There is a possibility that an employer may offer more. How much shared parental leave and pay is MY employee entitled to? What is Shared Parental Pay? Since the introduction of shared parental leave, it has been questioned whether those taking that leave would be entitled to the same benefits as those taking maternity leave. The Employment Appeal Tribunal (EAT) has now ruled that it is not discriminatory for an employer to pay enhanced maternity pay but only statutory pay for shared parental pay. Similar rules apply for adoptive parents. Case facts. Mostly it’s unpaid unless the father works for one of the rare progressive companies that does offer enhanced pay for all parents. Shared parental leave and pay. However, they may not want to do this if they are entitled to contractually enhanced maternity or adoption pay but only statutory pay for shared parental leave (see pay … The Supreme Court has refused permission to appeal in the case of Chief Constable of Leicestershire Police v Hextall. In Hextall v Chief Constable of Leicestershire Police the Tribunal dismissed a direct discrimination claim concluding that maternity leave and pay were special treatment afforded to … Shared parental leave: enhanced pay is key to take-up. Shared parental leave allows new mothers to curtail their maternity leave to share up to 50 weeks' leave with their partner. The EAT held that a failure to pay a male employee enhanced shared parental pay in circumstances where it paid enhanced pay to women on maternity leave, was not direct sex discrimination. They can also halt their statutory maternity pay or maternity allowance and share any untaken pay with their partner. Under Capita’s applicable maternity policy, female employees taking maternity leave were entitled to 14 weeks' maternity leave at full pay. However, the EAT did say that after 26 weeks (or ordinary maternity leave) the main purpose of maternity leave may become child care in which case a claim for sex discrimination might succeed if an employer paid enhanced pay at that stage. Any repayment conditions must be agreed before the start of the leave and parents should be allowed to repay it in small installments. Shared Parental Leave and enhanced pay. Shared parental leave pay is £139.58 a week or 90% of an employee's average weekly earnings, whichever is lower. Consideration may need to be given in the following areas: • ensuring the minimum two-week compulsory maternity or adoption leave is taken. Since the introduction of shared parental leave in 2015 there has been a debate about whether employers who pay an enhanced rate of maternity pay – over and above the statutory minimum – should be required to treat shared parental leave in the same way. Shared Parental Leave (SPL) gives more choice in how 2 parents can care for their child. Enhancing shared parental pay by choice. This in turn will depend on salaries and how much organisations pay employees taking maternity leave and SPL. Not so! Mr Ali wanted to take Shared Parental Leave so that he could look after his daughter and argued that, because Capita paid full pay for the first 14 weeks of maternity leave, he should be entitled to the same enhanced rate of pay. More than half the organisations … Shared parental leave & enhanced contractual pay - a quick recap. Any repayment conditions must be agreed before the start of the leave and parents should be allowed to repay it in small instalments. The Court of Appeal has now very firmly stamped on that idea. A mother or primary adopter may choose to use shared parental leave because it is more flexible than maternity or adoption leave. Parents can share up to 50 of 52 weeks statutory maternity leave and 37 of 39 weeks statutory maternity pay, we'll explain shared parental leave and pay Qualifying staff are entitled to receive statutory shared parental pay (ShPP) at a set rate of £140.98 per week or 90 per cent of average weekly earnings (whichever is lower). If I pay enhanced maternity pay do I have to pay more Shared Parental Pay too? While this case may have resolved whether employers are legally obliged under discrimination law to enhance payments of shared parental pay, there are wider policy considerations which may encourage employers to do so voluntarily. 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