraph (3) substitute—

(3) Where M was not entitled to statutory maternity leave, but was entitled to maternity allowance, the total amount of shared parental leave available in relation to C is 52 weeks less the number of weeks of maternity allowance payable to M in respect of C before M died.

• (g) in regulation 9(2)(f) for “and M each intend” substitute “intends”;

• (h) in regulation 9(2) after sub-paragraph (g) insert—

(h) the date of M’s death.

• (i) regulation 9(3)(b) is omitted;

• (j) regulation 10 is omitted;

• (k) regulation 11(3)(d) is omitted;

• (l) where under regulation 9 or 12 a notice is required to be given not less than eight weeks before a start date and it is not reasonably practicable for P to satisfy that requirement, the notice may be given as soon as is reasonably practicable after the death of M and before the start date of the leave. The modification of regulation 12 applies only to the first notice given under regulation 12 following the death of M.

Entitlement of father or partner to shared parental leave in the event of death of mother after curtailment and before notice of entitlement given

2

Where M dies after curtailing her statutory maternity leave under section 71(3) or 73(3) of the 1996 Act or her statutory maternity pay period under section 165(3A) of the 1992 Act or her maternity allowance period under section 35(3A) of that Act, or after returning to work, as the case may be, and before P gives a notice under regulation 9, sub-paragraphs (2)(a) to (e) and (g) to (l) in paragraph 1 of this Schedule apply in relation to the entitlement of P to shared parental leave.

Entitlement of father or partner to shared parental leave in the event of death of mother after notice of entitlement given

3

• (1) Where M dies after P has given a notice under regulation 9, the provisions of the Regulations apply in respect of any period after M dies with the modifications in sub-paragraphs (2) (on entitlement), (3) to (6) (on the provision of notices), and (7) (on evidence) in relation to the entitlement of P to shared parental leave.

• (2) Sub-paragraphs (2)(a) to (e) in paragraph 1 of this Schedule apply.

• (3) Regulation 11(3)(d) does not have effect.

• (4) Where by reason of M’s death it is not reasonably practicable for P to satisfy a requirement under regulation 9, 12 or 15 for a notice to be given not less than eight weeks before the date on which a period of shared parental leave begins, that regulation is to have effect as if it required P to give the notice as soon as reasonably practicable before the date on which the period of leave begins. The modification of regulations 12 and 15 applies only to the first notice given under either regulation 12 or 15 following the death M.

• (5) The first notice given under either regulation 12 or 15 following the death of M must include the date of M’s death.

• (6) Where at the time of M’s death P has given a combined total of three notices under regulations 12 and 15, in regulation 16(1) for “three” substitute “four”.

• (7) Where an employer—

• (a) has made a request under regulation 10 and the 14 day period in paragraph (3), (4) or (5) has not ended, or

• (b) has not made a request under regulation 10,

before M dies, regulation 5(2)(d) does not have effect and regulation 10 is omitted.

Entitlement of mother to shared parental leave in the event of death of father or partner

4

• (1) Where P dies after M has given a notice under regulation 8, the provisions of the Regulations apply in respect of any period after P dies with the modifications in sub-paragraphs (2) (on entitlement), (3) to (6) (on the provision of notices), and (7) (on evidence) apply.

• (2) The following modifications apply—

• (a) a person is to be regarded as falling within the definition of “P” in regulation 3(1) if that person fell within that definition immediately before that person died;

• (b) regulation 4(2)(f) does not have effect;

• (c) in regulation 4(3)(a) for “P satisfies” substitute “immediately before P’s death P satisfied”.

• (3) Regulation 11(3)(d) does not have effect.

• (4) Where by reason of P’s death it is not reasonably practicable for M to satisfy a requirement under regulation 8, 12 or 15 for a notice to be given not less than eight weeks before the date on which a period of shared parental leave begins, that regulation is to have effect as if it required M to give the notice as soon as reasonably practicable before the date on which the period of leave begins. The modification of regulation 12 or 15 applies only to the first notice given under either regulation 12 or 15 following the death P.

• (5) The first notice given under either regulation 12 or 15 following the death of P must include the date of P’s death.

• (6) Where at the time of P’s death M has given a combined total of three notices under regulations 12 and 15, in regulation 16(1) for “three” substitute “four”.

• (7) Where an employer—

• (a) has made a request under regulation 10 and the 14 day period in paragraph (3), (4) or (5) has not ended, or

• (b) has not made a request under regulation 10,

before P dies, regulation 4(2)(f) does not have effect and regulation 10 is omitted.

Entitlement to shared parental leave in the event of death of child (birth)

5

• (1) Where after a notice of entitlement has been given under regulation 8 C dies following birth, the modifications set out in paragraphs (3), (5) and (6) below apply in relation to the entitlement of M to shared parental leave after C’s death.

• (2) Where after a notice of entitlement has been given under regulation 9 C dies following birth, the modifications set out in paragraphs (4) to (6) below apply in relation to the entitlement of P to shared parental leave after C’s death.

• (3) In regulation 4(1) omit “to care for C”.

• (4) In regulation 5(1) omit “to care for C”.

• (5) In regulation 15 for paragraph (2) substitute—

(2) A notice under paragraph (1) may— (a) vary the end date of any period of shared parental leave to reduce the period of leave to be taken provided that the notice is given at least eight weeks before the new end date; (b) cancel a period or periods of leave.

• (6) In regulation 16 for paragraph (1) substitute—

(1) After C dies, no notice may be given under regulation 12 and only one notice may be given under regulation 15.

• (7) Where more than one child is born of the same pregnancy, a reference in this paragraph relating to the death of C must be construed as a reference to the last of those children to die.

PART 2 — SHARED PARENTAL LEAVE (ADOPTION)

Entitlement of adopter’s partner to shared parental leave in the event of death of adopter before curtailment

6

• (1) Where before AP has given a notice under regulation 25 A dies—

• (a) without curtailing A’s statutory adoption leave under section 75A(2A) or 75B(3) of the 1996 Act; or

• (b) before the end of the adoption pay period and without curtailing that period under section 171ZN(2A) of the 1992 Act,

sub-paragraph (2) applies in relation to the entitlement of AP to shared parental leave.

• (2) The provisions of the Regulations apply in respect of any period after A dies with the modifications specified in paragraphs (a) to (l)—

• (a) a person is to be regarded as falling within the definition of P in regulation 3(1) if that person fell within that definition immediately before A died;

• (b) regulation 21(2)(d) does not have effect;

• (c) in regulation 21(3)(a) for “A satisfies” substitute “immediately before A’s death A satisfied”;

• (d) in regulation 21(3)(c) for “A is entitled” substitute “immediately before A’s death, A was entitled”;

• (e) regulation 21(3)(d) does not have effect.

• (f) in regulation 22—

• (i) for paragraph (1) substitute—

(1) Where A was entitled to statutory adoption leave, subject to paragraph (9), the total amount of shared parental leave available in relation to C is 52 weeks less the number of weeks of statutory adoption leave taken by A before A died.

• (ii) for paragraph (2) substitute—

(2) Where A was not entitled to statutory adoption leave, but was entitled to statutory adoption pay, subject to paragraph (10), the total amount of shared parental leave available in relation to C is 52 weeks less the number of weeks of statutory adoption pay payable to A before A died.

• (g) in regulation 25(2)(g) for “and A each intend” substitute “intends”;

• (h) in regulation 25(2) after sub-paragraph (h) insert—

(i) the date of A’s death.

• (i) regulation 25(3)(b) is omitted;

• (j) regulation 26 is omitted;

• (k) regulation 27(3)(d) is omitted;

• (l) where under regulation 25 or 28 a notice is required to be given not less than eight weeks before a start date and it is not reasonably practicable for P to satisfy that requirement, the notice may be given as soon as is reasonably practicable after the death of A and before the start date of the leave. The modification of regulation 28 applies only to the first notice given under regulation 28 following the death of A.

Entitlement of adopter’s partner to shared parental leave in the event of death of adopter after curtailment and before notice of entitlement given

7

Where A dies after curtailing A’s statutory adoption leave under section 75A(2A) or 75B(3) of the 1996 Act, or after curtailing the statutory adoption pay period under section 171ZN(2A) of the 1992 Act, or after returning to work, as the case may be, and before AP has given a notice under regulation 25, sub-paragraph (2)(a) to (e) and (g) to (l) in paragraph 6 of this Schedule apply in relation to the entitlement of AP to shared parental leave.

Entitlement of adopter’s partner to shared parental leave in the event of death of adopter after notice of entitlement given

8

• (1) Where A dies after AP has given a notice of entitlement under regulation 25, the provisions of the Regulations apply in respect of any period after A dies with the modifications in paragraphs (2) (on entitlement), (3) to (6) (on the provision of notices), and (7) (on evidence) in relation to the entitlement of AP to shared parental leave.

• (2) Sub-paragraphs (2)(a) to (e) in paragraph 6 of this Schedule apply.

• (3) Regulation 27(3)(d) does not have effect.

• (4) Where by reason of A’s death it is not reasonably practicable for AP to satisfy a requirement under regulation 25, 28 or 31 for a notice to be given not less than eight weeks before the date on which a period of shared parental leave begins, that regulation is to have effect as if it required AP to give the notice as soon as reasonably practicable before the date on which the period of leave begins. The modification of regulations 28 and 31 applies only to the first notice given under either regulation 28 or 31 following the death A.

• (5) The first notice given under either regulation 28 or 31 following the death of A must include the date of A’s death.

• (6) Where at the time of A’s death AP has given a combined total of three notices under regulations 28 and 31, in regulation 32(1) for “three” substitute “four”.

• (7) Where an employer—

• (a) has made a request under regulation 26 and the 14 day period in paragraph (3) or (4) has not ended, or

• (b) has not made a request under regulation 26,

before A dies, regulation 21(2)(d) does not have effect and regulation 26 is omitted.

Entitlement of adopter to shared parental leave in the event of death of adopter’s partner

9

• (1) Where AP dies after A has given a notice of entitlement under regulation 24, the provisions of the Regulations apply in respect of any period after AP dies with the modifications in sub-paragraphs (2) (on entitlement), (3) to (6) (on the provision of notices), and (7) (on evidence) apply.

• (2) The following modifications apply—

• (a) a person is to be regarded as falling within the definition of “AP” in regulation 3(1) if that person fell within that definition immediately before that person died;

• (b) regulation 20(2)(f) does not have effect;

• (c) in regulation 20(3)(a) for “AP satisfies” substitute “immediately before AP’s death AP satisfied”.

• (3) Regulation 27(3)(d) does not have effect.

• (4) Where by reason of AP’s death it is not reasonably practicable for A to satisfy a requirement under regulation 24, 28 or 31 for a notice to be given not less than eight weeks before the date on which a period of shared parental leave begins, that regulation is to have effect as if it required A to give the notice as soon as reasonably practicable before the date on which the period of leave begins. The modification of regulations 28 and 31 applies only to the first notice given under either regulation 28 or 31 following the death AP.

• (5) The first notice given under either regulation 28 or 31 following the death of AP must include the date of AP’s death.

• (6) Where at the time of AP’s death A has given a combined total of three notices under regulations 28 and 31, in regulation 32(1) for “three” substitute “four”.

• (7) Where an employer—

• (a) has made a request under regulation 26 and the 14 day period in paragraph (3) or (4) has not ended, or

• (b) has not made a request under regulation 26,

before AP dies, regulation 20(2)(f) does not have effect and regulation 26 is omitted.

Entitlement to shared parental leave in the event of a disrupted placement or the death of child

10

• (1) Where after a notice of entitlement has been given under regulation 24 C dies or is returned after being placed for adoption, the modifications set out in paragraphs (3), (5) and (6) below apply in relation to the entitlement of A to shared parental leave after C’s return or death.

• (2) Where after a notice of entitlement has been given under regulation 25 C dies or is returned after being placed for adoption, the modifications set out in paragraphs (4) to (6) below apply in relation to the entitlement of AP to shared parental leave after C’s return or death.

• (3) In regulation 20(1) omit “to care for C”.

• (4) In regulation 21(1) omit “to care for C”.

• (5) In regulation 31 for paragraph (2) substitute—

(2) A notice under paragraph (1) may— (a) vary the end date of any period of shared parental leave to reduce the period of leave to be taken provided that the notice is given at least eight weeks before the new end date; (b) cancel a period or periods of leave.

• (6) In regulation 32 for paragraph (1) substitute—

(1) After C dies or is returned after being placed for adoption, no notice may be given under regulation 28 and only one notice may be given under regulation 31.

• (7) Where more than one child is placed for adoption as a result of the same placement, a reference in this paragraph to the death of C or to the return of C after being placed for adoption must be construed as a reference to the last of those children to die or to the last of those children to be returned after being placed for adoption.

Signed

Jo Swinson — Parliamentary Under Secretary of State for Employment Relations and Consumer Affairs — Department for Business, Innovation and Skills — 18th November 2014

Explanatory note

(This note is not part of these Regulations)

EXPLANATORY NOTE

These Regulations introduce a new entitlement for employees who are mothers, fathers, adopters, or prospective adopters, or the partners of mothers or adopters, or prospective adopters, to take shared parental leave in the first year of their child’s life or in the first year after the child’s placement for adoption. The Regulations are made in exercise of powers inserted into the Employment Rights Act 1996 by the Children and Families Act 2014.

In Part 2, the Regulations confer the right to take shared parental leave (birth) where a mother who is entitled to statutory maternity leave, statutory maternity pay, or maternity allowance, curtails that leave, pay or allowance period; the balance of the leave, pay, or allowance period can be taken as shared parental leave if the other conditions for entitlement are satisfied.

For adoptions, Part 3 of the Regulations confers the right to take shared parental leave (adoption) where an adopter who is entitled to statutory adoption leave or statutory adoption pay curtails that leave or pay period; the balance of the leave or pay period can be taken as shared parental leave if the other conditions for entitlement are satisfied.

Regulation 4 sets out the conditions for entitlement for a mother and regulation 5 sets out the conditions for entitlement for a father or a spouse, civil partner, or partner of a mother. Regulations 20 and 21 set out the conditions for entitlement for an adopter and an adopter’s partner, respectively.

Certain conditions apply to the person claiming the entitlement to shared parental leave and others apply to the person with whom the claimant will be caring for the child. The claimant must satisfy substantive requirements, such as continuous employment, as well as procedural requirements, such as giving appropriate notices to the claimant’s employer. Regulations 8, 9 and 10 set out the notice and evidence requirements which need to be satisfied for shared parental leave (birth) and the equivalent provisions for shared parental leave (adoption) appear in regulations 24, 25 and 26.

Regulations 6 and 22 set out how many weeks of shared parental leave (birth) and shared parental leave (adoption), respectively, are available to a claimant or claimants.

The provisions on giving notices to request periods of leave, how those notices are to be treated, how they may be varied, and the limit on the number of notices are set out in regulations 12 to 16 for shared parental leave (birth) and in regulations 28 to 32 for shared parental leave (adoption).

Regulations 18 and 33 set out when an employer may require an employee to take a period of shared parental leave (birth) or shared parental leave (adoption), respectively, in the event of a change of circumstances.

Part 4 sets out the provisions on employment and earnings that must be satisfied by a claimant and the person with whom the claimant will be caring for the child.

Part 5 contains provisions applicable in relation to shared parental leave (birth and adoption). Those provisions include the ability to undertake work during a period of shared parental leave (regulation 37), additional redundancy protections (regulation 39), the right to return to work after a period of shared parental leave (regulation 40), and protections from detriment and dismissal attributable to the fact that a claimant took or sought to take shared parental leave (regulations 42 and 43).

The Schedule contains provisions modifying the regulations in various cases where a claimant, the person with whom the claimant was caring for the child, or the child, dies or an adoption placement is disrupted.

These Regulations are part of a package of legislative measures and the relevant impact assessment is the relevant impact assessment is the Modern Workplaces: shared parental leave and pay administration consultation impact assessment which was published in February 2013. A copy of that impact assessment can be obtained from the Department for Business, Innovation and Skills, Labour Market Directorate, 1 Victoria Street, London, SW1H 0ET. Copies have also been placed in the libraries of both Houses of Parliament.

Footnotes

Editorial notes

Redundancy : shared parental leave