Employees who are mothers, fathers and partners of mothers with babies are entitled to statutory shared parental leave if they meet certain eligibility requirements. The right is also available for adoptive parents.
Individual employees seeking to take up this leave will need to satisfy an individual eligibility test and their partners must satisfy a joint eligibility test. The mother must have returned to work or curtailed her maternity leave (similar rules apply in an adoption situation).
How much shared parental leave is available depends on the number of weeks statutory maternity leave taken by the mother before her return to work (or leave curtailment date). For example, If the mother is entitled to statutory maternity leave, the available shared parental leave may be calculated by deducting from 52, the number of weeks of statutory maternity leave taken by the mother before her leave curtailment date or her return to work. Advice should be sought relevant to the individual’s situation.
To be able to take shared parental leave, your employee must provide you with a written notice of entitlement and intention to take the leave (including start and end dates of each period), at least eight weeks before the start of the first period of absence.
An employee may carry out up to twenty days’ work for your business (Split Days) without this ending the shared parental leave period. Any work carried out on a day constitutes one day's work. Accordingly, if an employee attends a one-hour training course, this will count as one of the 20 days available.
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