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Shared Parental Leave - bank holidays ?

8 replies

Select123 · 16/02/2015 17:00

Hi. I work for a small company and we do not have an HR dept.
An employee is due to become a father on the 20th April and so due to the new laws he is entitled to and is eligible to take Shared Parental Leave.
He has requested two weeks paternity leave followed by four weeks of Shared Parental Leave. The employee has enquired about bank holidays as there are likely to be 2 of these (in May) during his shared parental leave. His holiday entitlement is 24 days plus we also get the bank holidays paid in addition even though our contracts do not state this and we are never required to work on bank holidays.
Would the employee be entitled to have any bank holidays back as days in lieu, or even paid at normal rate? Or could we pay him his reduced rate (50% pay) for any bank holidays that fall during his Shared Parental Leave?

OP posts:
AgentProvocateur · 16/02/2015 17:05

I think he can only get shared parental leave once his partner is back at work? It's been over a year since I wrote the policy for my previous employer, but I'm sure that was the rule v

Ellypoo · 17/02/2015 13:20

Hi Select, I imagine it would work exactly the same as for a woman on maternity leave, so he would get effectively accrue the days while he was off.

Agent - that is the case for additional paternity leave, but this is shared parental leave and the rules are different. Both parents can be off at the same time, but the total cannot exceed 52 weeks, so if the father is taking 4 weeks, then the mother will have 48 weeks that she can take.

confusedandemployed · 17/02/2015 18:02

Elllypoo is right I'm sure. Went to an employment law update on SPL only last week.

AgentProvocateur · 17/02/2015 18:32

I knew There was something about one parent having to be at work, but the details were vague thanks for giving the OP the correct info.

SueDunome · 17/02/2015 21:39

One parent does not have to be a work. The mother can make a declaration at the outset that, for example, she is only going to take 26 weeks ML. The father can then take 2 weeks paternity leave followed by the remaining 26 weeks SPL. This means that both parents are at home for the first six months. However, the mother can change her mind during the first six weeks after the baby is born. If she does, her full maternity leave is reinstated to her, regardless of whether the father has also been home. He must return to work at this point, but the employer then has the right to delay his return! Nothing complicated here then Confused Confused

drspouse · 19/02/2015 20:36

DH is taking Additional Paternity Leave once my adoption leave ends and it will include the Easter holiday. He gets to add the two days on at the end. Is this similar.

confusedandemployed · 19/02/2015 20:47

drspouse presumably your placement was a while ago now so you are on adoption leave, not SPL. Your DP will get to add on the 2 days to his APL because he continues to accrue annual and public holidays whilst on leave.

drspouse · 19/02/2015 21:08

Yes that's right, we don't qualify for shared parental leave. I was just assuming that in both cases leave is accrued in the same way.

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