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20 September 2018 / Nicola Tager
Issue: 7809 / Categories: Features , Family , Employment
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Does shared parental leave need a rethink?

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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

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