South Lakeland District Council HUMAN RESOURCES COMMITTEE 31 March 2015 Shared Parental Leave Policy PORTFOLIO: Councillor Sue Sanderson - Environment and People Portfolio Holder REPORT FROM: Simon McVey - Assistant Director (Policy and Performance) REPORT AUTHOR Andrew Reay – Human Resource Adviser WARDS: Not applicable KEY DECISION NO: Not applicable 1.0 EXPECTED OUTCOME 1.1 The Human Resources Committee are asked 2.0 RECOMMENDATION 2.1 It is recommended that the Human Resources Committee approves the new Shared Parental Leave Policy for implementation. 3.0 BACKGROUND AND PROPOSALS 3.1 Shared Parental Leave is a new right that will enable eligible mothers, fathers, partners and adopters to choose how to share statutory time off work after a child is born or placed for adoption. A policy has been drawn up, which mirrors the legislative requirements in terms of leave and pay entitlement, eligibility and notification arrangements. Consideration has been given to whether the Council should offer some form of enhanced occupational shared parental pay over and above the statutory provisions. Under national NJC provision, women on maternity leave who meet a specific set of qualifying criteria are entitled to occupational maternity pay (90% of full pay for the first six weeks of maternity leave, followed by 12 weeks at 50% of full pay plus statutory maternity pay). The same arrangements apply to employees on adoption leave. The Local Government Association has confirmed that there are no plans currently to introduce a national occupational scheme so individual authorities need to consider how they choose to deal with this locally. No male employees within the Council have taken up their entitlement to additional paternity leave since this came into force in April 2011. It is therefore felt that the numbers of employees wanting to take Shared Parental Leave will be low, and it is for this reason, along with the difficulties in terms of administering variable pay when periods of leave could be discontinuous, that the Human Resources Committee is asked to agree that the Council only offers the statutory rate of pay to employees who choose to take Shared Parental leave and meet the qualifying criteria for payment. 4.0 CONSULTATION 4.1 The HR Policies and Allowances working group is made up of Union and HR representatives. This working group review the HR policies, procedures and guidelines and recommend amendments as appropriate. The Policy is being considered by the Council’s Joint Consultative Panel on 19 March 2015 and any feedback will be reported to the meeting. 5.0 ALTERNATIVE OPTIONS 5.1 There are no alternative options proposed for the reasons set out above. 6.0 LINKS TO COUNCIL PRIORITIES 6.1 A clear policy ensures that the council continues to work towards the Council Plan by ensuring excellence and openness. 7.0 IMPLICATIONS 7.1 Financial and Resources 7.1.1 There is no financial cost in implementing this policy other than the statutory payments due. 7.2 Human Resources 7.2.1 Locally agreed policies and procedures are incorporated into the Terms and Conditions of Employment for all employees. Full consultation with the recognised unions will take place in line with statutory requirements. 7.3 Legal There are no legal implications other than the employment issues that are dealt with in the body of this report and within the Human Resources section. 7.4 Social, Economic and Environmental 7.4.1 A sustainability impact assessment has not been carried out. It has no impact on the climate change. 7.4.2 This report does not have any registered significant environmental effects. 7.5 Equality and Diversity 7.5.1. An equality and diversity impact assessment will not be carried out as the policy follows current employment legislation. However, diversity runs through all aspects of the Council’s Human Resources Policies and Procedures and managing this is integral within all our Policies and Procedures, thus ensuring compliance with legislative requirements 7.6 Risk Risk Consequence Controls required The new Shared Parental Leave Policy is not approved. The Council would not have a Shared Parental Leave Policy and therefore would not be legally compliant from 5th April 2015. The new Shared Parental Leave Policy is approved. CONTACT OFFICERS Andrea Wilson, Human Resource Services Manager, 01539 793290, Andrea.Wilson@southlakeland.gov.uk Andrew Reay, HR Adviser, 01539 793299, a.reay@southlakeland.gov.uk APPENDICES ATTACHED TO THIS REPORT Appendix No. 1 Shared Parental Leave Policy BACKGROUND DOCUMENTS AVAILABLE None TRACKING INFORMATION Assistant Director Portfolio Holder Solicitor to the SMT Council Scrutiny Committee 09/03/15 12/03/15 N/A 12/03/15 N/A Executive (Cabinet) Committee Council Section 151 Officer Monitoring Officer N/A N/A N/A N/A 09/03/15 Human Resource Services Manager Leader Ward Councillor(s) Unions N/A N/A N/A 12/03/15