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Employer not sharing SPL policy

3 replies

avocadotoast · 14/04/2015 22:54

I don't know if anyone can help with this, but basically:

My baby is due in May. DH and I are wanting to use Shared Parental Leave in a few months. Our current plan is for me to stay on maternity leave until end of October, then DH will take SPL until the new year.

So far, so straightforward.

The difficulty is that DH's employer are yet to publish their policy/procedure for SPL. All they keep doing is providing links to Acas or the gov.uk website, which isn't all that helpful when we can find that information ourselves.

We know where we stand as a basic legal minimum, so we know how we will be financially in a kind of worst-case scenario. It just strikes me as all wrong that they are yet to announce their SPL policy when it's been something that people can take up for over a week now.

Is there any action that DH can take in relation to this? We need to know where we are with this and it's so frustrating. I think one of his colleagues has put a complaint in but I'm not sure if there's anything else that can be done.

OP posts:
Ellypoo · 14/04/2015 23:56

It's still such new legislation surely you can cut them a bit of slack - our employment lawyers have only just delivered their seminar to us enabling us to write our policy etc!
So as you have probably already gathered, legally as long as you and your DP give 8 weeks notice of your choice to curtail your stat mat leave & opt for ShPL at the same time, along with the dates & periods (in full weeks) (or first block at least) that each of you wishes to take, you will do what is legally required, it will probably then push his employer to prepare their policy. The only thing that they will actually get any say over is if they offer enhanced mat pay, if they are also going to role it out to fathers under ShPL too.
You must take 2 weeks compulsory mat leave, the other 50 wks can be shared, in up to 3 blocks of full weeks each.

Ellypoo · 15/04/2015 00:02

Sorry, just seen the financial bit.

Ok, so worst case is that both you and DP get stat pay, which will still be first 6 weeks at 90% and the remaining 33 weeks at smp. Shared parental pay will be the same rate as smp, so financially it will boil down to any enhancements for either of you, and the difference between your standard salaries.
You can also take ShPL at the same time if you wish, and your DP can still take his 2 weeks stat pat leave as well as shared parental leave.

flowery · 15/04/2015 08:05

Not all employers will have a policy for everything anyway! It's not a legal requirement to do so.

If you've already found out your legal entitlements and what you need to do, not having a specific policy is a minor inconvenience surely? If their policy isn't ready it isn't ready- complaining won't change that.

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