Parental Leave

S& G Work Solutions has been looking at parental leave policies and how they may affect your business. Parental policies offer several types of leave for parents who need to take time off work to care for their children. These include maternity leave, paternity leave, adoption leave, and shared parental leave. Below are the key types of parental leave and the regulations around them: 

1. Maternity Leave 

  • Length: Statutory maternity leave is 52 weeks in total. 

  • Ordinary maternity leave: 26 weeks (first 6 months) 

  • Additional maternity leave: Another 26 weeks (second 6 months, can be taken after ordinary maternity leave) 

  • Pay: 

  • Statutory Maternity Pay (SMP): Up to 39 weeks of pay: 

  • 90% of average weekly earnings (AWE) for the first 6 weeks. 

  • £172.48 per week (or 90% of AWE, whichever is lower) for the next 33 weeks. 

  • No pay for the remaining 13 weeks (if you take the full 52 weeks off). 

  • You must take at least 2 weeks of maternity leave after your baby is born (or 4 weeks if you're working in a factory). 

2. Paternity Leave 

  • Length: Fathers or partners (including same-sex partners) are entitled to 1 or 2 weeks of paternity leave. 

  • Pay: Statutory Paternity Pay (SPP) is £172.48 per week or 90% of average weekly earnings (whichever is lower), for up to 2 weeks. 

  • You must take the leave within 56 days of the child’s birth (or placement if adopting). 

3. Shared Parental Leave (SPL) 

  • Eligibility: This allows parents to share up to 50 weeks of leave and up to 37 weeks of pay. To be eligible, both parents must meet certain criteria, including earning a minimum amount during the "relevant period." 

  • Length and Pay: 

  • Leave can be split between the two parents as they wish, with the overall entitlement to 50 weeks of leave and 37 weeks of pay. 

  • Pay is the same as statutory maternity pay, i.e., 90% of earnings for the first 6 weeks, and £172.48 or 90% of earnings for the next 33 weeks. 

4. Parental Leave 

  • Length: This is separate from the statutory maternity or paternity leave. Parents can take up to 18 weeks of unpaid parental leave per child. 

  • Eligibility: Parents must have been employed for at least one year. The leave is available for children under 18 years old. 

  • Conditions: You can take up to 4 weeks of parental leave per year for each child. It’s typically unpaid, unless the employer provides paid leave as part of their policy. 

5. Adoption Leave 

  • Length: Adoptive parents are entitled to 52 weeks of adoption leave, similar to maternity leave. 

  • Pay: Statutory Adoption Pay (SAP) mirrors the system for maternity pay — 90% of earnings for the first 6 weeks, then £172.48 per week for up to 33 weeks. 

6. Parental Leave for Special Circumstances (e.g., emergency leave) 

  • In addition to the statutory entitlements, some employers offer paid or unpaid leave for emergencies, such as a child’s illness or other urgent matters related to caring for dependents. 

How to Apply: 

  • Generally, you must inform your employer about your intention to take leave at least 15 weeks before the baby’s due date for maternity leave or paternity leave, and at least 8 weeks for shared parental leave. The specific rules may vary depending on your employer’s policies. 

Special Considerations: 

  • Self-Employed Parents: If you're self-employed, you may not be eligible for statutory maternity or paternity pay, but you may qualify for other benefits like Maternity Allowance. 

  • Employer’s Policy: Some employers offer enhanced pay or benefits beyond the statutory requirements, so it's worth checking your contract or company policy for additional perks. 

Let us know if you need further clarification on any of these options! At S&G Work Solutions we are here to help you and your employee to understand this new bill better. 

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Maternity Protection Bill 2024