make your free shared parental leave policy
what we'll cover
what is a shared parental leave policy?
a shared parental leave policy communicates an employer’s approach to shared parental leave. shared parental leave policies set out employees’ statutory entitlement to shared parental leave and pay and any enhanced entitlements the employer offers, as well as related rules and procedures.
this document is gdpr compliant.
when should i use a shared parental leave policy?
use this shared parental leave policy:
-
if you run a business and have employees
-
to inform staff and managers about the statutory shared parental leave rules (note that this policy is not a parental leave policy)
-
to set out any additional entitlements to shared parental leave (eg enhanced pay, above the statutory rate)
-
if your business is based in england, wales, or scotland
sample shared parental leave policy
the terms in your document will update based on the information you provide
about shared parental leave policies
learn more about making your shared parental leave policy
-
how to make a shared parental leave policy
making your shared parental leave policy online is simple. just answer a few questions and 2022世界杯32强抽签时间 will build your document for you. when you have all the information prepared in advance, creating your document is a quick and easy process.
you’ll need the following information:
the employer and the work
-
what is the employer’s name?
-
what is the name of the person who should be contacted about matters related to shared parental leave?
-
do your employees who may be eligible for maternity leave work in a factory?
entitlements to shared parental leave
-
can employees take shared parental leave in more than 3 blocks?
-
will the employer offer employees enhanced shared parental pay (ie in addition to statutory shared parental pay)? if so:
-
must employees work for the employer for a specified time period before they’re entitled to enhanced shared parental pay?
-
must employees return to work for the employer for a specified time period after their spl to receive enhanced shared parental pay?
-
what percentage of their regular pay will employees receive during shared parental leave? for how many weeks of spl will employees receive this enhanced entitlement (eg only the first 10)?
-
-
-
common terms in a shared parental leave policy
shared parental leave policies set out provisions relating to employees’ statutory right to share a partner’s statutory maternity or adoption leave entitlement. to do this, this shared parental leave policy template includes the following sections:
statement of purpose and policy
the policy starts by identifying the business subject to its provisions. it then sets out the reasons why the business is creating the policy and acknowledges parents’ need and right to take time off when they are involved in the birth or adoption of a child.
the section explains that the policy is primarily intended to communicate employees’ statutory rights regarding shared parental leave, except (if included) the term allowing for enhanced shared parental pay. it notes that the policy itself may be changed by the employer at any time, but the law will prevail if statutory entitlements change.
what spl is and who qualifies
this section explains the shared parental leave entitlement, its eligibility criteria, and when it may be taken.
notification and booking of spl
this section explains how an employee can take spl. for example, they must notify the employer of their entitlement and must book leave at least 8 weeks in advance. it explains what information is needed from the employee’s partner (ie the other parent) and how requests for spl will be dealt with (eg how discussions may be held regarding the handling of the employee’s role while they’re away).
shared parental pay (shpp)
the statutory entitlement to shared parental pay (shpp) is set out in this section. it explains who is eligible and how employees may request shpp.
if you’re offering employees an enhanced parental leave pay entitlement, this will also be set out here. details will be provided, for example, any additional eligibility criteria for the enhanced pay.
terms and conditions during spl
this section explains that an employee’s employment contract continues while they are on spl, except for the terms on pay. it clarifies that pension contributions will still be made and that annual leave entitlement is separate from spl.
contact during spl
this section sets out provisions for the time that an employee is off work on spl. their employer is allowed to contact them regarding certain matters, for example, business developments or training arrangements. employees may also choose to take shared parental leave in touch (split) days to keep up to date with some aspects of work.
returning to work after spl
this section explains how employees will be notified about their return to work date and how the date of a return to work may be altered. it also explains an employee’s rights when they return. for example, they’re entitled to return to the same job in most circumstances and, if not this, a suitable equivalent.
data protection
this section sets out the employer’s commitment to complying with data protection law when processing (eg handling) employees’ personal data (eg names and addresses) to assess shared parental leave requests. the employer will, for example, not disclose personal data to other parties.
if you want your shared parental leave policy to include further or more detailed provisions, you can edit your document. however, if you do this, you may want a lawyer to review the document for you (or to make the changes for you) to make sure that your modified shared parental leave policy complies with all relevant laws. use 2022世界杯32强抽签时间 ’s ask a lawyer service for assistance.
-
legal tips for employers
take a comprehensive approach to leave for parents
uk law grants many different types of leave to parents (and prospective parents). as an employer, upholding workers’ rights in relation to this leave and otherwise supporting workers through their roles as parents is an important part of being an empathetic as well as legally compliant employer. it’s good practice to create policies to cover different types of leave, to ensure that workers are aware of all of their rights as working parents. for example, consider making:
-
an adoption leave policy - to set out workers’ rights and entitlements when adopting a child
-
a maternity policy - to set out workers’ rights and entitlements when giving birth to a child
-
a paternity policy - to set out workers’ rights and entitlements when, for example, their partner is giving birth to a child or they’re adopting
-
a parental leave policy - to explain employees’ rights to 18 weeks of unpaid time off to care for a child before the child’s 18th birthday
-
a time off for dependants policy - to set out workers’ right to take time off to deal with emergencies involving dependants, and procedures related to this right
-
a flexible working policy - to communicate employees’ rights to make formal requests for flexible working arrangements to, for example, facilitate childcare commitments
for more information on different types of family leave, read family leave and rights.
understand when to seek advice from a lawyer
in some circumstances, it’s good practice to ask a lawyer for advice to ensure that you’re complying with the law and that you are well protected from risks. you should consider asking for advice if:
-
adoption or surrogacy arrangements are needed
-
a parent withdraws their notice to end adoption or maternity leave early (eg if they no longer want to exchange some of this leave for spl)
-
allegations of discrimination are made in connection with spl
-
you want help tailoring your policy to offer more generous enhanced entitlements to spl and pay
-
shared parental leave policy faqs
-
what is included in a shared parental leave policy?
this shared parental leave policy template covers:
-
defining shared parental leave
-
eligibility for shared parental leave
-
when shared parental leave can be taken
-
notification and booking requirements
-
statutory shared parental pay and, if applicable, enhanced payments
-
rights during shared parental leave
-
returning to work after leave
note that this policy is not a parental leave policy (ie used to inform employees about their entitlement to up to 18 weeks of unpaid leave to care for a child before the child’s 18th birthday).
-
-
why do i need a shared parental leave policy?
having a shared parental leave policy in place isn’t a legal necessity, but it does help employers to comply with their obligations under employment law by helping them uphold employees’ rights to shared parental leave.
shared parental leave policies ensure that staff are aware of when shared parental leave can be taken and inform staff and managers of their responsibilities during the leave process (from request to return to work). this ensures transparency and consistency when making and responding to notifications regarding shared parental leave. it also helps to give parents and guardians a sense of flexibility at work (eg autonomy to decide how two parents will allocate leave) without their being penalised.
-
what is shared parental leave?
shared parental leave (spl) can be taken by parents when they want to take time off work to care for their child during its first year of life. spl is taken by one parent when another parent gives up some of their maternity or adoption leave in exchange. when somebody is eligible for spl, they have a legal right to take it.
spl allows eligible parents to choose how to share time off work after their child is born and allows for a more flexible arrangement than the traditional maternity and paternity leave rules. for more information, read shared parental leave.
-
who is entitled to shared parental leave?
to qualify to take shared parental leave, an employee must:
-
share parental responsibility for the relevant child from birth or, if they’re adopting, fostering to adopt, or adopting via a surrogate, from a certain date
-
have employee status
-
have worked for the same employer for at least 26 weeks by the end of the 15th week before the week the child is due (or certain other date if adopting, fostering to adopt, or adopting via surrogate) and still be working for the employer when they start spl
the other parent (eg a mother whose partner is taking shared parental leave) must also meet certain eligibility requirements in order for their partner to be able to take spl. the eligibility requirements differ depending on whether the two parents are sharing the spl or not and whether they are having a child by giving birth or by adoption.
for more information, read shared parental leave.
-
-
when can shared parental leave be taken?
shared parental leave can be taken at any time from the end of the 2-week compulsory maternity leave or adoption leave period (which increases to 4 weeks for factory workers). or, spl may be taken earlier if the parent on maternity or adoption leave gives binding (ie unchangeable) notice of when they intend to end their maternity/adoption leave.
spl can be taken up until 52 weeks from the date of the child’s birth or date of placement with the family.
-
how much spl can be taken?
the amount of spl that may be taken depends on how much maternity or adoption leave the other parent has already taken. as the first 2 weeks of maternity or adoption leave must be taken by the relevant parent (or 4 weeks if the parent is a mother who is a factory worker who is taking maternity leave), a parent taking shared parental leave can generally take up to 50 (or 48) weeks of spl.
-
when must an employee submit a notification to take spl?
notice of an employee’s intention to take spl must be submitted at least 8 weeks before any period of leave would begin. notice should be in writing and dated and should clearly set out what leave the employee intends to take.
-
how should spl be taken?
spl must be taken in blocks of at least one week. it can be taken in a single block or in various separate blocks. spl can always be split into up to 3 blocks. if an employer agrees, it may be split into more than 3 blocks.
-
what are shared parental leave in touch (split) days?
shared parental leave in touch days (split days) are used to enable each parent to work up to 20 days whilst taking spl. they are useful for, for example, keeping up with workplace training and changes. split days are optional and must be agreed upon by the employee and employer. for more information, read shared parental leave.
-
what happens if a parent changes their mind about opting-in to spl?
once a parent has given notice of their plans to end maternity or adoption leave and either parent has informed their employer of their intention to take spl, the notice given to end maternity or adoption leave and the notice given to activate spl are binding and cannot be withdrawn. there are only specific times that plans to take spl can be withdrawn (eg so that a parent can change their mind about ending maternity or adoption leave), which are:
-
when within 8 weeks of the parent giving notice to end their maternity or adoption leave, it’s discovered that neither parent qualifies for spl or statutory shared parental pay
-
when notice was given before birth and the intention to withdraw the plans is expressed within the 6 weeks following the birth, or
-
when the partner of the parent taking maternity or adoption leave dies
for more information, read shared parental leave.
-
-
is shared parental leave paid?
employees who are entitled to shared parental leave are generally also entitled to statutory shared parental pay (shpp). to take shpp, the parent receiving maternity or adoption pay must not use their entire 39-week statutory maternity pay (smp), statutory adoption pay (sap), or maternity allowance entitlement.
this means the maximum shpp that a parent who is the partner of the parent taking maternity or adoption leave can receive is 37 weeks’ shpp.
shpp is the lower of 90% of an employee's pay and the minimum rate set by the government each tax year (eg £184.03 a week as of 7 april 2024). an employee will only qualify for shpp if they qualify for spl.
for more information, read shared parental leave.
-
should i offer enhanced shpp?
many employers voluntarily offer their employees enhanced (or ‘contractual’) shpp as a valuable part of their benefits package. enhanced entitlements like this can help to attract and retain good employees and boost staff morale and loyalty.
-
do i have to offer enhanced shared parental pay if i offer enhanced maternity pay?
employers do not have to offer enhanced shpp if they offer enhanced maternity pay. however, if an employer does offer enhanced shpp this must be offered to employees of all genders who take spl.
moreover, offering equally enhanced maternity pay, adoption pay, shared parental pay, and paternity pay is a good way to promote equality as an employer.
-
what happens when an employee returns to work?
an employee who takes spl is entitled to return to the same role they were doing immediately before they took spl, on the same terms and conditions. employees must not be subjected to discriminatory or unfair treatment because they took or requested spl.
our quality guarantee
we guarantee our service is safe and secure, and that properly signed 2022世界杯32强抽签时间 documents are legally enforceable under uk laws.
need help? no problem!
ask a question for free or get affordable legal advice from our lawyer.