Eligible employees may be entitled to take up to 39 weeks ShPP while taking Shared Parental Leave (less any weeks of SMP, MA or SAP claimed by the employee or their partner).
ShPP may be payable during some or all of Shared Parental Leave, depending on the length and timing of the leave.
In addition to meeting the eligibility requirements for Shared Parental Leave, an employee seeking to claim ShPP must further satisfy each of the following criteria:
- where the employee is the mother/adopter, they must be/have been entitled to SMP/SAP or MA and must have reduced their maternity/adoption pay period or maternity allowance period;
- the employee must at the date of the child’s birth/ placement for adoption have the main responsibility, apart from the partner, for the care of the child;
- the employee must be absent from work and intend to care for the child during each week in which ShPP is received;
- the employee must have normal weekly earnings for the period of eight weeks ending with the 15th week before the EWC (or at the end of the week in which the adopter is notified of having been matched for adoption with the child) which are not less than the lower earnings limit for national insurance contributions;
- the employee must have at least 26 weeks continuous employment as at the end of the Qualifying Week and remain in employment until the last week before taking Shared Parental leave;
- the employee must give proper notification in accordance with the rules set out above.
In addition, in order for the employee to be eligible, their partner must:
- at the date of the child’s birth/ placement for adoption have the main responsibility, apart from the partner, for the care of the child;
- have been employed or been a self-employed earner for at least 26 of the 66 weeks leading up to the EWC (or at the end of the week in which the adopter is notified of having been matched for adoption with the child);
- Have average weekly earnings of at least the maternity allowance threshold in the 13 highest earning weeks in the 66 weeks leading up to the EWC(or at the end of the week in which the adopter is notified of having been matched for adoption with the child);
- where the employee is the mother/adopter, they must be/have been entitled to SMP/SAP or MA and must have reduced their maternity/adoption pay period or maternity allowance period.
Where an employee is entitled to receive ShPP they must, at least eight weeks before receiving any ShPP, give the University written notice advising whether they intend to claim ShPP (and if so for what period). To avoid duplication, if possible, this should be included as part of the notice of entitlement to take Shared Parental Leave.
In addition to what must be included in the notice of entitlement to take Shared Parental Leave, any notice that advises of an entitlement for ShPP must include:
- the total number of weeks for which the employee would be entitled to ShPP (disregarding any intention there may be for their partner to claim ShPP);
- the total number of weeks in which the employee and their partner each intend to claim ShPP, and a non-binding indication of when the employee expects to claim ShPP;
- a signed declaration from the employee confirming:
- that the information they have given is correct;
- that they meet, or will meet, the criteria for ShPP;
- (where the employee is the mother) that they will immediately inform the organisation should they cease to be eligible or (where the employee is the partner) that they will immediately inform the employee if the mother ceases to be entitled;
- (where the employee is the mother) the date on which the maternity pay period or maternity allowance period began and the number of weeks by which it will be reduced.
It must be accompanied by a signed declaration from the employee’s partner confirming:
- their agreement to the employee claiming ShPP
- they met/will meet the criteria for their partner to be entitled to ShPP
- they consent to the University processing the information they have provided;
- their name, address and NI number
- (in the case whether the partner is the mother/ adopter) the date on which her maternity pay period or maternity allowance period began and the number of week by which it will be reduced;
- (in the case whether the partner is the mother/ adopter) that they will immediately inform their partner should they cease to satisfy the eligibility conditions.
Any ShPP due will be paid at a rate set by the Government for the relevant tax year.
All of the above information is captured in the CHRIS75a and CHRIS75b forms.