The new entitlement to shared parental leave and pay will come into effect for parents of babies who are due on or after 5 April 2015, or of children placed for adoption on or after that date. It will replace additional paternity leave and pay.
Two words sum up the key difference between the old and new systems of parental leave – ‘choice’ and ‘flexibility’.
Additional Paternity Leave (APL), which will be withdrawn next year, is based on the mum going back to work early and the dad being able to take the balance of her untaken maternity leave. Shared Parental Leave (SPL) is based on the same principle that if the mum reduces her entitlement to maternity leave, the weeks that are not taken as maternity leave can be taken as SPL.
The key difference is that a mum can give notice in advance to say the date on which she will end her maternity leave. Once she has given notice to reduce her maternity leave, the dad (or her partner) can start taking SPL, subject to giving his employer 8 weeks’ notice. So dad can start taking SPL while mum is still on maternity leave. Mum doesn’t have to return to work first. It is much more flexible.
This might be relevant, for example, if the mum’s employer offers an enhanced contractual maternity pay scheme. If the mum gives notice to curtail her maternity leave after her occupational pay period has ended, her partner can take shared parental leave while she is on maternity leave.
Another difference is that, unlike APL, SPL can be shared by both parents and can be stopped and started. So parents who are able to take advantage of the new shared parental leave and pay system can choose to take time off work together or stagger their time at home so that one of them is caring for their child when the other is at work.
What was wrong with the old system?
APL was full of restrictions. The mother or adopter had to return to work before the dad (or other parent) could take time off and the dad couldn’t take leave before 20 weeks after the birth. The maximum amount of leave the dad could take was 26 weeks, and this had to be taken in a single block – which might not be convenient for either the parent or the employer. The dad could only receive Additional Statutory Paternity Pay until the end of the 39th week after Statutory Maternity Pay or Maternity Allowance was first paid.
Shared parental leave removes these unnecessary restrictions - just take a look at the table of comparisons below:
Shared Paternity Leave and Pay (SPL/P) and Additional Paternity Leave and Pay (APL/P)at a glance.
| SPL/P | APL/P | |
| Leave can be shared between the mum and the dad | Yes | Yes |
| Mum has to go back to work before dad can take leave | No | Yes |
| Mum and dad can be home together | Yes | No |
| Dad can stay at home from the birth | Yes | No |
| Dad can be the primary carer taking most of the leave | Yes | No |
| Leave can be stopped and started | Yes | No |
| Pay must be taken within 39 weeks of starting SMP/MA | No | Yes |
| Pay must be taken within the 39 week pay period | No | Yes |
| Pay can be taken at any time in the first year | Yes | No |
Further guidance can be found here and please feel free to add your comments below.
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