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

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
back-to-top-scroll