Shared Parental Leave Policy and Procedure Shared Parental Leave Policy and Procedure Contents Page 1. Introduction ................................................................................................................................ 3 2. Scope and Definitions ................................................................................................................. 3 3. Responsibilities ........................................................................................................................... 4 Qualifying for Shared Parental LEAVE ........................................................................................... 5 4. Eligibility for Shared Parental Leave ........................................................................................... 5 5. Amount of Shared Parental Leave available ............................................................................... 5 6. Notice requirements for Shared Parental Leave ........................................................................ 5 7. Periods of Shared Parental Leave ............................................................................................... 5 Qualifying for Shared Parental PAY............................................................................................... 7 8. Amount of Shared Parental Pay .................................................................................................. 7 9. Eligibility for statutory Shared Parental Pay ............................................................................... 7 During and After Shared Parental Leave ....................................................................................... 8 10. Contact during Shared Parental Leave.................................................................................... 8 11. Contractual pay and benefits during Shared Parental Leave ................................................. 8 12. Redundancy and Fixed-term Contract Expiry During Shared Parental Leave......................... 8 13. Right to return to work following Shared Parental Leave ...................................................... 9 14. Further Leave, Flexible Working and Childcare Provision ...................................................... 9 15. Associated Documents............................................................................................................ 9 Appendices ................................................................................................................................ 11 Appendix 1 – Flow Charts ................................................................................................................. 11 Appendix 2 – An example of how to calculate your Qualifying Week.............................................. 13 Appendix 3 – Forms to notify the University .................................................................................... 14 Appendix 4 – Pension Contributions During Shared Parental Pay ................................................... 21 Appendix 5 – Template Letter – Invite to discuss Discontinuous Shared Parental Leave Request .. 24 Appendix 6 – Ordinary Parental Leave Procedure ............................................................................ 25 Page 2 of 25 1. Introduction 1.0 The University of Sunderland recognises the challenging demands on parents balancing work and childcare. This policy and procedure is designed to give parents more flexibility in how to share the care for, and bond with, your child in the first year following birth or adoption. 1.1 Shared Parental Leave and Shared Parental Pay are entitlements for parents of children due to be born or adopted on or after 5 April 2015. 1.2 To access these benefits you must have a partner who shares responsibility for your child, and one of you must commit to bring your Maternity or Adoption Leave/Pay to an end early and convert the remainder to Shared Parental Leave and Pay. Eligibility criteria apply. 1.3 You can agree how to divide any Shared Parental Leave (and Pay if you qualify for both) between you and your partner - even if you work for different employers. For example you could both be off work at the same time, or ask to take it in turns to look after the child. 1.4 If your partner is the one who qualifies for Maternity or Adoption Leave/Pay at a different employer then (subject to certain criteria) you could get Shared Parental Leave and Pay from the University. 1.5 This policy and procedure sets out what you need to know and do should you decide to take Shared Parental Leave. This policy summarises our procedure and the legal position but does not cover every eventuality. Since the legal provisions are complex you are encouraged to contact Human Resources with any questions or concerns before requesting shared parental benefits (www.sunderland.ac.uk/hr). 1.6 A diagram illustrating the Shared Parental Leave process can be found in Appendix 1. 2. Scope and Definitions 2.1 This policy applies to eligible employees and agency workers of the University of Sunderland, regardless of their length of service. By law, only an employee can take Shared Parental Leave, but agency workers can take statutory Shared Parental Pay. 2.2 The following definitions are used in this policy: • Mother or Primary carer means the mother, expectant mother or primary adopter of the child (of either sex). • Partner or Secondary carer means the father of the child, or the person (of either sex) who, at the date of the child's birth or adoption, is married to, is the civil partner of, or is the partner of the primary carer. This includes someone of either sex who lives with the mother and the child in an enduring family relationship but who is not the mother's child, parent, grandchild, grandparent, sibling, aunt, uncle, niece or nephew. • Expected week of childbirth/matching means the week, starting on a Sunday, during which the mother's doctor or midwife expects her to give birth. In cases of adoption this would be the day on which the child is placed with you for adoption, or a date which is within the 14 days before the child is expected to be placed with you. • Matching Week for adoption is either: o the end of the week you’re matched with the child (UK adoptions) o the date the child enters the UK or when you want your adoption pay to start (overseas adoptions) Page 3 of 25 • Qualifying Week is the 15th week before the week in which your baby is due. The definition of a week for the qualifying week is a period of 7 days that begins at midnight between Saturday and Sunday. To work out your qualifying week, use a calendar and find the Sunday at the start of your expected week of childbirth, then count back 15 Sundays (do not include the Sunday of your EWC). The 15th Sunday is the beginning of your qualifying week. See Appendix 2 for an example showing how to calculate your qualifying week. • Full Pay means a full week’s pay. (Half Pay is half this amount.) This is the contractual weekly pay in the calendar month immediately prior to the commencement of maternity leave. Weekly pay includes all payments which are earnings for Class 1 National Insurance Contributions including the value of any contractual benefits which count as earnings. Weekly pay includes all payments which are earnings for Class 1 National Insurance Contributions including the value of any contractual benefits which count as earnings. • Average Pay means an average week’s pay. (Half average pay is half this amount.) For term time or academic year contracts this is determined by multiplying basic contractual weekly pay by the number of weeks actually worked in the year, then dividing by 52.1428. For variable hours contracts (timesheet claimants with no standard weekly hours e.g. Academic Tutors) an average week’s pay is determined by the pay received from the University in the 12 months immediately prior to the commencement of maternity leave. Weekly pay includes all payments which are earnings for Class 1 National Insurance Contributions including the value of any contractual benefits which count as earnings. 2.3 In all cases, these definitions can include men and women in same sex partnerships. 2.4 Shared Parental Leave should not be confused with Ordinary Parental Leave, which is separate to, and unaffected by, Shared Parental Leave. Ordinary parental leave is the entitlement to take up to 18 weeks' unpaid leave to care for your child. The procedure is in Appendix 6. 3. Responsibilities 3.1 It is the parents’ responsibility to check they are eligible for Shared Parental Leave and submit the required declarations. Both parents should ensure that they liaise with their own employer to ensure that requests are handled as smoothly as possible. • If it is the primary carer that is employed by the University, your partner must submit any notifications to take Shared Parental Leave set out in this policy to his/her own employer (which may have its own Shared Parental Leave policy in place) if he/she wants to take a period of Shared Parental Leave. • If it is the secondary carer that is employed by the University, your partner must submit any notifications to take Shared Parental Leave to his/her own employer. 3.2 The University has a responsibility to consider requests in a prompt and reasonable manner balancing the needs of the employee and the business. Page 4 of 25 Qualifying for Shared Parental LEAVE 4. Eligibility for Shared Parental Leave 4.1 In order for you to be eligible for statutory Shared Parental Leave you must have a partner, and both you and your partner must be either a primary or secondary carer for the child. You must both give the statutory notices to your employer(s). You must also meet all the relevant eligibility requirements below (see the flow chart in Appendix 1). To apply, please use the relevant form in Appendix 3. • You must meet the continuity of employment test: have at least 26 weeks continuous employment with the University by the end of the Qualifying Week or Matching Week, and still be employed by us in the week before the leave is to be taken. • Your partner must meet the employment and earnings test: have worked for his or her employer in an employed or self-employed capacity or as an agency worker in at least 26 weeks (not necessarily continuously) out of the 66 weeks before the EWC or the date of the adoption and had average weekly earnings of at least £30 during 13 of those weeks (not necessarily continuously). • Whichever partner is the primary carer must cut short, or give binding notice to reduce, his or her maternity/adoption leave (or maternity or adoption pay/allowance). 5. Amount of Shared Parental Leave available 5.1 The amount of Shared Parental Leave will depend on when the primary carer brings the adoption/maternity leave to an end. The minimum amount is one week and the maximum is 50 weeks. (The first two weeks of maternity or adoption leave cannot be shared.) 5.2 If you are the partner, you should consider using your two weeks' paternity leave before taking Shared Parental Leave, because once you start Shared Parental Leave you will lose any untaken Paternity Leave entitlement. (See the Paternity Leave Policy and Procedure.) 5.3 Any leave not taken by the first birthday or first anniversary of placement for adoption is lost. 5.4 A mother who gave notice before the birth to end her Maternity Leave can revoke the notice up to six weeks after the birth. This cancels all Shared Parental Leave for both partners. Advice should be sought from Human Resources if this occurs. 6. Notice requirements for Shared Parental Leave 6.1 You are legally required to give three types of notification in order to take Shared Parental Leave. These are explained in Appendix 3. You can give these three notifications at the same time, or separately. You must notify us at least 8 weeks before the date of the leave (but earlier notification may be helpful). 6.2 In order to simplify the process, the University has provided a form for you to complete. Four options are set out in Appendix 3. You will only need to complete one of the forms, each of which covers all the legal requirements. 6.3 Line managers who receive a notice or are aware of a potential notice should seek advice from Human Resources to ensure that they are supported in meeting the statutory requirements. 7. Periods of Shared Parental Leave 7.1 As long as you give the required notice, the mother or primary carer can begin Shared Parental Leave at any time after the first two weeks of Maternity or Adoption Leave. This Page 5 of 25 means that you can return to work and request Shared Parental Leave at a later date(s). The secondary carer can take Shared Parental Leave at any time from the date of the birth or adoption (even if the primary carer is still on Maternity or Adoption Leave) but does not need to start the leave as soon as the Maternity or Adoption Leave stops. 7.2 Shared Parental Leave must be taken in blocks of at least one calendar week. Each parent can make up to three ‘Period of Leave Notices’ to his or her employer, including variations of ‘Period of Leave Notices’, per pregnancy/adoption. These are part of the forms in Appendix 3. Each ‘Period of Leave Notice’ may be for one continuous period or up to three separate ‘discontinuous’ periods, per pregnancy/ adoption. 7.3 Continuous period of Shared Parental Leave 7.4 If you request one continuous period of leave, the University is required to accept the request as long as you meet the eligibility and notice requirements. Potentially you can use your 3 notices to request up to 3 separate blocks of continuous leave. 7.5 Discontinuous periods of Shared Parental Leave 7.5.1.You may request discontinuous periods of leave within any of your 3 notices. For example, you may decide that you and your partner wish to alternate childcare responsibilities. Either partner could return to work and then go back onto leave. 7.5.2. The University will respond to any such request within two weeks confirming: • approval of the pattern of leave requested; or • a proposal for an alternative pattern of leave; or • refusal of the pattern of leave requested. 7.5.3. You can discuss your request with your line manager during the two week period and, if agreement is reached, you will be entitled to take the leave on the dates agreed. 7.5.4. You may withdraw your discontinuous ‘Period of Leave Notice’ at any time during the two week discussion period before agreement is reached. A notice that is withdrawn before it is agreed does not count towards your three requests for leave (see 7.2). 7.5.5. If your request is refused or if no agreement has been reached during the two week period, you will be entitled to take the leave as one continuous period of leave instead. • In that event (and within five working days of the two week discussion period) you must choose a start date for the one continuous period of leave. The start date must be at least eight weeks after the date you submitted your ‘Period of Leave Notice’. • If you do not choose a start date in the time frame specified, your period of continuous leave will start on the date of the first period of leave requested in your ‘Period of Leave Notice’. 7.5.6. A template letter for use by managers is available in Appendix 5. 7.6 Variation or cancellation of ‘Period of Leave Notice’ 7.7 You may vary or cancel agreed Shared Parental Leave dates as long as you provide written notice at least eight weeks before that period of leave is due to commence. Requests for variations do count towards your maximum three ‘Period of Leave Notices’ (see 7.2). To do this, please revise and resubmit the relevant form in Appendix 3. The written notice can: • vary the start date or the end date or cancel a request for leave; • request that a continuous period of leave becomes discontinuous leave; or • request that discontinuous periods of leave become a continuous period of leave. Page 6 of 25 Qualifying for Shared Parental PAY 8. Amount of Shared Parental Pay 8.1 Statutory Shared Parental Pay is created by the primary carer ending maternity pay, adoption pay or maternity allowance before the full entitlement is used up. Shared parental pay can be claimed for any remaining weeks. Since the primary carer must take at least two weeks of maternity or adoption leave, the maximum Shared Parental Pay is 37 weeks. 8.2 The University is committed to supporting you throughout your Shared Parental Leave. If you qualify for statutory Shared Parental Pay (either as the primary or secondary carer) the University will top up your pay to the following amounts (which include your statutory pay): Weeks Amount for Non Variable Hours Staff Amount for Variable Hours Staff Made up of Up to 14 + Weeks Full Pay* Average Pay* Up to 12 + Weeks Half Pay* Half Average Pay* Statutory Shared Parental Pay made up to full, or average, pay Statutory Shared Parental Pay made up to half, or half average, pay Current Standard SMP st value as at 1 April 2014 is £138.18. Remainder of 37 weeks Statutory (Standard SMP Statutory (Standard SMP rate, or 90% of average rate, or 90% of average weekly pay if less) weekly pay if less) * See Scope and Definitions. SMP is Statutory Maternity Pay. + Less any weeks of full or half Maternity or Adoption Pay you receive from the University in connection with the same birth or adoption. If you are the mother or primary adopter you must receive at least 2 weeks of full Occupational Maternity or Adoption Pay from the University. 8.3 Only the entitlement to statutory Shared Parental Pay is shared. If your partner is the secondary carer they can benefit from any enhancement offered by their own employer. 8.4 Shared Parental Pay is paid on a monthly basis in the same way you receive your monthly salary however it is paid in complete weeks so there may be slight differences. 8.5 If you become eligible for a pay rise between the start of the original calculation period and the end of your Shared Parental Leave, your average earnings will be recalculated from that point onward, and any backdated sum will be paid in the next available payroll. 8.6 If you choose not to return to work, or you choose to leave the University within 3 months of your return, you must refund any half pay (less statutory Shared Parental Pay which is not refundable). This does not apply if your employment is terminated by the University through no fault of your own (for example at the end of a fixed-term contract) during your Shared Parental Leave or within 3 months of your return. 9. Eligibility for statutory Shared Parental Pay 9.1 In order for you to be eligible for statutory Shared Parental Pay, you must meet all the relevant eligibility requirements below. These are part of our form in Appendix 3. • You must qualify for Shared Parental Leave (see 4.1); and • You must meet the Lower Earnings Limit: your average earnings for the 8 weeks' prior to the 15th week before the Qualifying Week or Matching Week are not less than the lower earnings limit set by the government each tax year [currently £111 per week]; and • Whichever partner is the primary carer must cut short, or give binding notice to reduce, maternity/adoption pay or maternity allowance. Page 7 of 25 During and After Shared Parental Leave 10. Contact during Shared Parental Leave 10.1 There may be occasions where it would be beneficial for your manager to make reasonable contact with you during your Shared Parental Leave. This may include, for example, updating you on changes affecting your department or work area, notifying you of any potential opportunities for promotion within your department, and/or discussing plans for your return to work. You would also be notified of any potential opportunities for promotion within your department. 10.2 The University gives the option of up to 20 "shared-parental-leave-in-touch" (SPLIT) days for each parent, which give you the opportunity to attend work, for example to undertake training or key meetings, without bringing your period of Shared Parental Leave to an end. SPLIT days will be paid unless you are already in a period of full pay. SPLIT Days are in addition to Maternity/Adoption Keeping in Touch (KIT) days, but unused KIT entitlement cannot be carried forward into a period of Shared Parental Leave. For further information please see the Keeping in Touch (KIT) Days and Shared Parental Leave In Touch (SPLIT) Days Guidance. 11. Contractual pay and benefits during Shared Parental Leave 11.1 During Shared Parental Leave your salary will be replaced by Shared Parental Pay if you are eligible for it. All other terms and conditions of your contract will continue. 11.2 Your entitlement to normal contractual annual leave continues to accrue throughout your leave. You are expected to take any outstanding annual leave entitlement that you have accrued before commencing your parental leave. Accrued annual leave should normally be taken at the end of your parental leave. In exceptional circumstances, and with the agreement of your Dean or Director, accrued annual leave may also be carried over or (where permitted) paid upon your return to work. 11.3 Pension contributions will continue to be made during any period when you are receiving Shared Parental Pay but not during any period of unpaid Shared Parental Leave. Each pension scheme has different rules for how Shared Parental Leave and Pay affect your pension. If you are in one of our occupational pension schemes please see Appendix 4. 12. Redundancy and Fixed-term Contract Expiry During Shared Parental Leave 12.1 The University will not select you for redundancy for a reason connected with your Shared Parental Leave. 12.2 If you are selected for redundancy for a reason unconnected with your Shared Parental Leave, including the end of a fixed-term contract, the University will consult you through the Procedure for Ending Fixed-term Contracts or Redundancy Policy and Procedure as appropriate, and will assist you in trying to find a suitable alternative vacancy through the Redeployment Policy and Procedure. HR will ensure that during Shared Parental Leave you receive general communications on the redundancy situation and are given the opportunity to engage in group and/or individual consultations. 12.3 If your employment is terminated before the end of the Shared Parental Leave period through no fault of your own, the University will pay all outstanding Shared Parental Pay (for which the employee qualified) when your employment is terminated. Page 8 of 25 13. Right to return to work following Shared Parental Leave 13.1 If you return to work following any period of Shared Parental Leave, then: • If your combined leave period (including any maternity, paternity, adoption and Shared Parental Leave) totalled 26 weeks or less, you are entitled to return to the same job. • If your combined leave period (including any maternity, paternity, adoption and Shared Parental Leave) exceeds 26 weeks you have the right to return to the same job unless this is not reasonably practicable. In these circumstances, you have the right to return to another job that is suitable and appropriate for you. 13.2 All relevant leave is added together, even if it is not continuous. 13.3 This includes any returns to work in between periods of relevant leave. 13.4 Ordinary (unpaid) parental leave is not included in the above calculations (see Appendix 6.) 14. Further Leave, Flexible Working and Childcare Provision 14.1 If you wish to take further leave from work, the University has a range of special leave options that you may wish to consider, including unpaid Ordinary Parental Leave (see Appendix 6) or a career break. The Special Leave Policy sets out your right to unpaid time off for dependants and other domestic emergencies. Please see the appropriate University policy for more information. Details can be obtained from Human Resources (www.sunderland.ac.uk/hr). 14.2 The University wishes to provide employees with more opportunities to balance work and personal life, while ensuring that any such arrangements are beneficial to the business. As part of this commitment, the University has a number of schemes and procedures designed to support employees who may wish to consider or request flexible working arrangements. 14.3 The University has an on-site nursery which cares for children between 3 months and 5 years of age. The nursery also offers holiday play schemes at Easter and during the summer for children aged up to 10 years. Nursery places are in high demand therefore anyone requiring childcare should make an application as early as possible to join the waiting list. Further details, including information regarding fees and the admissions procedure, can be obtained directly from St. Mary’s nursery. 14.4 The University operates Childcare Voucher and Nursery Provision schemes via a salary sacrifice arrangement, allowing you to give up your right to receive part of your contractual pay for an agreed period of time. In return the University agrees to provide you with a noncash benefit. This benefit is free of Tax and National Insurance which results in a saving. Further details can be obtained from Human Resources (www.sunderland.ac.uk/hr). 15. Associated Documents • • • • • • • • • Maternity Policy and Procedure Adoption Policy and Procedure Paternity Policy and Procedure; Keeping in Touch (KIT) Days and Shared Parental Leave In Touch (SPLIT) Days Guidance. Special Leave Policy Flexible Working and Flexible Access to Pension Procedure New and Expectant Mothers at Work Guidance Note Job Share Scheme Policy Career Break Policy Page 9 of 25 Shared Parental Leave Policy and Procedure Date of Issue: 12th May 2015 Next review date: 1 year after Board of Governors approval Approved by (e.g. Committee, Director, etc): Board of Governors Date of last approval: 19th March 2015 Author/Owner: Director of Human Resources Faculty/Service: Human Resources This Policy can be obtained from the Human Resources website, Docushare or by contacting Human Resources. If you would like this Policy in larger print please contact Human Resources. Page 10 of 25 Appendices Appendix 1 – Flow Charts Shared Parental Leave process diagram Page 11 of 25 Flow Chart - Eligibility for Shared Parental Leave and Pay Each partner can use this flow chart to check if you are eligible for Shared Parental Leave and/or Pay. See section 4.1 of this policy for definitions of the tests. Each partner follows this flow chart to check their own entitlement. Does your partner meet the Employment and Earnings test? No You cannot access Shared Parental benefits No You cannot access Shared Parental benefits No You qualify for Shared Parental Leave but not Shared Parental Pay Yes Do you meet the Continuity of Employment test? Yes Have you earned at least the Lower Earnings Limit? Yes You qualify for Shared Parental Leave and Pay To access your benefits you must give the required notices. Your partner can also use this flow chart to see whether they can access Shared Parental benefits from their own employer. • • You can use any Shared Parental Leave or Pay for which you are personally eligible. You can share Leave and/or Pay with your partner if you are both eligible for them. Page 12 of 25 Appendix 2 – An example of how to calculate your Qualifying Week Qualifying Week is the 15th week before the week in which your baby is due. The definition of a week for the qualifying week is a period of 7 days that begins at midnight between Saturday and Sunday. To work out your qualifying week, use a calendar and find the Sunday at the start of your expected week of childbirth, then count back 15 Sundays (do not include the Sunday of your EWC). The 15th Sunday is the beginning of your qualifying week. Take for example that your baby is due on Wednesday 28th December 2016 The Sunday of your EWC would be Sunday 25th December. Count back 15 weeks from Sunday 18th December back to Sunday 11th September. The beginning of your qualifying week is Sunday 11th September. Calendar 2016 September Mo 5 Tu 6 We 7 October Th Fr Sa 1 2 3 8 9 10 Su 4 Mo 15 11 3 Tu 4 We 5 Th Fr 6 7 Sa 1 Su 2 8 9 11 12 13 14 15 16 17 18 14 10 11 12 13 14 15 16 10 19 20 21 22 23 24 25 13 17 18 19 20 21 22 23 9 26 27 28 29 30 24 25 26 27 28 29 30 8 31 November Mo Tu 1 We 2 Th 3 Fr 4 December Sa 5 Su 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Mo Tu We 7 6 5 4 Th Fr Sa Su 1 2 3 4 5 6 7 8 9 10 12 13 15 16 17 19 20 14 21 11 18 22 23 24 25 26 27 28 29 30 31 3 2 count back 15 Sundays 1 Sunday of your expected week of childbirth Baby’s due date Page 13 of 25 Appendix 3 – Forms to notify the University Guidance on completing the forms The forms on the following pages are for completion by University employees. (Your partner will need to co-sign our form even if they are not our employee). You only need to complete one of the forms. (If both partners are employed by the University, you must each submit the relevant form): ShPL1 - If you are the Mother ShPL2 - If you are the Primary Adopter ShPL3 - If you are the Child’s Father or the Partner of the Mother ShPL4 - If you are the Secondary Adopter The legal notice covered by these forms is made up of three elements: If you are the primary carer – Notice 1. ‘Maternity/Adoption Leave Curtailment Notice’ setting out when you propose to end your maternity/adoption leave (unless you have already returned to work) In order to create an entitlement to Shared Parental Leave, you must give eight weeks’ notice to end your entitlement to maternity or adoption leave early, which will then enable both eligible parents to take advantage of the shared parental leave regime. If this notice is given after the birth/adoption, it is binding. However, if it is given before the birth, the mother is able to revoke the notice up to six weeks after the birth – in case an unplanned situation arises. And, whether you are either the primary carer or the partner – Notice 2. ‘Notice of Entitlement and Intention’ giving an initial, non-binding indication of each period of Shared Parental Leave that you are requesting; You must assert your intention to take Shared Parental Leave, and give an indication of the dates (in blocks of full weeks). The first date that you wish to take must be at least eight weeks after the date you submit this notification, and after the date you stop your maternity leave; and Notice 3. ‘Period of Leave Notice’ setting out the start and end dates of each period of Shared Parental Leave that you are requesting. You must formally book one or more periods of Shared Parental Leave, stating the start and end dates of each period (in blocks of full weeks). Leave can be requested as one continuous block (automatically accepted), or in discontinuous blocks with periods at work in between (requires University approval). It must end no later than one year after the birth. You can book more than one block of leave at the same time, as long as you notify us of any period at least eight weeks before it is due to start. Once a period of leave has been agreed, if you wish to amend the period you must send the University written notice to vary the leave (see 7.5 of the policy). To do this, please submit a new Notice 3. The new notice must be given at least eight weeks before both the original date to be varied and the new date. You may: vary start and end dates; vary the amount of leave; or ask for a single period of leave to become discontinuous or vice versa. If you have already decided the pattern of Shared Parental Leave that you would like to take, you can provide more than one type of notice at the same time, for example, as a partner you could provide your ‘Notice of Entitlement and Intention’ and ‘Period of Leave Notice’ at the same time. These notice periods are the minimum required by law but the earlier you are able to inform us, the more time we will have to consider your request. This is particularly useful if you wish to take periods of discontinuous leave. For the purposes of confirming entitlement the University retains the right, within 14 days of Notice 2, to request evidence of a birth/adoption. Any information obtained for this purpose will be treated in strict confidence in line with Data Protection requirements and will be destroyed once any eligibility has been confirmed. Page 14 of 25 Shared Parental Leave/Pay Request Form ShPL1 To be completed where the MOTHER is our employee Your Personal Details (MOTHER) Name Job Title Faculty/Service Line Manager/Team Leader Expected week of birth Actual date of birth (if known) Expected or Actual Start Date of your Statutory Maternity Leave / Pay You must submit all three legal notices below. You can submit them all at the same time, or submit them separately, as long as you sign the form in each case and give us the correct notice. (To vary an agreed booking after you submit Notice 3, please submit a new Notice 3.) If you intend to submit them separately you should keep a copy of this form for your own reference. Notice 1. Maternity Leave Curtailment Notice (to end your Maternity Leave / Pay) No. of weeks maternity leave/pay you will take: Date you will stop your maternity leave/pay early: Total ‘pot’ (in weeks) of Shared Parental Leave remaining for both parents 1 weeks Total ‘pot’ (in weeks) of Shared Parental Pay 2 remaining for both parents 3 weeks Notice 2. Indication of the Shared Parental Leave / Pay Dates that YOU intend to take You are legally required to provide these dates, but they are not binding until you submit Notice 3. I intend to take Shared Date you intend to start your Yes / No Parental Leave: Shared Parental Leave: Total weeks YOU intend to take YOUR INDICATIVE Shared Parental Leave Dates (From – To) Total weeks your PARTNER intends to take Total Weeks YOUR INDICATIVE Shared Parental Pay Dates (From – To) Total Weeks Do not provide dates that your partner intends to take. The total weeks taken by you and your partner must not exceed the total ‘pot’ of weeks you indicated in Notice 1. Please note that if you intend to take more than one period of leave (‘discontinuous leave’) this will be subject to University consent when you submit Notice 3. 1 2 3 52 weeks minus the number of weeks taken (or due to be taken) by the date you intend to stop your maternity leave. If you are eligible to receive Shared Parental Pay, which has different criteria to the Leave; see Appendix 1 for eligibility. 39 weeks minus the number of weeks taken (or due to be taken) by the date you intend to stop your maternity pay. Notice 3. Binding Request to Book (or Vary) Shared Parental Leave that YOU will take EITHER I wish to formally book my leave / pay for the first time Yes / No OR I now wish to vary dates I have booked via a previous Notice 3: Yes / No FORMAL BOOKING REQUEST for YOUR Shared Parental Leave Dates (From – To) Total Weeks FORMAL BOOKING REQUEST for YOUR Shared Parental Pay2 Dates (From – To) Total Weeks Do not provide dates that your partner intends to take. The total weeks taken by you and your partner must not exceed the total ‘pot’ of weeks you indicated in Notice 1. Please note that if you request more than one period of leave (‘discontinuous leave’) this is subject to University consent. MOTHER’s Declaration I am an employee of the University of Sunderland and I declare that the information given is accurate. My partner (named below) and I will be sharing responsibility for the care of the child, and: To claim Shared Parental Leave: To claim Shared Parental Pay: • I have been continuously employed by the University for the last 26 weeks at the end of the th 15 week before the child’s expected due date and will still be working for the same employer at the start of each leave period. • I have had/will have had average weekly earnings, for the 8 weeks up to and including the 15th week before the expected due date, no less than the Lower Earnings Limit for National Insurance Contributions. Should my partner or I cease to be eligible we will both inform our respective employers. Your Signature: Date: Your Signature: Date: PARTNER’s Details (To be completed by the Child’s Father/Mother’s Partner) Name: Address: National Insurance Number: Employer Name & Contact Details: PARTNER’s Declaration (To be completed by the Child’s Father/Mother’s Partner) I am the Father of the child / Mother’s Partner and I declare that the information given is accurate, and: • At the time of birth I have/will have shared responsibility for the care of the child • In the 66 weeks leading up to the baby’s expected due date I have worked for at least 26 weeks and earned an average of at least £30 a week in any 13 weeks. • I consent to the amount of Shared Parental Leave (and pay if applicable) that my partner wishes to take and confirm that Notices 2 and 3 have been completed accurately. • I consent to the University of Sunderland processing the information about me on this form. Signature of the Partner: Date: Please keep a copy of this form for your own records as you may need to refer to it in the future. Shared Parental Leave/Pay Request Form ShPL2 To be completed where the PRIMARY ADOPTER is our employee Your Personal Details (PRIMARY ADOPTER) Name Job Title Faculty/Service Line Manager/Team Leader Expected week of placement Actual date of placement (if known) Expected or Actual Start Date of your Statutory Adoption Leave / Pay You must submit all three legal notices below. You can submit them all at the same time, or submit them separately, as long as you sign the form in each case and give us the correct notice. (To vary an agreed booking after you submit Notice 3, please submit a new Notice 3.) If you intend to submit them separately you should keep a copy of this form for your own reference. Notice 1. Adoption Leave Curtailment Notice (to end your Adoption Leave / Pay) No. of weeks adoption leave/pay you will take: Date you will stop your adoption leave/pay early: Total ‘pot’ (in weeks) of Shared Parental Leave remaining for both parents 4 weeks Total ‘pot’ (in weeks) of Shared Parental Pay 5 remaining for both parents 6 weeks Notice 2. Indication of the Shared Parental Leave / Pay Dates that YOU intend to take You are legally required to provide these dates, but they are not binding until you submit Notice 3. I intend to take Shared Date you intend to start your Yes / No Parental Leave: Shared Parental Leave: Total weeks YOU intend to take YOUR INDICATIVE Shared Parental Leave Dates (From – To) Total weeks your PARTNER intends to take Total Weeks YOUR INDICATIVE Shared Parental Pay Dates (From – To) Total Weeks Do not provide dates that your partner intends to take. The total weeks taken by you and your partner must not exceed the total ‘pot’ of weeks you indicated in Notice 1. Please note that if you intend to take more than one period of leave (‘discontinuous leave’) this will be subject to University consent when you submit Notice 3. 4 5 6 52 weeks minus the number of weeks taken (or due to be taken) by the date you intend to stop your adoption leave. If you are eligible to receive Shared Parental Pay, which has different criteria to the Leave; see Appendix 1 for eligibility. 39 weeks minus the number of weeks taken (or due to be taken) by the date you intend to stop your adoption pay. Notice 3. Binding Request to Book (or Vary) Shared Parental Leave that YOU will take EITHER I wish to formally book my leave / pay for the first time Yes / No OR I now wish to vary dates I have booked via a previous Notice 3: Yes / No FORMAL BOOKING REQUEST for YOUR Shared Parental Leave Dates (From – To) Total Weeks FORMAL BOOKING REQUEST for YOUR Shared Parental Pay2 Dates (From – To) Total Weeks Do not provide dates that your partner intends to take. The total weeks taken by you and your partner must not exceed the total ‘pot’ of weeks you indicated in Notice 1. Please note that if you request more than one period of leave (‘discontinuous leave’) this is subject to University consent. PRIMARY ADOPTER’s Declaration I am an employee of the University of Sunderland and I declare that the information given is accurate. My partner (named below) and I will be sharing responsibility for the care of the child, and: To claim Shared Parental Leave: To claim Shared Parental Pay: • I have been continuously employed by the University for the last 26 weeks at the end of the th 15 week before the placement date and will still be working for the same employer at the start of each leave period. • I have had/will have had average weekly earnings, for the 8 weeks up to and including the 15th week before the placement date, no less than the Lower Earnings Limit for National Insurance Contributions. Should my partner or I cease to be eligible we will both inform our respective employers. Your Signature: Date: Your Signature: Date: PARTNER’s Details (To be completed by the Secondary Adopter) Name: Address: National Insurance Number: Employer Name & Contact Details: PARTNER’s Declaration (To be completed by the Secondary Adopter) I am the Father of the child / Primary adopter’s Partner and I declare that the information given is accurate, and: • At the time of the child’s placement I have/will have shared responsibility for the care of the child • In the 66 weeks leading up to the placement date I have worked for at least 26 weeks and earned an average of at least £30 a week in any 13 weeks. • I consent to the amount of Shared Parental Leave (and pay if applicable) that my partner wishes to take and confirm that Notices 2 and 3 have been completed accurately. • I consent to the University of Sunderland processing the information about me on this form. Signature of the Partner: Date: Please keep a copy of this form for your own records as you may need to refer to it in the future. Shared Parental Leave/Pay Request Form ShPL3 To be completed where the FATHER or MOTHER’s PARTNER is our employee Your Personal Details (FATHER, or MOTHER’s PARTNER of either sex) Name Job Title Faculty/Service Line Manager/Team Leader Details of the MOTHER’s Maternity Leave / Pay Expected week of birth Actual date of birth (if known) Expected or Actual Start Date of Mother’s Statutory Maternity Leave / Pay No. of weeks maternity leave/pay the Mother will take: Date the Mother will stop her maternity leave/pay early: Total ‘pot’ (in weeks) of Shared Parental Leave remaining for both parents 7 weeks Total ‘pot’ (in weeks) of Shared Parental Pay 8 remaining for both parents 9 weeks You must submit both legal notices 2 and 3 below (Notice 1 only applies to your partner at their own employer). You can submit them at the same time, or submit them separately, as long as you sign the form in each case and give us the correct notice. (To vary an agreed booking after you submit Notice 3, please submit a new Notice 3.) If you intend to submit them separately you should keep a copy of this form for your own reference. Notice 2. Indication of the Shared Parental Leave / Pay Dates that YOU intend to take You are legally required to provide these dates, but they are not binding until you submit Notice 3. I intend to take Shared Date you intend to start your Yes / No Parental Leave: Shared Parental Leave: Total weeks YOU intend to take YOUR INDICATIVE Shared Parental Leave Dates (From – To) Total weeks the MOTHER intends to take Total Weeks YOUR INDICATIVE Shared Parental Pay Dates (From – To) Total Weeks Do not provide dates that the mother intends to take. The total weeks taken by you and the mother must not exceed the total ‘pot’ of weeks you indicated in Notice 1. Please note that if you intend to take more than one period of leave (‘discontinuous leave’) this will be subject to University consent when you submit Notice 3. 7 8 9 52 weeks minus the number of weeks taken (or due to be taken) by the date the mother stops her maternity leave. If you are eligible to receive Shared Parental Pay, which has different criteria to the Leave; see Appendix 1 for eligibility. 39 weeks minus the number of weeks taken (or due to be taken) by the date the mother stops her maternity pay. Notice 3. Binding Request to Book (or Vary) Shared Parental Leave that YOU will take EITHER I wish to formally book my leave / pay for the first time Yes / No OR I now wish to vary dates I have booked via a previous Notice 3: Yes / No FORMAL BOOKING REQUEST for YOUR Shared Parental Leave Dates (From – To) Total Weeks FORMAL BOOKING REQUEST for YOUR Shared Parental Pay2 Dates (From – To) Total Weeks Do not provide dates that the mother intends to take. The total weeks taken by you and the mother must not exceed the total ‘pot’ of weeks you indicated earlier in this form. Please note that if you request more than one period of leave (‘discontinuous leave’) this is subject to University consent. FATHER or MOTHER’s PARTNER’s Declaration I am an employee of the University of Sunderland and I declare that the information given is accurate. My partner (named below) and I will be sharing responsibility for the care of the child, and: To claim Shared Parental Leave: To claim Shared Parental Pay: • I have been continuously employed by the University for the last 26 weeks at the end of the th 15 week before the child’s expected due date and will still be working for the same employer at the start of each leave period. • I have had/will have had average weekly earnings, for the 8 weeks up to and including the 15th week before the expected due date, no less than the Lower Earnings Limit for National Insurance Contributions. Should my partner or I cease to be eligible we will both inform our respective employers. Your Signature: Date: Your Signature: Date: MOTHER’s Details (To be completed by the Child’s Mother) Name: Address: National Insurance Number: Employer Name & Contact Details: MOTHER’s Declaration (To be completed by the Child’s Mother) I am the Child’s Mother and I declare that the information given is accurate, and: • At the time of birth I have/will have shared responsibility for the care of the child • In the 66 weeks leading up to the baby’s expected due date I have worked for at least 26 weeks and earned an average of at least £30 a week in any 13 weeks. • I have ended or given notice to my employer to end my maternity leave entitlement (including my entitlement to maternity adoption pay or maternity allowance if applicable). • I consent to the amount of Shared Parental Leave (and pay if applicable) that my partner wishes to take. • I consent to the University of Sunderland processing the information about me on this form. Signature of the Mother: Date: Please keep a copy of this form for your own records as you may need to refer to it in the future. Shared Parental Leave/Pay Request Form ShPL4 To be completed where the SECONDARY ADOPTER is our employee Your Personal Details (SECONDARY ADOPTER) Name Job Title Faculty/Service Line Manager/Team Leader Details of the PRIMARY ADOPTER’s Adoption Leave / Pay Expected week of placement Actual date of placement (if known) Expected or Actual Start Date of Primary Adopter’s Adoption Leave / Pay No. of weeks Adoption leave/pay the Primary Adopter will take: Date the Primary Adopter will stop Adoption leave/pay early: Total ‘pot’ (in weeks) of Shared Parental Leave remaining for both parents 10 weeks Total ‘pot’ (in weeks) of Shared Parental Pay 11 remaining for both parents 12 weeks You must submit both legal notices 2 and 3 below (Notice 1 only applies to your partner at their own employer). You can submit them at the same time, or submit them separately, as long as you sign the form in each case and give us the correct notice. (To vary an agreed booking after you submit Notice 3, please submit a new Notice 3.) If you intend to submit them separately you should keep a copy of this form for your own reference. Notice 2. Indication of the Shared Parental Leave / Pay Dates that YOU intend to take You are legally required to provide these dates, but they are not binding until you submit Notice 3. I intend to take Shared Date you intend to start your Yes / No Parental Leave: Shared Parental Leave: Total weeks YOU intend to take YOUR INDICATIVE Shared Parental Leave Dates (From – To) Total weeks the PRIMARY ADOPTER intends to take Total Weeks YOUR INDICATIVE Shared Parental Pay Dates (From – To) Total Weeks Do not provide dates that your partner intends to take. The total weeks taken by you and the Primary Adopter must not exceed the total ‘pot’ of weeks you indicated in Notice 1. Please note that if you intend to take more than one period of leave (‘discontinuous leave’) this will be subject to University consent when you submit Notice 3. 10 11 12 52 weeks minus the number of weeks taken (or due to be taken) by the date the primary adopter stops adoption leave. If you are eligible to receive Shared Parental Pay, which has different criteria to the Leave; see Appendix 1 for eligibility. 39 weeks minus the number of weeks taken (or due to be taken) by the date the primary adopter stops adoption pay. Notice 3. Binding Request to Book (or Vary) Shared Parental Leave that YOU will take EITHER I wish to formally book my leave / pay for the first time Yes / No OR I now wish to vary dates I have booked via a previous Notice 3: Yes / No FORMAL BOOKING REQUEST for YOUR Shared Parental Leave Dates (From – To) Total Weeks FORMAL BOOKING REQUEST for YOUR Shared Parental Pay2 Dates (From – To) Total Weeks Do not provide dates that the Primary Adopter intends to take. The total weeks taken by you and the Primary Adopter must not exceed the total ‘pot’ of weeks you indicated earlier in this form. Please note that if you request more than one period of leave (‘discontinuous leave’) this is subject to University consent. SECONDARY ADOPTER’s Declaration I am an employee of the University of Sunderland and I declare that the information given is accurate. My partner (named below) and I will be sharing responsibility for the care of the child, and: To claim Shared Parental Leave: To claim Shared Parental Pay: • I have been continuously employed by the University for the last 26 weeks at the end of the th 15 week before the placement date and will still be working for the same employer at the start of each leave period. • I have had/will have had average weekly earnings, for the 8 weeks up to and including the 15th week before the placement date, no less than the Lower Earnings Limit for National Insurance Contributions. Should my partner or I cease to be eligible we will both inform our respective employers. Your Signature: Date: Your Signature: Date: PRIMARY ADOPTER’s Details (To be completed by the Primary Adopter) Name: Address: National Insurance Number: Employer Name & Contact Details: PRIMARY ADOPTER’s Declaration (To be completed by the Primary Adopter) I am the Primary Adopter and I declare that the information given is accurate, and: • At the time of placement I have/will have shared responsibility for the care of the child • In the 66 weeks leading up to the child’s placement date I have worked for at least 26 weeks and earned an average of at least £30 a week in any 13 weeks. • I have ended or given notice to my employer to end my adoption leave entitlement (including my entitlement to statutory adoption pay if applicable). • I consent to the amount of Shared Parental Leave (and pay if applicable) that my partner wishes to take. • I consent to the University of Sunderland processing the information about me on this form. Signature of the Primary Adopter: Date: Please keep a copy of this form for your own records as you may need to refer to it in the future. Appendix 4 – Pension Contributions During Shared Parental Pay Local Government Pension Scheme (LGPS - Tyne & Wear Pension Fund) Period Pensionable Employee’s Pension Employer’s Pension Service Contributions Contributions Full Pay Unaffected Based on actual earnings Based on full pay Half Pay Unaffected Based on actual earnings Based on full pay Statutory Shared Unaffected Based on actual earnings Based on full pay Parental Pay Nil Pay *Does not count *Nil *Nil towards service *For any additional unpaid leave you take, your membership will not count towards your pensionable service, however you can choose to pay back pension contributions to cover the unpaid period and make it count. You must inform Payroll if you intend to do this, within 30 days of returning to work (or within 30 days of leaving, if you do not return to work). The cost of paying back is based on the last rate of pay you received ignoring any increase in pay due to working a Keeping in Touch day. Teachers Pension Scheme (TPS) Period Pensionable Service Full Pay Unaffected Half Pay Unaffected Statutory Shared Unaffected Parental Pay Only Nil Pay Does not count towards service Employee’s Pension Contributions Based on actual earnings Based on actual earnings Based on actual earnings Employer’s Pension Contributions Based on full pay Based on full pay Based on full pay *Nil *Nil Universities Superannuation Scheme (USS) Period Pensionable Employee’s Pension Employer’s Pension Service Contributions Contributions Full Pay Unaffected **Based on Actual Earnings Based on full pay Half Pay Unaffected **Based on Actual Earnings Based on full pay Statutory Shared Unaffected **Based on Actual Earnings Based on full pay Parental Pay Only Nil Pay Does not count Nil *Nil towards service **The difference in contributions between your actual earnings and full pay will be paid by the University. National Employment Savings Trust (NEST) Period Pensionable Employee’s Pension Service Contributions Full Pay N/A Based on actual earnings Half Pay N/A Based on actual earnings Statutory Shared N/A Based on actual earnings Parental Pay Only Nil Pay N/A *Nil Employer’s Pension Contributions Based on full pay Based on full pay Based on full pay *Nil Appendix 5 – Template Letter – Invite to discuss Discontinuous Shared Parental Leave Request 15 May 2015 Private and Confidential Name Address Dear Request to take Discontinuous Periods of Shared Parental Leave Thank you for submitting your request to take discontinuous periods of Shared Parental Leave as outlined below: Shared Parental Leave Dates (From – To) Total Weeks Shared Parental Pay Dates (From – To) Total Weeks I would like to take the opportunity to discuss your request with you, to explore how your request might work in practice and discuss any implications that may arise out of your suggested pattern of Shared Parental Leave. I therefore invite you to attend a meeting on (Date) at (Time). This is nothing to worry about, but you do have the right, if you wish, to bring a colleague or trade union representative with you to the meeting. I’d be grateful if you could confirm that you can attend and let me know the name of any colleague or trade union representative you wish to accompany you. If possible I will try to agree your leave request. If, following our discussion, I find that there are reasons why your request can’t be agreed in its current form, we can discuss possible alternatives with a view to seeking a compromise arrangement that suits both of us. (If we still could not find a suitable compromise arrangement you could either withdraw your request or take the leave as one continuous period of leave. Please read the University’s Shared Parental Leave Policy and Procedure for further information.) If you have any questions about the meeting or any aspect of your Shared Parental Leave entitlement, please do not hesitate to contact me or Human Resources. Yours sincerely (Manager Name) Appendix 6 – Ordinary Parental Leave Procedure Ordinary Parental leave is an entitlement to unpaid leave for parents which is completely separate to Shared Parental Leave and Pay. This procedure applies to parents of children due to be born or adopted on or after 5 April 2015. Eligibility If you have, or expect to have, parental responsibility for a child you are able to request unpaid time off work to look after a child or make arrangements for your child's welfare. You must have worked for the University continuously for at least one year by the time you wish to take the leave. Amount of Ordinary Parental Leave You can take ordinary parental leave up until the child’s 18th birthday. Each eligible parent has a separate entitlement: • Each parent can take up to 18 weeks’ unpaid parental leave in total for each child born or adopted, but only a maximum of 4 weeks can be taken in any given year. • If you have twins or adopt more than one child at a time, both parents can take up to 18 weeks’ leave for each child. You must take your unpaid leave in blocks of one week or more (for example, in two-week or threeweek blocks), up to a maximum of four weeks in a year for each child. If your child is disabled you have the right to take the leave in days or periods shorter than a week. Pay and conditions during Ordinary Parental Leave You will not receive any pay or accrue pensionable service during Ordinary Parental Leave. LGPS members can choose to pay back pension contributions to cover the unpaid period and make it count towards their pensionable service. If you intend to do this you must inform Payroll within 30 days of returning to work (or within 30 days of leaving, if you do not return to work). The cost of paying back is based on the last rate of pay you received. All other terms and conditions continue unchanged. Notifying the University of Ordinary Parental Leave You must give the University at least 21 days’ notice of your proposed unpaid leave date (unless this is not reasonably practicable), including the dates when the leave is to start and finish. This notice should be in writing to your line manager. There may be exceptional circumstances where it is considered that your absence would unduly disrupt the business. In these circumstances, the University may request that your unpaid leave be postponed for a period no longer than six months. This would be discussed fully with you. However, Ordinary Parental Leave cannot be postponed if you wish to take this leave immediately after the birth of a child, or placement of a child for adoption. Right to return to work following Ordinary Parental Leave At the end of Ordinary Parental Leave, the employee will be entitled to return to the same job, provided that the leave was for a period of four weeks or less (and did not follow on immediately from a period of additional maternity, paternity or adoption leave). If the period of Ordinary Parental Leave was longer than four weeks (or followed on immediately from a period of additional maternity, paternity or adoption leave), then the employee will be entitled to return to the same job or, if that is not reasonably practicable, to a similar job of no less favourable terms and conditions.
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