Shared Parental Leave Policy
1. Statement of Policy
The aim of this policy and the associated procedure document is to set out the statutory rights of staff to shared parental leave, (SPL). Shared parental leave is a new way for parents to share statutory leave and pay following the birth of a child, or a child placed for adoption on or after 5th April 2015.
This right allows the mother or adopter to choose to bring their maternity or adoption leave to an end at any point after the two-week compulsory maternity leave period following the birth or placement of a child. The untaken weeks of maternity or adoption leave are available to be shared with her partner, up to a maximum of 50 weeks.
This policy and the associated procedure document also applies to the intended parents in a surrogacy arrangement if they apply for a “parental order” and are eligible for adoption leave. Shared Parental Leave is part of the Government’s commitment to create a fairer society that gives parents more flexibility to decide how they want to share care for their child in the first year.
Applies (but not limited) to: All categories of Dyfed-Powys Police officers and staff, whether full-time, part-time, permanent, fixed term, temporary (including agency staff, associates and contractors), seconded staff and volunteers. Police Officers, staff and volunteers accessing and using Force assets and property must have due regard to the contents of this policy.
2. Policy Scope
This policy applies to police officers and staff that meet the relevant eligibility criteria, which is explained within the procedure document.
3. Powers and Policy/Legal Requirements
This policy has been created in line with below legislation and guidance and following consultation with staff associations and support networks.
- The Employment Rights Act 1996
- The Employment Act 2002
- The Work and Families Act 2006
- The Children and Families Act 2014
- Protection from Redundancy (Pregnancy and Family Leave) Act 2023
The internal policies of relevance include.
- The Maternity, Paternity & Adoption leave policy and procedure.
An Equality Impact Assessment form has been completed.
4. Options and Contingencies
The responsibilities of individuals and managers are clearly set out in the Shared Parental Leave guidance document.
Officers and Staff should complete the necessary sections outlined in Appendix A of the Shared Parental Leave guidance documents.
Parents, who are not Officers or Staff from Dyfed-Powys Police should complete the “declaration” section.
All of the Code of Ethic principles apply to this policy: -
- Courage
- Respect and Empathy
- Public Service
5. Take action and review.
This policy and the associated procedures document will be reviewed by People Services on a tri-annual basis, to ensure that they are effective and fit for purpose, any changes to legislation and/or national guidance and any challenges made to the documents.
Any amendments to the policy or procedure document will be implemented via People Services following agreement by the People, Culture and Ethics Board.
CODE OF ETHICS CERTIFICATE OF COMPLIANCE
This policy has been drafted in accordance with the Code of Ethics and has been reviewed on the basis of its content and the supporting evidence and it is deemed compliant with that Code and the principles underpinning it.
HUMAN RIGHTS ACT CERTIFICATE OF COMPLIANCE
This policy has been drafted in accordance with the Human Rights Act and has been reviewed on the basis of its content and the supporting evidence and it is deemed compliant with that Act and the principles underpinning it.
EQUALITY IMPACT ASSESSMENT
Section 4 of the Equality Act 2010 sets out the protected characteristics that qualify for protection under the Act as follows: Age; Disability; Gender Reassignment; Marriage and Civil Partnership; Pregnancy and Maternity; Race; Religion or Belief; Sex; Sexual Orientation.
The public sector equality duty places a proactive legal requirement on public bodies to have regard, in the exercise of their functions, to the need to:
- eliminate discrimination, harassment, victimisation, and any other conduct that is unlawful under the Act;
- advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it;
- foster good relations between persons who share a relevant protected characteristic and persons who do not share it.
The equality duty applies to all protected characteristics with the exception of Marriage and Civil Partnership, to which only the duty to have regard to the need to eliminate discrimination applies.
Carrying out an equality impact assessment involves systematically assessing the likely or actual effects of policies on people in respect of all the protected characteristics set out above. An equality impact assessment should be carried out on any policy that is relevant to the public sector equality duty.
EQUALITY IMPACT ASSESSMENT COMPLETED: July 2024