header-logo header-logo

20 September 2018 / Nicola Tager
Issue: 7809 / Categories: Features , Family , Employment
printer mail-detail

Does shared parental leave need a rethink?

nlj_7809_tager

Nicola Tager writes on the legal & practical complexities of establishing parity in parental leave

  • Analyses difficulties with the shared parental leave system, and the knock-on effect on take-up rates.
  • Considers recent decisions regarding whether an employer that provides enhanced maternity pay but does not provide enhanced shared parental leave pay commits direct discrimination.

More than three years have elapsed since shared parental leave (SPL) was introduced in April 2015. The government intended to send a clear message that responsibility for providing care in a child’s first year could and should be shared between both parents. Parents can share up to 50 weeks of leave with up to 37 weeks of pay (subject to satisfying eligibility criteria), and can choose to take the leave in blocks in order to provide greater flexibility.

Surprisingly low take-up

Research suggests that the amount of caring that fathers do in the first year of their child’s life influences the distribution of responsibilities (including domestic tasks) further down the track. Many families reported a more enthusiastic, nuanced approach to childcare.

However, recent figures published

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll