As the state pension age has crept up so has the number of grandparents of working age. This has made it harder for them to help out with grandchildren while their children work. The government now proposes to address this issue by extending the right to shared parental leave (SPL) and pay to working grandparents.
At present, mothers may end their maternity leave early and share the balance of leave remaining with a partner, usually the child's father or their spouse/partner. Other relatives are not currently permitted to share SPL.
From 2018 it is proposed that mothers will be able to share parental leave with one working grandparent. Consultation will begin in May 2016 on how this proposal can be put into practice.
Concerns have been raised that the extension of SPL to working grandparents will still further increase the labyrinthine complexity of the current system. The consultation will therefore also consider how eligibility and notification requirements can be simplified. This is likely to be a key factor in rates of uptake.
Some organisations are already convinced of the benefits of permitting those outside the usual permitted categories to share parental leave. Santander has announced plans to extend its SPL scheme to permit grandparents to take SPL and to benefit from full pay for up to 16 weeks of the leave period. However, other commentators are concerned that extending the right to SPL and pay to grandparents will lose sight of the original aim of SPL which was to encourage a more equal sharing of parental responsibility between parents, with 90% of parents who do not work for childcare reasons remaining women.
The proposed new right will sit alongside the existing right for working grandparents with 26 weeks service to request to work flexibly, which can be used to allow them to assist with childcare.
Pending further detail, employers can do little now to prepare, but we would recommend the following:
- Reviewing current SPL procedures and uptake;
- Considering how many staff may be eligible for grandparental leave;
- Ensuring existing notification requirements are understood and properly implemented; and
- Carefully considering current practice on SPL pay - offering enhanced maternity pay but only basic SPL pay may be indirectly discriminatory on the grounds of sex. Similarly, restricting SPL pay for grandparents where maternity pay is enhanced may be indirectly discriminatory on the grounds of age. Giving this careful thought in advance may permit it to be properly justified. Early advice should be sought if enhanced maternity pay is not to be matched for SPL pay.
If you would like more information, feel free to contact a member of our employment team who would be happy to help.
