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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:
Choconuttolata · 30/05/2021 12:21

This would have helped us massively as DH had to take unpaid leave and claim employment support after my last birth as I couldn't physically walk for even 10 minutes for 4 months, I had three children under 4, one of them premature newborn and PTSD.

RosBraggMaternityAction · 01/06/2021 15:07

Hi everyone, thanks for all your posts on this so far.

It looks like a really interesting debate, and clearly an issue that many people have an opinion on.

I'll try to answer some of the points raised about SPL and our proposed new model of parental leave - apologies if I don't manage to address them all.

RosBraggMaternityAction · 01/06/2021 15:14

@SnackSizeRaisin

We tried to use shared parental leave but my husband's employer was very awkward about it. Wanted to know what it was for and said the reason (looking after our baby while I worked abroad) wasn't good enough, also said that he couldn't take it when he wanted but had to wait 2 months due to the needs of the business. To be honest it was more hassle than it was worth.
This is very common. It is complex and difficult for employers - especially small employers - to administer, and they often just refuse to do so. And even now, 6 years on, many employers simply don't understand SPL and the leave parents are entitled to.

It's very frustrating, particularly as many parents actively WANT to share the caring, but are put off by the current policy.

RosBraggMaternityAction · 01/06/2021 15:19

@CrumpetsForAll

Can we also pick up on employers offering enhanced maternity pay but only statutory parental pay? I work for the same employer as my husband on almost the same pay but if we both take leave we’ll be severely out of pocket as only the maternity pay is enhanced.
Hi @CrumpetsForAll

This is actually a tricky one, as the Government cannot force employers to provide enhanced maternity or parental pay. There have been a number of unsuccessful legal challenges to employers who provided enhanced maternity pay but not enhanced shared parental leave pay, and if those had gone the other way there is a danger that employers would have responded by dropping enhanced maternity pay, rather than levelling up. Indeed, I understand (from Jo Swinson, the then minister who steered the legislation through Parliament) that this was why they decided not to include any requirement on employers to level up in the legislation.

So, should our model be adopted, I would hope it would help persuade employers to choose to provide enhanced parental pay. But they could not be forced to do so.

Separately, we're also calling for a substantial increase in the rate of statutory pay (for both maternity and parental leave), as financial considerations are often the main barrier to taking shared leave at the moment.

RosBraggMaternityAction · 01/06/2021 15:20

@KarmaKarmaKarmaChameleon

I agree. The shared parental leave scheme is a gimmick - it’s robbing Peter to pay Paul. My husband and I considered it but we discounted it as a) we both wanted our son to be breastfed as long as possible and b) I really did need the maximum amount of time available to recover from pregnancy, a difficult birth and the initial few months.
@KarmaKarmaKarmaChameleon

Exactly, and thanks for supporting our proposals. We want to encourage more fathers and partners to take leave, but we also must ringfence a woman's right to paid leave to recover from pregnancy and birth.

RosBraggMaternityAction · 01/06/2021 15:23

@RedMarauder

I took SPL and in my case it made financial sense as even though I'm the higher earner I only got statutory maternity pay, there as my DP got his full pay for 4 months. (Unlike a PP my DP loved his time with our child.)

Even if the government does give partners their own specific parental leave many won't take it due to the fact it doesn't make economic sense for the family.

Also there are partners who are excluded completely from even taking the 2 weeks paternity leave as they are self-employed.

The government comes out with ideas and policies for children aged 0-5 but doesn't properly fund them which means they are useless for the majority of families.

@RedMarauder

No doubt true, but the Government can't force fathers to take parental leave, it can only provide a framework of rights and then encourage them to do so. Clearly, the higher pay in our model would help, but it will still be far too low for many.

RosBraggMaternityAction · 01/06/2021 15:27

@KleineDracheKokosnuss

Is there really a big demand for it from men? We actually did use the scheme and DH pretty much begged to return to work.
@KleineDracheKokosnuss

Yes, there is plenty of research showing that fathers (and their families) would like fathers to be able to take more leave.

RosBraggMaternityAction · 01/06/2021 15:30

@HopeValley

There needs to be some support, any support, for self-employed fathers.
@HopeValley

Totally agree, and our proposed model of maternity and parental leave would cover self-employed fathers.

RosBraggMaternityAction · 01/06/2021 15:32

@ruthet

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?
@ruthet

We are proposing that both parents would have an individual entitlement to leave, and they would have this entitlement even if they are not living together. We know of separated couples where the father took a period of leave to care for the baby and this helped him to feel closer to his child. We also know that this won't work for everyone. As the leave is an individual right, it can't be transferred to anyone else.

RosBraggMaternityAction · 01/06/2021 15:37

@Nutrafin

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

Couldn't have put it better!

RosBraggMaternityAction · 01/06/2021 15:43

@Cookiesrus

Yeah it’s about time the government sorted this out.

What’s shocking is the complete lack of knowledge on how this policy works by so many HR teams. We had a terrible time trying to sort this out and my company were adamant that my husband and I shouldn’t be off at the same time.

We sorted it eventually after having to go through the policy ourselves and present a very detailed case to our HR departments. Total nightmare - no wonder the uptake is so low.

@Cookiesrus

Yes, the 'not allowed to be off at the same time' is a common misconception (which, after 6 years of SPL, seems ridiculous)

I'm glad you were able to sort it out in the end - but as you say, this kind of experience certainly doesn't encourage people to take it!

2boysDad · 01/06/2021 15:58

No offence but....This is a very weak response.

"The Government cannot force employers to provide enhanced maternity or parental pay"

Well they can, because they are the government. They can change the law - that's what governments do... Isn't this what you're actually asking the government to do? Just ask them to change it a bit more.

And on a more fundamental note:

"there is a danger that employers would have responded by dropping enhanced maternity pay, rather than levelling up"

Yup. In the same way that when white employees were paid more than black employees or men were paid more than women that there was a danger that white/male employees might see their pay suffer.

Tough. This is what equality means. If someone gets more then someone else then for them to be equal they have to meet in the middle.

I've taken a lot of time to read through these proposals but they're totally wet. Dripping wet. Ineffectual. No family is going to make use of these proposals because who can afford to take a massive pay cut just at the point a new baby arrives? Only those who were very well paid in the first place.

Implement these proposals and see the number of men taking paternity leave increase from 2% to 2.1%....

Pointless.

Do shared parental leave properly or don't bother.

StrawberryCreamCake · 01/06/2021 16:04

Yes, I agree, the two main problems are the low rate of pay and mothers’ having to give up their leave, which we really need to recover from birth, to breastfeed and also because it’s difficult to focus on your job when you’ve had as such poor broken sleep for months.

And the amount of statutory pay is just a joke. Many people can’t afford to suddenly lose most of their income and still pay their rent or mortgage.

2boysDad · 01/06/2021 16:16

A second rant...

Since your proposal is an attempt to get more men to take parental leave, why have you decided to post this on mumsnet? Yes there are some blokes who look at mumsnet (I'm one, but I mostly like to read the amusing wedding threads) but your audience is going to be 99% female.

Isn't this rather missing the point?

As a constructive suggestion, why not try posting on the "Jobs and Employment Matters" board on Pistonheads. The proportion of men to women on those boards is a mirror-image of here.

It's actually a very friendly site and you might get some really good feedback about what men think and whether your proposals might be good for them?

User58162 · 01/06/2021 16:22

@StrawberryCreamCake

Yes, I agree, the two main problems are the low rate of pay and mothers’ having to give up their leave, which we really need to recover from birth, to breastfeed and also because it’s difficult to focus on your job when you’ve had as such poor broken sleep for months.

And the amount of statutory pay is just a joke. Many people can’t afford to suddenly lose most of their income and still pay their rent or mortgage.

There is a real disconnect between posters saying "no one can afford to go on leave and lose a salary" and "woman can't be on leave for less than 52 weeks".

There are lots of companies who do enhanced mat leave - but also lots who only do statutory ie. 6 weeks at 90%. And there clearly aren't lots of women going back to work at 6 weeks. Even the best enhanced schemes don't give you full pay after 5 or 6 months and most posters here seem to think this is far too early to go back too. So we can deduce that most people DO in fact go down to one salary at least for a while during maternity leave.

As I understand it, the pay gap only happens after women have children so for people getting pregnant right now it's just as likely for the woman to be the higher earner than the man.

On this very thread there are posters saying they didn't use SPL because the woman was the higher earner and couldn't afford it and that they didn't use it because the man was the higher earner so they couldn't afford it.

My point being that maybe the low uptake is actually not to do with the policy and far more to do with social attitudes. So whatever policy is in place the uptake is likely to be low until social attitudes are changed.

And I believe a key attitude that needs to be changed is that women are automatically the main care giver in all families. Mothers and Fathers are equal parents. Of course individual families can do what they want to suit their own circumstances; but surely the start should be to treat both parents equally.

EBearhug · 01/06/2021 16:36

My point being that maybe the low uptake is actually not to do with the policy and far more to do with social attitudes.

That may be true, but I think until the financial balance is removed, we can't know, because for many parents, the decision is purely economic as things currently are, and men who think the mother should be the main carer and hide behind that.

User58162 · 01/06/2021 16:46

@EBearhug

My point being that maybe the low uptake is actually not to do with the policy and far more to do with social attitudes.

That may be true, but I think until the financial balance is removed, we can't know, because for many parents, the decision is purely economic as things currently are, and men who think the mother should be the main carer and hide behind that.

By financial balance do you mean that women earn less than men? Because, as far as I know, at the point they get pregnant (with their first child), they don't.

In fact a few years ago women under 25 on average earned more than men under 25. As you say, I think the economic side if often something people hide behind...

I like SPL because it treated men and women equally and let families choose for themselves - but maybe the world wasn't ready!

I guess this policy looks to make it really really easy for men which is a good thing.

RowanMumsnet · 01/06/2021 17:10

@2boysDad

A second rant...

Since your proposal is an attempt to get more men to take parental leave, why have you decided to post this on mumsnet? Yes there are some blokes who look at mumsnet (I'm one, but I mostly like to read the amusing wedding threads) but your audience is going to be 99% female.

Isn't this rather missing the point?

As a constructive suggestion, why not try posting on the "Jobs and Employment Matters" board on Pistonheads. The proportion of men to women on those boards is a mirror-image of here.

It's actually a very friendly site and you might get some really good feedback about what men think and whether your proposals might be good for them?

Hello @2boysDad - hope your day at work improves/improved (and if not I hope it's home time soon at any rate)

We asked Maternity Action to write this post for us - so you can take that one up with us at MNHQ. (For what it's worth the huge response rather suggests that our users are very interested which seems like a good justification to us.)

2boysDad · 01/06/2021 17:18

Still a bad day but at least it's a short week ;)

Thanks for the response, yes it was aimed at Maternity Action.

Hopefully, they will act on it, they'll get a better and more balanced range of responses. Not that there's anything wrong with the responses here but it would be good for them to hear what men think about these proposals too.

Sometimesfraught82 · 01/06/2021 17:20

@2boysDad

Still a bad day but at least it's a short week ;)

Thanks for the response, yes it was aimed at Maternity Action.

Hopefully, they will act on it, they'll get a better and more balanced range of responses. Not that there's anything wrong with the responses here but it would be good for them to hear what men think about these proposals too.

I’d be also interested to know your view on it?
2boysDad · 01/06/2021 17:28

Not very complimentary I'm sorry to say.

(look up the thread above as I made a detailed, slighty ranty post. it's just underneath the "orange" responses from MaternityAction).

Sometimesfraught82 · 01/06/2021 17:44

@2boysDad

Do shared parental leave properly or don't bother.

I understand from your point that this would mean government making it law that employers would offer enhanced maternity / paternity pay?

How would that work? A small family run employer stacked up against a large conglomerate for instance

2boysDad · 01/06/2021 17:54

Not necessarily although that's an option (and if the government covered the first few months it would help to create a level playing field between a cornershop and a FTSE100 company).

My point is that if maternity/paternity pay (let's just call it parental pay) isn't equal then there's no point bothering. So we could have a system where:

  1. The mother gets a period of time for her body to recover and then.
  2. The mother and father then get identical access to parental pay - let's say for 6 months.

The parental pay should be identical for men/women, it would be illegal for employers to offer different terms.

Do that and you will get a lot more men taking it.

Anything else... pointless.

Yes, this is only my opinion but it's based on my real life experiences and those of other men that have been in the same boat.

User58162 · 01/06/2021 18:05

I agree with you @2boysDad

How would that work? A small family run employer stacked up against a large conglomerate for instance

This is not a good argument and could have been used when maternity leave became enforced in law.

All employers have to legally provide maternity pay, sick pay, pension contributions etc - if you can’t afford to do this you can’t afford to run a business. And this would make it more likely for small businesses not to discriminate against women if it was equally likely for men and women to go off after the birth of children.

Sometimesfraught82 · 01/06/2021 18:10

Do employers offer different parental leave remuneration for mothers and fathers?

Ie if a mother took 3 months
And a father took 3 months

And both worked for same employer
The employer could give a better package to the mother than father?

Or are you talking about different employers?

Because different employers provide different benefits ie one could provide a phenomenal pension package whereas another could just provide statutory minimum.