Shared Parental Leave
Shared Parental Leave (SPL) creates flexibility for eligible birth/adoptive parents and partners to share a period of leave and pay in the 52 weeks following the birth or adoption of their child. Employees should read the revised Shared Parental Leave Policy which details the leave provisions.
Frequently Asked Questions (FAQs)
Here you will find important and useful information to help you plan your Shared Parental Leave. If you have any further questions, please email Human Resources.
What is Shared Parental Leave?
Shared Parental Leave (SPL) allows eligible parents/partners to share up to 50 weeks of leave and 37 weeks of pay within the first year following the birth or adoption of a child.
SPL can be taken provided the mother/primary adopter has reduced or agreed to reduce their entitlement to Maternity/Adoption Leave and pay. Any remaining entitlement to Maternity/Adoption Leave can be converted into SPL and any remaining pay into shared parental pay.
You can take up to 3 blocks of SPL provided you do not exceed the number of weeks available to you.
SPL must be taken in full, 7-day weeks, regardless of work pattern.
If a mother/primary adopter takes their full 52 week entitlement, no SPL is available.
Am I eligible for Shared Parental Leave?
To be eligible for SPL, you must:
- Be either the child’s mother/primary adopter or biological father, or the spouse, civil partner or partner of the child's mother/ adopter (where the child's father does not share the main responsibility with the mother/adopter).
- Share the main responsibility for the care of the child at the time of the birth/placement for adoption.
- Be an employee of the University and still working for the University at the start of each SPL period.
- Have been continuously employed with the University for at least 26 weeks by the 15th week before the child’s expected due date/matching date (or, if the baby is born early, you would have been continuously employed until the 15th week).
- Correctly notify the University of your entitlement and provide evidence as required.
And:
- The mother/primary adopter of the child must be entitled to statutory maternity/adoption leave or to statutory maternity/adoption pay or maternity allowance and must have given notice to reduce any maternity/adoption entitlements.
- Your partner must meet the ‘employment and earnings test’ requiring them in the 66 weeks leading up to the child’s expected due date/matching date to have worked for at least 26 weeks and earned an average of at least £30 a week in any 13 of those weeks.
Am I eligible for Shared Parental Pay (ShPP)?
To be eligible for ShPP, you must:
- Intend to care for the child during the week in which ShPP is payable.
- Have average weekly earnings for the period of eight weeks leading up to and including the 15th week before the child’s expected due date/matching date not less than the lower earnings limit in force for national insurance contributions.
- Remain in continuous employment until the first week of ShPP has begun.
- Give proper notification in accordance with the University’s policy.
- The mother/adopter must be/have been entitled to statutory maternity/adoption pay or maternity allowance and must have reduced their maternity/adoption pay period or maternity allowance period.
Any ShPP due will be paid at a rate set by the Government for the relevant tax year.
How much Shared Parental Pay (ShPP) is available?
The amount of ShPP available will depend on the amount of Statutory Maternity/Adoption Pay (SMP/SAP) or Maternity Allowance (MA) that the mother/adopter has already taken at the point that they have ended their entitlement. They have an entitlement of 39 weeks, so providing they have not used the full amount, any remaining weeks will be available as ShPP.
Where both parents are eligible for SPL and ShPP, then it is for them to decide on how the ShPP will be shared. The University must be notified of any change to the way parents wish to share the ShPP between each other.
Do I qualify for the University’s Enhanced Shared Parental Pay (ESPP)?
You must have at least 26 weeks continuous service at either the 15th week before the expected due date or the week in which the employee is notified of being matched to a child for adoption.
If you meet the eligibility criteria, the ESPP is:
- 20 weeks of full salary
- 17 weeks at ShPP
- 13 weeks unpaid
If both parents/partners are employed by the University and both qualify for the enhanced package they must decide how much of the enhanced pay each will receive. You will not both receive 37 weeks of pay.
Can I take Shared Parental Leave if my partner is self-employed?
Yes. As long as your partner meets the relevant requirements relating to employment and earnings (see eligibility FAQ).
Can same-sex couples take Shared Parental Leave?
Yes, they can. You can take SPL with your spouse, civil partner or partner.
How and when do I apply?
It is advised that you inform your line manager as early as possible but you must provide at least 8 weeks' notice.
To apply you must submit the Shared Parental Leave Notification Form (no later than 8 weeks before your intended start date). Completed forms should be signed by your line manager and emailed to hr.support@st-andrews.ac.uk.
You may also be asked to submit a copy of your/your partner's MATB1/matching certificate. MATB1s/matching certificates should be submitted to Human Resources via HR Self-Service (My Forms > Send documents to HR).
Human Resources will confirm your SPL in writing.
You are permitted to submit up to a maximum of 3 notifications to take SPL per birth/adoption, so long as it does not exceed the total number of SPL weeks available. Where both parents/partners are employed by the University, each must complete the SPL notification form and submit this in line with the provisions of the SPL policy.
SPL can only be taken in complete, 7-day weeks regardless of work pattern.
If you would like to speak to Human Resources before you inform your line manager, you can speak in confidence to your HR Business Partner or email HR Support.
When can Shared Parental Leave start?
SPL can start from the birth date or adoption placement date. You can take up to 3 blocks of SPL. SPL must end before the child’s first birthday.
Can I still take Paternity Leave if I intend to take Shared Parental Leave?
Yes. Paternity Leave is separate to Shared Parental Leave. If eligible, you can take both types of leave but entitlement to Paternity Leave ceases once you commence SPL, therefore if you intend to take both, you must take Paternity Leave first.
What happens to my annual leave before, during and after my SPL?
If you intend to take a large block(s) of SPL, you should ensure that you have taken all the annual leave you have accrued since the beginning of the leave year (1 August) before starting your SPL. You will not normally be allowed to carry these holidays forward.
You will continue to accrue annual leave whilst on your SPL. The amount accrued will depend on the length of your SPL. You can use your accrued annual leave directly after your SPL. All annual leave should be discussed and agreed with your line manager and recorded in the usual way.
Further information on annual leave can be found in the Annual Leave Policy.
What happens to my pension contributions while I’m on Shared Parental Leave?
My baby has been admitted into neonatal care at birth. What do I need to do?
With effect from 11 September 2023, the University introduced Neonatal Care Leave "NCL". NCL applies to employees going on family leave from that date onwards. If your baby requires neonatal care, as soon as is reasonably practicable, you should contact your line manager to notify them of the situation. In the event that your baby spends 7 consecutive days in neonatal care within the first 28 days of birth, you will be eligible to request NCL. You should ensure that your line manager is made aware of the admission and discharge date in order to process the leave. NCL must be taken no later than 68 weeks from the child’s date of birth. NCL can be used after your family leave has ended/curtailed. More information can be read in the Neonatal Care Leave Policy.
What are Shared Parental Leave in Touch (SPLIT) days?
SPLIT days allow you to attend work during SPL and can be used to keep up to date with projects, attend training and events or other reasons that are beneficial. SPLIT days are not compulsory and must be agreed in advance with your line manager. You can take up to 20 SPLIT days.
You can choose to be paid for the SPLIT day or take this as time off in lieu. You will only receive payment/time off for the hours actually worked but it will be counted as one SPLIT day.
Payment for SPLIT days cannot exceed full pay, inclusive of shared parental pay. If you work a SPLIT day during the period of full pay, you will receive no additional payment, if you use a SPLIT day during the statutory adoption pay period, your pay will be increased to your normal rate of pay, inclusive of shared pay. If you use a SPLIT day during the unpaid period, your normal rate of pay will be processed.
Once you have completed a SPLIT day, you should complete a form via HR Self Service (located under My Forms) which must be authorised by your line manager. Payment will be made on the first pay date after Salaries receive the form; provided it is received by the relevant salary cut off date.
Additional FAQs for employees
Am I allowed to come back to work part-time?
You do not have an automatic right to return to work part-time, but you are entitled to ask. You should discuss this your line manager as early as possible. Your manager does not have to agree to the request if it does not suit business needs. Any change in your contracted hours could be permanent and you do not have a right to revert to full time hours in the future. The Flexible Working Policy provides further information about this process.
Can I take an extended period of leave at the end of my Shared Parental Leave?
It may be possible for you to extend your SPL into a career break, but this must be discussed as soon as possible with your line manager and Human Resources no later than 8 weeks prior to your agreed return date. Any agreement on extended leave will depend on the varying circumstances of the job and must be approved by the relevant member of the Principal’s Office.
Do I still get an increment while I’m on Shared Parental Leave?
Yes. Your entitlement to annual increments is unchanged.
What happens to the annual pay award if I’m on Shared Parental Leave?
You are entitled to the annual pay award and this will be administered as normal.
Additional FAQs for line managers
Do I have to complete any forms?
When an employee informs you that they wish to take SPL, they must submit a Shared Parental Leave Notification Form. You must sign it off before it is sent to Human Resources. You should also inform the Head of School/Unit.
Can an employee use periods of Shared Parental Leave to reduce their hours over a period, for example by working for two days a week and taking SPL for three days a week?
No, SPL must be taken in blocks of at least one full week (7 days, regardless of work pattern) at a time. Therefore, an employee could not take SPL to reduce their weekly working hours.
Can I refuse an employee's request to take Shared Parental Leave or require them to take it at a different time?
Whether or not you can refuse an employee's request to take SPL depends on the pattern of leave that the employee has requested when submitting their SPL notification.
If an employee requests one continuous period of leave, you must allow them to take the period of leave on the dates requested. You cannot require them to take it at a different time.
If an employee requests a discontinuous periods of leave, e.g. two weeks' leave beginning on 1 June, four weeks' leave beginning on 1 August and four weeks' leave beginning on 1 December. You can refuse the employee's request. You can suggest alternative dates for a period or periods of leave, but you are not obligated to do so. If the request for discontinuous leave is refused, the employee can withdraw the notice, agree alternative dates suggested by the employer or take the total amount of leave requested in the leave notice as a continuous period of leave (i.e. one period of 10 weeks' leave, in the example above). However, an employee who wishes to take discontinuous periods of leave can achieve this by requesting each period in a separate period of leave notice as opposed to one notification. An employer can only refuse a request for leave if the employee requests discontinuous periods of leave in the same notice. An employee can submit up to three separate leave notices per birth. Therefore, as long as the employee gives a separate notice and at least eight weeks' notice of each period of leave, they could take up to three separate periods of leave, without the employer having the right to refuse the request.
Can both parents take Shared Parental Leave at the same time?
Yes, both parents can be absent from work on SPL at the same time. The amount of SPL that the parents can share is 52 weeks, minus the amount of maternity leave taken by the mother, or adoption leave taken by the primary adopter. All leave must be taken before the child's first birthday, or before the first anniversary of the day on which the child was placed for adoption. For example, the mother could take two weeks' compulsory maternity leave followed by 40 weeks' SPL. This would leave 10 weeks' SPL for the father (or the mother's partner) to take at any time before the child's first birthday, either at the same time as the mother or when she has returned to work.
Can an employee’s partner begin a period of Shared Parental Leave while the mother is still on maternity leave?
Yes, if the mother has provided the University with a maternity leave curtailment notice, and all the relevant eligibility criteria and notice requirements are satisfied, the partner can begin a period of SPL while the mother is still on maternity leave. For example, the mother could submit a leave curtailment notice stating that her maternity leave will end three months from the date of the notice. The mother's partner can take SPL with at least eight weeks' notice at any time after the mother has submitted her leave curtailment notice; they do not have to wait until those three months have passed.
Can I ask an employee to work whilst on Shared Parental Leave?
An employee can work during shared parental leave by using Shared Parental Leave in Touch (SPLIT) days, of which there are 20 during the full shared parental leave period. There is no obligation on an employee to work these days.
Employees can choose to be paid for the SPLIT day or take this as time off in lieu. Employees will only receive payment/time off for actual hours worked, but a full SPLIT day will be used. Where payment is due, the employee should complete a SPLIT day form via HR Self Service. Please note that an employee cannot receive more than a normal day pay i.e. if the work is undertaken when on full shared parental pay, they will not receive an additional payment for any hours worked.
Who does the work whilst the member of staff is on Shared Parental Leave?
A post may be covered by existing colleagues or by recruiting a temporary replacement, depending on business needs. When determining the length of a cover post, you should consider any annual leave the employee may wish to use directly after their shared parental leave. Employees continue to accrue annual leave during their shared parental leave, in line with the Annual Leave Policy. Requests for like for like shared parental leave cover should be sent to the Director of HR (hrdirector@st-andrews.ac.uk).
Am I allowed to contact a member of staff on Shared Parental Leave?
Yes. A manager may make reasonable contact with an individual on SPL. It is encouraged that this is agreed in advance of the SPL.
Do I have to agree to a flexible working request or change of hours?
An employee returning from SPL has the right to request to work flexibly and while efforts should be made to accommodate this, it may not always support business needs. In such instances, you do not need to agree to the request but must inform the employee why the request is being turned down. For further information please read the University’s Flexible Working Policy or contact Human Resources.
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