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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:
Penistoe · 27/05/2021 18:07

Sorry this nonsense, 2 years to recover from the birth ? What on earth?

I had quite severe post natal depression and it absolutely took me at least two years to recover from birth. It’s a shame you have an attitude of it was easy for me so everyone should be the same.

Grellbunt · 27/05/2021 18:16

@Penistoe

Sorry this nonsense, 2 years to recover from the birth ? What on earth?

I had quite severe post natal depression and it absolutely took me at least two years to recover from birth. It’s a shame you have an attitude of it was easy for me so everyone should be the same.

Sometimes other women can be very unpleasant about such matters.

I hope you feel better, Penistoe. It's no joke.

SecondGentleman · 27/05/2021 18:28

@Nutrafin

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.

We unpicked that enshrinement when SPL was introduced. Hence the current situation. We aren't going to achieve anything further with "Hey men, you know that thing that you don't even want a month of? Have another 6 months of it!".
Nutrafin · 27/05/2021 19:31

We unpicked that enshrinement when SPL was introduced. Hence the current situation. We aren't going to achieve anything further with "Hey men, you know that thing that you don't even want a month of? Have another 6 months of it!"
Sorry but that's bullshit.

Countries with use-it-or-lose-it paternal leave have very good uptake.

Countries like the UK, with maternal leave + shared parental leave, not so much (because that system still supposes that mum = carer).

masha17 · 27/05/2021 20:59

Personally, SPL has worked for us with both our children. My husband took 3 months off at the same time as me when our first was 2 months old and with our 2nd he took 2 separate blocks of 1 month each when baby was a bit older. In both cases he's taken the unpaid weeks so there's been no loss of pay.
No one else I know has taken it as either the father hasn't wanted to or the mother hasn't wanted to give up her leave (but then has gone back pre 52 weeks anyway).
Compared to the US our leave is extremely generous. There's always greener grass.

Nutrafin · 27/05/2021 21:10

Compared to the US our leave is extremely generous. There's always greener grass
Well you'd hope so, given that the US has the least generous maternity/paternity leave of any rich or middle income country in the world.

I dont think being better than the absolute worst is a particularly great achievement.

Nutrafin · 27/05/2021 21:11

Source re. the above:

www.unicef-irc.org/family-friendly

SecondGentleman · 27/05/2021 21:18

@Nutrafin

We unpicked that enshrinement when SPL was introduced. Hence the current situation. We aren't going to achieve anything further with "Hey men, you know that thing that you don't even want a month of? Have another 6 months of it!" Sorry but that's bullshit.

Countries with use-it-or-lose-it paternal leave have very good uptake.

Countries like the UK, with maternal leave + shared parental leave, not so much (because that system still supposes that mum = carer).

They have very good uptake because they pay very highly (80% of salary in Sweden) so men don't have to degrade themselves with unpaid leave. That's just not going to be replicated here. We need solutions that work in the UK context, not fragments that we've stuck together from other systems that don't really work as a whole.
Nutrafin · 27/05/2021 21:37

Maternity leave in the UK is 90% of your weekly earning for the first 6 weeks. Either you match that for fathers (or set both at a lower but equal amount), or you're enshrining women's position as primary care givers.

SecondGentleman · 27/05/2021 21:52

@Nutrafin

Maternity leave in the UK is 90% of your weekly earning for the first 6 weeks. Either you match that for fathers (or set both at a lower but equal amount), or you're enshrining women's position as primary care givers.
No, you are enshrining the mother's position as the person who has just given birth and is therefore prohibited by law from working for the next two weeks (four weeks if she works in a factory). Add on a couple of weeks before the birth, as few women feel able to work right up until 40 weeks, and that's the 6 weeks of heightened pay gone. If the government makes it illegal for her to work, the government should compensate her accordingly. Fathers are not in the same situation.
Nutrafin · 27/05/2021 22:17

No, you are enshrining the mother's position as the person who has just given birth and is therefore prohibited by law from working for the next two weeks (four weeks if she works in a factory). Add on a couple of weeks before the birth, as few women feel able to work right up until 40 weeks, and that's the 6 weeks of heightened pay gone. If the government makes it illegal for her to work, the government should compensate her accordingly. Fathers are not in the same situation.
Well, again, the fact is that countries that have use-it-or-lose-it paternity leave, that is equal to or comparative with mat leave, have very high uptake (not just of the initial pat peave, but of shared parental leave thereafter, because it normalizes the idea of men as care givers). There is good evidence that men in those countries are better fathers.

It is also not a coincidence that those countries have some of the lowest gender pay gaps.

But if you don't think we can learn lessons from other countries, or want to flatly state that it wont work in the UK for some unexplained reason, by all means carry on.

mistermagpie · 27/05/2021 22:34

I think it's sad that so many women are saying 'I didn't want to give up my precious time with the baby'

What about the fathers time with the baby? What about the baby's time with it's dad? Why doesn't this matter?

Because these are the exact same men that women on here are moaning about constantly who do fuck all with their children, and one way to maybe ensure that this doesn't happen is to actually let them spend time with them from day one.

SecondGentleman · 27/05/2021 23:12

But if you don't think we can learn lessons from other countries, or want to flatly state that it wont work in the UK for some unexplained reason, by all means carry on.

Not an "unexplained reason" at all. Our government does not want to increase pay for parental leave. There's no significant public movement calling for full pay for an extended period of parental leave. The disparity between 18 months' full pay for parental leave and the rates of other state benefits would be ugly.

And I don't say this to be a naysayer, but because I really believe in the benefits of equal parenting, and to achieve that we need a carefully thought through and tailored approach. Not just a succession of impractical aspirations.

Nutrafin · 27/05/2021 23:26

The disparity between 18 months' full pay for parental leave and the rates of other state benefits would be ugly.
Looks like a strawman to me, where are you getting 18 months of full pay from? That would go far beyond any other country.

Iceland is at the generous end of the spectrum, and gives three months of mat leave, three months of pat leave and three months of shared parental leave (all at 80% of salary).

I dont think we necessarily need to match that as a first step, let alone more than double it.

Nutrafin · 27/05/2021 23:39

Oh I see, you're reading 'paid' leave in the OP as meaning 100% of salary. I doubt that is what is intended (but if it is, yes, that is likely very unrealistic).

But use-it-or-lose-it paternal leave has been a resounding success in other counties and could certainly be achieved to some extent in the UK.

claire371 · 27/05/2021 23:43

Entirely agree that all it's done is steal mothers maternity leave, that's why it's not working. The fathers paternity leave should be separate and extended. Women need the time, to heal, bond, feed their baby.

SecondGentleman · 27/05/2021 23:51

@Nutrafin

Oh I see, you're reading 'paid' leave in the OP as meaning 100% of salary. I doubt that is what is intended (but if it is, yes, that is likely very unrealistic).

But use-it-or-lose-it paternal leave has been a resounding success in other counties and could certainly be achieved to some extent in the UK.

No, I read Maternity Action's full proposal on their website.

"Lastly, the current, ludicrously low basic rate of statutory pay – just £152 per week, equivalent to less than half of a 35-hour week on the legal minimum wage – must be substantially increased. We suggest that, at the very least, it needs to double, to parity with the national minimum wage. But in the longer run it needs to go higher still, to parity with the real living wage and, eventually, to wage-replacement levels."

Nutrafin · 28/05/2021 00:04

Well, even they are foreseeing that as occurring far into the future. Aim for the stars and all that.

But the basic idea, I'd giving second parents use-it-or-lose-it leave, is a good one that has been a resounding success elsewhere. Without that, mothers will continue to make up the vast majority of primary careers, and there pay gap will prevail.

Thack · 28/05/2021 04:06

To get SPL you must end ML, so in the first 6 weeks you wounldn't get 90% pay, if i understand the process correctly. (less the 2/4 weeks mandatory & paternity leave)

Add in 8 weeks written notice of dates for both parties, to be agreed with both employers then it's plain awkward to begin with. My LO was 3 weeks early, I was still working, how can you use SPL in the early days??

I was lucky, my DH was off for the first six weeks (using hols). It was a blessing. I had problems so I needed that support for me and baby.

The UK is not great at this.

Sometimesfraught82 · 28/05/2021 05:54

I worked in finance, senior role, enjoyed my job.

I felt very lucky that I was entitled to a year’s maternity leave and no one batter an eye.

Whereas my husband clearly faced a clear Hmm and Confused when he wanted to take an extra week off in addition to his two weeks.

We get time to be with our baby AND return to work. Yes we may not always make the progress our male equivalents do but why? Because we’re leaving work early for child related stuff - and is it really so shite to be leaving work early for child related stuff? I know where I’d rather be!

Namechangedlady · 28/05/2021 07:36

I think this would be a much better idea! I refused SPL, why should I give up my maternity leave? I would have felt very resentful going back to work with dp staying at home to look after ds.

NoIDontWatchLoveIsland · 28/05/2021 09:02

DH and I were never going to use SPL as currently in place. Breastfeeding was important to me, and neither of us wanted me to sacrifice some of the year of maternity leave to enable him to be off.

Also he earns a very high salary and his employer offers no enhanced pay for either men or women, it would have been financially stupid for us to swap.

NoIDontWatchLoveIsland · 28/05/2021 09:04

I feel like a big part of SPL has been structured currently wasnt just about encouraging men to have some time off, but also about trying to push women back to work sooner, and that's really not the answer.

SecondGentleman · 28/05/2021 09:45

Well, even they are foreseeing that as occurring far into the future.

Which circles right back around to my initial point. Men do not want to take unpaid leave. Increasing the amount of unpaid leave they are allowed to take, when they aren't even taking their current allowance of it, is not a gamechanging policy.

Redwinestillfine · 28/05/2021 09:56

@NoIDontWatchLoveIsland

I feel like a big part of SPL has been structured currently wasnt just about encouraging men to have some time off, but also about trying to push women back to work sooner, and that's really not the answer.
This exactly
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