Shared Parental Leave (SPL) is a statutory right that allows eligible parents to share up to 50 weeks of leave and 37 weeks of pay following the birth or adoption of their child. This right is designed to give parents more flexibility in how they share the care of their child in the first year. The Advisory, Conciliation and Arbitration Service (ACAS) provides a comprehensive guide to help employers understand their rights and responsibilities under the SPL regulations. This article will delve into the ACAS Shared Parental Leave Guide, highlighting the key aspects of employer rights and responsibilities.
Understanding Shared Parental Leave
Before we delve into the specifics of employer rights and responsibilities, it’s crucial to understand what Shared Parental Leave entails. SPL allows eligible parents to share up to 50 weeks of leave and 37 weeks of pay if they meet certain eligibility criteria. This can be taken in blocks, or all in one go, and both parents can be off work at the same time. The aim is to give parents more flexibility in how they care for their child during the first year.
Employer Rights
As an employer, it’s essential to understand your rights under the SPL regulations. These include:
- The right to request evidence of the birth or adoption
- The right to receive notice of the intention to take SPL
- The right to refuse discontinuous leave arrangements
- The right to postpone SPL in certain circumstances
Right to Request Evidence
Employers have the right to request a copy of the child’s birth certificate or adoption matching certificate. They can also ask for the name and address of the partner’s employer. However, this request must be made within 14 days of the SPL notice.
Right to Receive Notice
Employees must give their employers at least eight weeks’ notice of their intention to take SPL. This notice should include the start and end dates of each period of leave they intend to take.
Right to Refuse Discontinuous Leave
While employees can request discontinuous leave (taking leave in separate blocks rather than all at once), employers have the right to refuse this. If an agreement cannot be reached, the employee can either withdraw their request or take the total amount of leave requested in one continuous block.
Right to Postpone SPL
In certain circumstances, employers can postpone the start of SPL. This can only be done if the notice is given less than eight weeks before the intended start date and it would cause significant disruption to the business. However, the leave cannot be postponed beyond the child’s first birthday.
Employer Responsibilities
Alongside these rights, employers also have several responsibilities under the SPL regulations. These include:
- Providing employees with information about SPL
- Dealing with SPL notices correctly
- Keeping records of SPL
- Not penalising employees for taking SPL
Providing Information
Employers must provide employees with information about their rights and entitlements under SPL. This includes how to apply for SPL, the notice requirements, and the potential consequences of failing to comply with these requirements.
Dealing with Notices
Employers must deal with SPL notices correctly. This includes responding to the notice within 14 days, discussing the leave arrangements with the employee, and confirming the leave dates in writing.
Keeping Records
Employers must keep records of SPL, including the evidence of the birth or adoption, the notices of entitlement and intention to take SPL, and any changes to the leave arrangements. These records must be kept for at least three years.
Not Penalising Employees
Employers must not penalise, dismiss, or treat employees unfairly for taking or seeking to take SPL. This includes not subjecting them to detriment, unfair dismissal, or discrimination.
Conclusion
The ACAS Shared Parental Leave Guide provides a comprehensive overview of employer rights and responsibilities under the SPL regulations. By understanding and adhering to these rights and responsibilities, employers can ensure they comply with the law, support their employees, and maintain a positive working environment.
