People Experience and Culture Shared Parental Leave Policy and Procedure
1. Purpose
This policy outlines your statutory and occupational entitlements to shared parental leave (SPL) and pay, and the procedures to follow in order to assist you.
This policy does not form part of your employment contract, and we may update it at any time.
2. Introduction
Shared parental leave enables eligible mothers/birthing parents and primary adopters to commit to ending their maternity/adoption leave and pay at a future date, and to share the untaken balance of leave and pay as shared parental leave and pay with their partner (where eligible).
If it is the mother/birthing parent or primary adopter who is employed by the university, then the partner must (where relevant) submit any notifications to take shared parental leave to their own employer. Similarly, if it is the partner who is employed by the university, the mother/birthing parent or primary adopter must (where relevant) submit any notifications to their own employer. Where both parties are employed by the university, both employees must submit the relevant forms to us.
As the rules involved in shared parental leave are complex, employees are encouraged to use the government (GOV.UK) 'Plan your Shared Parental Leave and Pay' tool to check eligibility for leave and pay. Employees should also contact the HR Operations Team for advice to ensure the relevant procedures are being followed.
3. Scope
This policy applies to all employees on a University of Derby or Derbyshire Student Residences Ltd (DSRL) contract of employment. It does not apply to agency workers, consultants, self-employed contractors, or volunteers.
See also ‘Eligibility’.
4. Definitions
- Mother/Birthing Parent - the person who has, or is due to give birth to the child (this could be a person of any gender identity).
- Primary adopter – the person who has elected to take adoption leave (see separate policy).
- Partner - the father of the child, or the mother/birthing parent’s/primary adopter’s spouse, civil partner or partner at the date of the child's birth or at the date on which the child is placed for adoption. This could include a person of any gender identity.
- Qualifying Week - The 15th week before the expected week of childbirth.
- Matching Week - The week in which you were notified of being matched with the child for adoption.
5. Policy Statement
The University is committed to providing competitive family-friendly packages in support of talent attraction, retention, staff wellbeing and career progression. It recognises the value of achieving a gender-diverse workforce and creating an environment that supports work-life balance for working parents. In support of this, the provisions of this policy exceed the statutory requirements and are highly competitive both inside and outside of the sector.
This policy and procedure sets out the entitlements and benefits for new parents.
6. Procedure
6.1 Eligibility for SPL
SPL can be used by a maximum of two people:
- The mother/birthing parent or primary adopter and
- One of the following:
- the father of the child (in the case of birth) or
- the partner of the child's mother/birthing parent or primary adopter.
Both parents must share the main responsibility for the care of the child at the time of the birth/placement for adoption.
Additionally, an employee seeking to take SPL must satisfy each of the following criteria:
- the mother/birthing parent or primary adopter of the child must be/have been entitled to statutory maternity/adoption leave, or if not entitled to statutory maternity/adoption leave they must be/have been entitled to statutory maternity/adoption pay or maternity allowance and must have ended or given notice to reduce any maternity/adoption entitlements;
- you must still be working for the University at the start of each period of SPL;
- you must pass the ‘continuity test’ requiring you to have a minimum of 26 weeks' service at the end of the 15th week before the child’s expected due date/matching date;
- your partner must meet the Acas ‘employment and earnings test’;
- you must correctly notify the University of your entitlement and provide evidence as required.
6.2 SPL Entitlement
The amount of SPL that can be split is 52 weeks, minus the amount of maternity/adoption leave taken by the mother/birthing parent or primary adopter. In birth cases, two weeks of compulsory maternity leave must be taken therefore you cannot start SPL until after this period. In adoption cases, you cannot start a period of shared parental leave until at least two weeks of adoption leave has been taken. This means that in either case, a maximum of 50 weeks can be taken as SPL.
All SPL must be taken within the first 52 weeks following the birth of the child, or of the date of placement in adoption cases.
Mothers/birthing parents or primary adopters can take SPL at the same time as the partner, or separately.
Leave must be taken in blocks of at least one week.
You can request to take SPL in one continuous block, in which case we must accept your request as long as you are entitled to SPL and meet the notice requirements. Alternatively, you can request to take SPL in a number of discontinuous blocks of leave, separated by periods of work, in which case will need your line manager’s agreement.
6.3 Notifications
6.3.1 Notification of entitlement and intention to take SPL
You must give your line manager notification of your entitlement and intention to take to SPL, at least eight weeks before you can take any period of SPL.
Part of the eligibility criteria requires you to provide the University with correct notification. Notification must be in writing and must contain certain information. All of the required information is stated in the forms found on the intranet. The partner must also provide a signed declaration (also found on the intranet).
6.3.2 Request for further information
The university may, within 14 days of the SPL entitlement notification being given, request:
- the name and business address of the partner’s employer (where the partner is no longer employed or is self-employed their contact details must be given instead)
- in the case of biological parents, a copy of the child's birth certificate (or, where one has not been issued, a declaration as to the time and place of the birth).
- in the case of an adopted child, documentary evidence of the name and address of the adoption agency, the date on which they were was notified of having been matched with the child and the date on which the agency expects to place the child for adoption.
In order to be entitled to SPL, you must produce this information within 14 days of our request.
6.3.3 Booking SPL
In addition to notifying the university of entitlement to SPL, you must also give notice to take the leave. In many cases, notice to take leave will be given at the same time as the notice of entitlement to SPL.
You have the right to submit three notifications specifying the leave periods you are intending to take. Each notification may contain either (a) a single period of weeks of leave; or (b) two or more weeks of discontinuous leave, where you intend to return to work between periods of leave.
SPL can only be taken in complete weeks but may begin on any day of the week. For example, if a week of SPL began on a Tuesday it would finish on a Monday. Where you return to work between periods of SPL, the next period of SPL can start on any day of the week.
You must book SPL by giving the correct notification at least eight weeks before the date on which you wish to start the leave and (if applicable) receive shared parental pay.
6.3.4 Continuous leave notifications
A notification can be for a period of continuous leave, which means a notification of a number of weeks taken in a single unbroken period of leave (for example, six weeks in a row).
You have the right to take a continuous block of leave notified in a single notification, so long as it does not exceed the total number of weeks of SPL available (specified in the notice of entitlement) and the university has been given at least eight weeks’ notice.
You may submit up to three separate notifications for continuous periods of leave.
6.3.5 Discontinuous leave notifications
A single notification may also contain a request for two or more periods of discontinuous leave, which means asking for a set number of weeks of leave over a period of time, with breaks between the leave where you return to work (for example, an arrangement where you will take six weeks of SPL and work every other week for a period of three months).
Where there is concern over accommodating the notification, the line manager or the employee may seek to arrange a meeting to discuss the notification with a view to agreeing an arrangement that meets both the needs of the employee and the university.
The University will consider a discontinuous leave notification but has the right to refuse it. If the leave pattern is refused, you can either withdraw it within 15 days of giving it or can take the leave in a single continuous block.
6.3.6 Responding to a SPL notification
Once the line manager receives the leave booking notice, it will be dealt with as soon as possible, but a response will be provided no later than the 14th day after the leave request was made.
All notices for continuous leave will be confirmed in writing by the relevant HR team.
All requests for discontinuous leave will be carefully considered, weighing up the potential benefits to the employee and to the university against any adverse impact to the business.
Each request for discontinuous leave will be considered on a case-by-case basis. Agreeing to one request will not set a precedent or create the right for another employee to be granted a similar pattern of SPL.
You will be informed in writing of the decision as soon as is reasonably practicable, but no later than the 14th day after the leave notification was made. The request may be granted in full or in part—for example, the university may propose a modified version of the request.
If a discontinuous leave pattern is refused, you may:
- Withdraw the request without detriment on or before the 15th day after the notification was given, or
- Take the total number of weeks in the notice in a single continuous block.
If you choose to take the leave in a single continuous block, you have until the 19th day from the date the original notification was given to choose when you want the leave period to begin. The leave cannot start sooner than eight weeks from the date the original notification was submitted.
If you do not choose a start date, the leave will begin on the first leave date requested in the original notification.
6.3.7 Variations to arranged SPL
You are permitted to vary or cancel an agreed and booked period of SPL, provided that you advise the university in writing at least eight weeks before the date of any variation. Any new start date cannot be sooner than eight weeks from the date of the variation request.
Any variation or cancellation notification made by you, including notice to return to work early, will usually count as a new notification reducing your right to book/vary leave by one (from a starting maximum of three). However, a change as a result of a child being born early, or as a result of the university requesting it be changed, and you being agreeable to the change, will not count as further notification. Any variation will be confirmed in writing by the university.
6.4 Shared Parental Pay
6.4.1 Statutory Shared Parental Pay
The number of weeks' of statutory shared parental pay available will depend on how much statutory maternity pay/maternity allowance or adoption pay the mother/birthing parent or primary adopter has been paid when their maternity/adoption leave or pay period ends.
If you take less than 39 weeks of maternity or adoption pay (or Maternity Allowance), you can use the rest as Statutory Shared Parental Pay. As two weeks of maternity or adoption leave must be taken before SPL can be accessed, there is a maximum of 37 weeks' statutory shared parental pay available.
If you intend to receive statutory shared parental pay, you should give notice at the same time that you submit your notice of entitlement and intention.
You are entitled to statutory shared parental pay if:
- you have at least 26 weeks' continuous employment with us at the end of the Qualifying/Matching Week;
- you remain in continuous employment with us until the week before any period of shared parental pay begins;
- your average weekly earnings for a period of eight weeks ending with the Qualifying/Matching Week are not less than the lower earnings limit for national insurance contributions;
- you have main responsibility for the care of the child at the date of the child's birth/adoption (apart from the father/partner);
- you are absent from work and intend to care for the child during each week in which you receive statutory shared parental pay; and
- you are entitled to statutory maternity/adoption pay in respect of the child, but the maternity/adoption pay period has been reduced; and
- you have complied with the relevant notice and evidential requirements set out in this policy.
See the separate pay information on the intranet.
6.4.2 Occupational Shared Parental Pay
To qualify for occupational pay you must have completed one year's continuous service with the University by the Qualifying/Matching Week.
There is one ‘pot’ of occupational pay per pregnancy/adoption, so if both parties work at UoD, they would share the pay between them. It is for the parents to decide how to split the leave and pay (it does not have to be half each), but any occupational pay will start being deducted from the overall pot by the parent who starts their SPL first. If parents wish to take their SPL at the same time, they should indicate how they would like the occupational pay to be apportioned, providing it does not exceed the maximum number of weeks available. Please note that pay can only be made in full-week denominations.
If only one party works at UoD, they may access the full quota of occupational pay (subject to the maximum available in their own circumstances). The other parent should seek clarification about how much (if any) occupational pay their own employer provides.
Payment of occupational pay is conditional on you confirming in writing, before starting shared parental leave, that you intend to return to work for at least six months after your final period of shared parental leave. If you do not return to work for this minimum period any occupational pay (but not statutory pay) must be repaid. If there is occupational pay to be repaid it will be taken from your final salary where there are sufficient funds to do so. If this is not possible, the university will agree a repayment plan with you. This might include, for example, that where notice of termination of employment is longer than one month, the occupational pay to be repaid may be deducted over the whole notice period so that the deductions can be split over two or more months.
The university may decide to waive the repayment requirement where there are clear compassionate grounds, or where your employment ends for non-voluntary reasons that were not reasonably foreseeable before your shared parental leave commenced (e.g., compulsory redundancy). The university will not normally waive the repayment requirement where the dismissal is for misconduct.
For the avoidance of doubt, you will still be eligible for occupational pay (subject to meeting the criteria stated above) even if you do not meet the criteria for statutory pay.
OMP is payable as follows:
18 weeks at 100% of your normal weekly pay (inclusive of any statutory payments made in those weeks) reduced by the number of weeks’ maternity/adoption leave taken by the mother/birthing parent/primary adopter. For example, if the mother/birthing parent takes 8 weeks maternity leave, there will be 10 weeks of occupational pay remaining to be shared.
Occupational pay is based on our employee’s own earnings (not the partner’s) and can only be accessed by those within the scope of this policy, i.e., employees of the University of Derby or DSRL.
Where you do not have normal working hours (i.e., hourly paid employees), a week’s pay is your average remuneration calculated over the period of 8 weeks up to and including the Qualifying/Matching Week.
6.5 Other pay-related information
Shared parental pay will be paid into your bank account on the same day that you would normally receive your salary payment, subject to the usual tax and national insurance contributions.
If you have the required continuous service, but have not paid sufficient National Insurance contributions to qualify for statutory pay, you will still receive occupational pay.
7. Contact during SPL
Shortly before your shared parental leave starts, your manager will discuss with you the arrangements for covering your work and the opportunities for you to remain in contact, should you wish to do so, during your leave.
In any event, we reserve the right to maintain reasonable contact with you from time to time during your leave, for example to discuss your plans for returning to work, to discuss any training needs before returning, or to update you on key developments at work during your absence.
8. Shared Parental Leave In Touch (SPLIT) Days
You can agree to work for up to 20 days during your SPL without that work bringing your period of SPL to an end and without loss of a week’s statutory pay. These are known as Shared Parental Leave In Touch (SPLIT) days. SPLIT days can be used for any work-related activity, including attending training, conferences, and team meetings.
A SPLIT day should be mutually agreed between you and your line manager. Your manager is not obliged to offer you any days of work during your SPL, nor can you insist on working.
Any work done on a day during the SPL period will count as a whole SPLIT day, even if it is for only an hour or so but is payable as per the contractual rate of pay and in accordance with the number of hours worked on that day. If a SPLIT day occurs within a period of your paid SPL, the payment for the SPLIT day will be offset against any SPL payments (statutory and occupational). Payment for SPLIT days will be pensionable.
Once all 20 SPLIT days have been used, if you are still being paid statutory pay and continue to work more than the allowed 20 SPLIT days, you will lose a week’s statutory pay for any week in which you work for us.
9. Terms and Conditions During SPL
During shared parental leave, all the terms and conditions of your employment except normal pay will continue. Your pay will be replaced with statutory and/or occupational pay if you are eligible for it for the period it is payable. However, other benefits such as holiday entitlement, pension contributions, and salary sacrifice schemes will continue as set out below. If you are entitled to any other benefits such as health insurance, etc., these will continue during shared parental leave. However, please refer to the relevant scheme’s terms and conditions for information about how payments will be dealt with while you are on leave. You will be entitled to keep any work equipment such as laptops and mobile phones while on shared parental leave.
If you are contributing to the Local Government Pension Scheme (LGPS) or Teachers’ Pension Scheme (TPS), both you and the university will continue to pay contributions on any paid shared parental leave. The employee contributions will be based on the actual payments, not the salary you would normally receive. During any unpaid shared parental leave, pension contributions are not payable by either the employee or the employer. Upon return to work, you have the following options:
- LGPS - to buy back some or all of the gap in pensionable service.
- TPS - to increase your pension.
Your annual leave (including statutory and concessionary days) continues to accrue during your shared parental leave. You should discuss arrangements for taking this annual leave with your line manager. However, it is good practice to take annual leave that has accrued before the start of your shared parental leave period before your leave starts. You should attempt to take all outstanding annual leave within the relevant leave year as normal. However, where this is not possible, the outstanding leave can be carried over to the next leave year. On or before your return to work, you should discuss with your manager a plan for taking this carried-over leave so that it is taken in the next leave year.
Cycle to Work Scheme (salary sacrifice) – If you are in a period of shared parental leave where you are receiving nil pay or statutory pay only, we will extend the hire period by the number of months you are not being paid or are receiving statutory pay. This is so that the salary sacrifice arrangement can continue when you return to normal pay.
Childcare Vouchers (salary sacrifice) – Childcare vouchers cannot be provided during a period of statutory or nil pay. You will need to opt out of the scheme during any such period and rejoin when you return to normal pay. You must rejoin the scheme within 11 months of your last voucher entry and have not joined the Tax-Free Childcare scheme in the meantime.
10. Returning from SPL
If you wish to return to work earlier than the agreed return date, you may provide a written notice to vary the leave and must give the University at least eight weeks’ notice of your date of early return. This will count as one of your notifications. If you have already used your three notifications to book and/or vary leave, then the University does not have to accept the notice to return early but it may choose to do so at its discretion.
You have the right to resume working in the same job and on the same terms and conditions when returning to work from shared parental leave if the period of leave, when added to any other period of shared parental leave, statutory maternity, adoption, or paternity leave taken by you in relation to the child, is 26 weeks or less.
You have the right to return to the same job, wherever possible, if you have taken shared parental leave and the period of leave taken is more than 26 weeks when added to any other period of shared parental leave, statutory maternity, adoption, or paternity leave taken by you in relation to the child. However, if this is not reasonably practicable, we will offer you a suitable alternative job on terms and conditions that are no less favourable.
If you are unable to return to work due to sickness or injury, this will be treated as sickness absence and our Attendance Management policy and procedure will apply.
If you wish to request flexible working (e.g., reduced hours) you should refer to the Flexible Working policy found on the intranet.
11. Deciding Not to Return
If you decide not to return to work after shared parental leave, you will need to give notice of your resignation as soon as possible and in accordance with the terms of your contract. If the notice period expires after your shared parental leave has ended, we may require you to return to work for the remainder of the notice period.
If you do not return to work for a period of six months, you will normally be required to repay any occupational pay that has been paid to you. See also the Occupational Pay section.
12. Related Documentation
Shared parental leave should not be confused with ‘Parental Leave,’ which is an entitlement to up to 18 weeks’ unpaid leave and is unaffected by this scheme. Details of Parental Leave can be found under a separate policy and procedure on the HR policy page of the intranet.
See also: Family-Friendly Hub on the intranet.