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Guest post: "Shared Parental Leave isn’t working. At all."

187 replies

JuliaMumsnet · 24/05/2021 12:24

Years after the introduction of paid parental leave, the uptake among fathers is very low. Ros Bragg, director of Maternity Action, argues that Shared Parental Leave is inherently flawed and outlines Maternity Action's suggestion of a 'use it or lose it' model that would support fathers and second parents to take leave and lead to more equal parenting.

"It’s been six years since the policy was introduced, and the most recent data shows that take-up amongst eligible fathers is only around 3-4%. That’s far short of the 25% that the government had hoped for by now, and pretty conclusive evidence that Shared Parental Leave (SPL) isn’t fit for purpose.

But significantly, it’s not failing due to any lack of demand on the part of parents: there is ample evidence that fathers would like more time off work after the birth of a child.

Our advice lines regularly take calls from exasperated parents who desperately want to try and use the scheme, but are held back by its sheer complexity.

These are parents like Amy and John. They contacted Maternity Action after their request to take shared leave and pay at the same time was turned down, even though it is allowed under the policy. John’s employer was adamant that to pay both parents would be fraud – and by the time the query was raised with HMRC, Amy was already on maternity leave and John had to take unpaid leave.
Instead of enjoying those first few weeks and months with the baby together, both Amy and John were hugely stressed about whether or not they were going to get paid, and the situation put a huge strain on John’s relationship with his employer.

This is typical of the problems with Shared Parental Leave – parents who do want to take it are faced with a system with inherent design flaws and complexity, and a ludicrously low rate of pay: just £152 per week, equivalent to less than half of the national minimum wage.

‘Mothers need time to recover from birth’

Even the name is faulty: shared parental leave is really ‘transferable maternity leave’, as the scheme created no additional parental leave entitlement for fathers, but simply ‘enabled’ mothers to give away all but two weeks of their leave.

This means that, if a mother (not unreasonably) wants to use most or all of her maternity leave entitlement, there is little or no SPL available to the father. And the designers of the scheme knew that the average length of statutory maternity leave taken by mothers is 39 weeks – that is, the full entitlement of paid leave. And 45% of new mothers take more than 39 weeks.

This is hardly surprising, as – contrary to the impression often given by ministers – the duration of paid leave available to new mothers in the UK is short by international standards. And new mothers are not just ‘caring for’ or ‘bonding with’ their baby. They are recovering from the often severe physical and mental impacts of pregnancy and birth. Plus, they may be breastfeeding.

‘Use it or lose it’

So what’s the solution? Well, the good news is that six years’ experience of SPL confirms the lessons we could and should have learnt from parental leave policies in other countries. In short, the most successful approaches – such as those in Sweden, Iceland, Norway and Finland – are based on individual, non-transferable (‘use it or lose it’) rights to leave for each parent, and on that leave being moderately well paid.

We at Maternity Action suggest that Shared Parental Leave is scrapped altogether, and replaced with new rights to six months of paid maternity leave reserved for the mother, and six months of paid parental leave for each parent.

This would give mothers a combined paid leave entitlement of up to 52 weeks – 13 weeks more than now. And it would give fathers and other second parents a total paid leave entitlement of up to 28 weeks – that is, 26 weeks more than now.

This would mean that there is no question of the mother ‘giving up’ her recovery time after childbirth, and would mean that both parents had a right to individual paid leave to bond and care for their child.

The ‘use-it-or-lose-it’ approach would incentivise fathers and second parents to take leave when previously they would not have considered it, because of financial or other constraints.

Achieving more equal parenting is a process that will take many years and will require, in addition to more equitable rights to better paid maternity and parental leave, robust governmental action to increase the supply of affordable childcare, and a major effort by political and business leaders to drive a change in parenting culture in the workplace.

But we need to make a start. And the time to do so is now.

You can support us by writing to your local MP - just click on this link, enter your postcode, and we do the rest.

You can follow Maternity Action on twitter @MaternityAction and Ros Bragg @rosbragg.

Guest post: "Shared Parental Leave isn’t working. At all."
OP posts:
User58162 · 26/05/2021 10:35

This all sounds brilliant and more leave overall for mothers and fathers is definitely a good thing.

But do you think this policy will perpetuate the inequalities between men and women instead of solving them? Why not push for a policy which gives men and women EQUAL paid time off (as many businesses are staring to do). How would this work when the women is the higher earner?

For the poster that was unwilling to give up time with her babies - how do you think your husband felt about this? Did you have a conversation with him about him "giving up" his ability to use SPL so you could use the full amount?

SPL is not perfect but actually it's a great policy in many ways - I fear a big part of the reason it hasn't been used is because many families have ingrained social stereotypes and expectations which ultimately are bad for both women and men.

AssassinatedBeauty · 26/05/2021 10:59

There is no ability or entitlement for men to claim shared parental leave, it entirely depends on the woman agreeing to give up a portion of her maternity leave to facilitate the shared parental leave. That's part of the issue that needs addressing. Parental leave for men/second parents should never be taken from the leave allocated to the mother, it should be a separate entitlement.

Ozanj · 26/05/2021 11:06

We were going to use it but I still had incontinence at the 6 month mark due to a complex forceps delivery (was declined a c-section). I guess shared leave only works in countries where everyone has a planned c-section, are fully recovered within 3 months, and don’t breastfeed beyond 3-6 months.

MeadowHay · 26/05/2021 11:52

We always wanted to use SPL but not been eligible. First time DH was a student so obviously fair enough he wasn't entitled to paid leave. This time we had planned to use SPL especially as my employer only offers anything above statutory pay if your return to work after only 6 months leave, and my DH's employer's SPL pay was much better than mine anyway, so that would have been the plan - 6 months me, 3-6 months him depending on affordability. Problem is his temporary contract ended up not getting extended so he had to move employers whilst I'm pregnant which now means he isn't entitled to SPL anymore. Which also means I'm going to have to just take statutory pay myself because on my pay and the poor level of limited enhancement my employer offers it wouldn't even be worth returning to work at 6 months with the childcare fees for two of them. We are gutted because financially we are going to massively lose out but also gutted that DH will again miss out on taking leave - and I feel this way too because I never really enjoyed mat leave anyway particularly and would have been happier to go back to work sooner than 9 months as I did last time, but it's not financially viable for us to do that without SPL. The system is rubbish.

BrilliantBetty · 26/05/2021 12:18

Thought about using it but honestly my body (and mind!) were not ready to return to work any sooner at all.

Especially second baby.

Baby is now 15 months, I am back at work for 4 months. And somehow it still feels too soon.

DH took 1 month off once baby was born, PL & AL. I needed the physical help (couldn't walk!) as much as anything.

ruthet · 26/05/2021 14:10

This sounds like a great solution for couples. Is there a way to ensure that for single parents the additional 6 months can be transferred to the sole parent so that single parent families don't miss out on this extension of parental leave?

SmokedDuck · 26/05/2021 16:41

I think there is a difference between saying, we would like men to feel they can take leave, and employers should support that, and saying, we want to do some social engineering here because for ideological reasons we think parents should share leave.

Because there are plenty of families where they would prefer the mother to have the whole of the leave, and they understand that may lead to differences in career prospects and pensions etc. So the question becomes, who gets to tell them that's not acceptable? The government?

It begins to overstep into the decisions and preferences and values of individuals and families.

It's also potentially a way for the state to sidestep questions around support for women who have made decisions around childcare that mean they don't have pensions built up to the same level as men, and from that perspective it could be considered an anti-woman approach.

AssassinatedBeauty · 26/05/2021 16:49

I don't understand your criticism of this proposal, @SmokedDuck. This proposal would mean more paid leave for mothers than is currently available. The proposal is 6 months paid maternity leave, plus another two sets of 6 months paid parental leave, one for each parent. So women would be eligible for a total of 52 weeks paid, and the second parent would be entitled to 28 weeks paid leave. That would be the statutory minimum and of course companies would be able to offer longer/more pay as they do now.

I don't understand the issue with pensions either.

SmokedDuck · 26/05/2021 20:57

@AssassinatedBeauty

I don't understand your criticism of this proposal, *@SmokedDuck. This proposal would mean more* paid leave for mothers than is currently available. The proposal is 6 months paid maternity leave, plus another two sets of 6 months paid parental leave, one for each parent. So women would be eligible for a total of 52 weeks paid, and the second parent would be entitled to 28 weeks paid leave. That would be the statutory minimum and of course companies would be able to offer longer/more pay as they do now.

I don't understand the issue with pensions either.

Sorry, pensions aren't related directly. I guess I was unclear, now that I read back - as far as it goes I don't think it's a bad approach. But I'm not sure that it would mean more men would end up taking leave, and I'm inclined to think it's worth being careful about why we want them to. It's really good IMO for them to be able to and not be discouraged from doing so. I like the idea that the dad could stay home at the beginning when the mum often might need more help, especially.

What I am not crazy about is that we should push father's taking leave because it redresses some sort of imbalance between men and women in the workforce (not accruing pensions at the same rate etc.) And maybe that is not what they are thinking at all, but it's so common a viewpoint that I tend to be suspicious of it being there. And it often ends up with policy moves in the direction of pushing people to make certain choices.

I've come to think that maternity approaches that don't account for mothers and fathers, in the aggregate, making different choices overall, won't really address underlying issues.

TolkiensFallow · 27/05/2021 07:26

@Ozanj
You’ve hit the nail on the head.

mistermagpie · 27/05/2021 11:02

I totally agree with this campaign. Me and my DH have taken shared parental leave three times in the last 6 years but we both work for the same public sector organisation, in the same department with the same HR and it was still really complicated to arrange. Our organisation is really supportive of it but the paperwork is complicated and mistakes were made with the pay and things like annual leave accruing, every single time.

Of all the couples I know with young children only one other man has taken advantage of the SPL scheme and he is also someone I work with. My other friends who's DHs work in the private sector or other places have all said that either their bosses/workplaces weren't supportive or the man didn't want to 'risk' (risk what? I wonder...) asking for the time off. People still don't seem to think it's a legal right. Other people have told me that they didn't do it because it's too complicated and I totally agree with this, even the third time we were doing it I still found it difficult to figure out.

Women need time off to recover from birth, obviously, but families need more than two weeks to bond and mothers need more than two weeks of full time support from their partners. Fathers need time to bond with a new baby as well. It's so important and it's simply not prioritised.

The time we spent as a family after each of our children were born was so special. And I really wish all families had the support to experience this.

Just to add, we are not high earners (I work part time) and yes there was a financial impact but it was worth it to us.

mistermagpie · 27/05/2021 11:05

@BlackKittyKat

We talked about it, but I just didn't want to lose that time with my babies. It's such a precious time. I was heartbroken both times at having to go back to work. I would have been so resentful of my partner being off while I was at work.
But what about your husbands precious time with their baby?

When we did SPL for each of our three children, we were always both off at the same time. It wasn't like I went back to work and then DH was off, it was time as a family.

mistermagpie · 27/05/2021 11:06

@AssassinatedBeauty

There is no ability or entitlement for men to claim shared parental leave, it entirely depends on the woman agreeing to give up a portion of her maternity leave to facilitate the shared parental leave. That's part of the issue that needs addressing. Parental leave for men/second parents should never be taken from the leave allocated to the mother, it should be a separate entitlement.
I 100% agree with this.
Ozanj · 27/05/2021 13:24

@SmokedDuck

I think there is a difference between saying, we would like men to feel they can take leave, and employers should support that, and saying, we want to do some social engineering here because for ideological reasons we think parents should share leave.

Because there are plenty of families where they would prefer the mother to have the whole of the leave, and they understand that may lead to differences in career prospects and pensions etc. So the question becomes, who gets to tell them that's not acceptable? The government?

It begins to overstep into the decisions and preferences and values of individuals and families.

It's also potentially a way for the state to sidestep questions around support for women who have made decisions around childcare that mean they don't have pensions built up to the same level as men, and from that perspective it could be considered an anti-woman approach.

My Husband’s a much higher earner and I would have preferred to share mat leave with him as we would have been paid much more. Unfortunately birth injuries made that impossible. They should give us a 2 year mat leave like in Scandinavia and let us dip in and out of it as needed.
Wowthisisreal · 27/05/2021 16:00

@AssassinatedBeauty hear hear!

BeingATwatItsABingThing · 27/05/2021 16:46

@AssassinatedBeauty

There is no ability or entitlement for men to claim shared parental leave, it entirely depends on the woman agreeing to give up a portion of her maternity leave to facilitate the shared parental leave. That's part of the issue that needs addressing. Parental leave for men/second parents should never be taken from the leave allocated to the mother, it should be a separate entitlement.
Definitely this! I was not willing to give up my time with my DD. The time I get off is so short anyway.
Sometimesfraught82 · 27/05/2021 17:07

Poor small employer

RedMarauder · 27/05/2021 17:15

@mistermagpie the "daddy track"

It means that you won't get promoted or moved side ways to interesting jobs as it is presumed that you will always be the one caring for your children.

AssassinatedBeauty · 27/05/2021 17:17

Presumably small employers would still be entitled to claim back nearly all, or all, statutory maternity/paternity pay from the govt as they do now.

SecondGentleman · 27/05/2021 17:18

Men already have a separate entitlement to leave. It's called unpaid parental leave, and each parent gets their own pot of 18 weeks to take per child (up to 4 weeks a year until the child is 18).

The government doesn't seem to gather data on how many men ever use their unpaid parental leave entitlement, but I'm going to take a wild guess and say it's not very many.

According to Maternity Action's figures, 55% of women take unpaid leave as part of their maternity leave. Men already have their own entitlement to the same thing (albeit they access their right to leave under a different "scheme" to maternity leave).

Why are no fathers prepared to take unpaid leave, when the majority of mothers are? If we want to normalise equal childrearing then that is a fundamental problem that needs to be unpicked.

Sometimesfraught82 · 27/05/2021 17:20

@AssassinatedBeauty

Presumably small employers would still be entitled to claim back nearly all, or all, statutory maternity/paternity pay from the govt as they do now.
A fair number employ both the male and the female (office romances!)

So yes financially they are covered for the basic

But the upheaval, esp if both work for them - huge

Nutrafin · 27/05/2021 17:26

Would it be possible at all to do a case study of the countries where this has been implemented successfully? I believe that in Sweden paternity wasn’t really socially accepted 20 years ago whereas it now is viewed as normal.

Iceland is the country with the most generous paternity leave.

A World Health Org study found that, of all countries, Icelandic fathers have the best relationship with their children.

Another consequence is that Iceland has the lowest gender pay gap in the world:

mistermagpie · 27/05/2021 17:28

[quote RedMarauder]@mistermagpie the "daddy track"

It means that you won't get promoted or moved side ways to interesting jobs as it is presumed that you will always be the one caring for your children.[/quote]
Yes, I know - I was being sarcastic really. It's a risk we women take every time we have a baby, but that's ok because we're women...

AssassinatedBeauty · 27/05/2021 17:34

@SecondGentleman there are a couple of reasons why men might not take unpaid leave - many still are the higher earners and missing a month's wage is not financially possible. Or both parents are on low wages, again making unpaid leave not possible. Then there are the other obvious issues of men still being expected to prioritise work over family, either by their employers, themselves, wider society.

Nutrafin · 27/05/2021 17:55

Why are no fathers prepared to take unpaid leave, when the majority of mothers are? If we want to normalise equal childrearing then that is a fundamental problem that needs to be unpicked

And we're not going to unpick that for as long as the law, by providing more generous maternal leave vs paternal leave, basically enshrines the idea that mother = primary care giver.