The Department for Business Innovation and Skills is encouraging eligible fathers to take their share of up to 39 weeks of pay and 52 weeks of parental leave with their child’s mother in the first year of their baby’s life.
The department says that new fathers should “take a moment” to consider whether they can play a more active role in the first year of their child’s life by applying for shared parental leave and pay.
The scheme gives mothers the opportunity to return to work earlier, should they wish to.
Parents can take up to six months’ leave from work at the same time – or they can stagger their leave and pay, so that one of them is always at home with their child.
The scheme allows fathers the opportunity to bond with their newborn – many fathers also qualify for statutory pay. Parents must meet the eligibility criteria in order to take advantage of shared parental leave and pay, however.
Those who are eligible can take any weeks of maternity leave which the mother does not intend to use as up to 50 weeks of shared parental leave –and any weeks of maternity pay or maternity allowance that the mother does not intend to use as up to 37 weeks of shared parental pay.
Parents can decide how best they split parental leave – and whether to take it all at once, or in blocks of leave. The scheme allows parents to book up to three separate blocks of shared parental leave, instead of taking it all in one go.
To qualify for shared parental leave and pay, an employee must have been employed continuously by the same employer for at least 26 weeks at the qualifying week. To qualify for pay, they must additionally have earned at least the lower earnings level – currently £112 a week – in an eight-week test period.
The second parent must be employed or a self-employed earner who has worked for 26 weeks and earned £30 on average in any 13 of weeks in the 66 weeks before the week the baby is due.
The same principles apply to adopters – and in the case of joint adoptions, the second parent can qualify for shared parental leave and pay, where the parent who qualifies for adoption leave and pay does not intend to take their full leave and pay entitlement.
Shared parental leave is also available to new adoptive parents.
Duncan Lewis Children Lawyers
Duncan Lewis children lawyers can advise parents on a wide range of child care law and family matters, including parents’ duties under the Education Act 1996 and SEND, maternity and paternity leave and pay, employment disputes, and rights to parental leave in the workplace.
Duncan Lewis can also advise on Section 38 enquiries, pre-proceedings meetings, children taken into Local Authority care and Court of Protection cases.
There are Duncan Lewis offices nationwide – and Duncan Lewis advises on family and child care matters under UK law and Islamic law, as well as being able to advise on cross-border family issues, such as child care arrangements, leave to remove and international parent-child abduction.
For expert legal advice on family and child care matters, call Duncan Lewis children solicitors on 0333 772 0409.