Contractual, enhanced Shared Parental Pay (ShPP)

To qualify for the University’s Contractual ShPP Scheme, the employee must: 

• meet the qualifying conditions for statutory SPL 
• provide their department with the correct notifications (see SPL notifications - birth or SPL notifications - adoption)  
• have a current contract of employment with the University (that covers the full period of the intended leave), and 
• have the intention to return to work for a minimum of three months following the end of SPL. If an employee is on a fixed-term contract, please refer to the 'Fixed-term contracts' section below. 

In addition, it may be necessary for the employee to have at least 26 weeks' continuous service with the University, as an employee at the Qualifying week in line with the statutory scheme requirements, due to the way the scheme works.  Please seek advice as early as possible if you do NOT have 26 weeks continuous service at the Qualifying week. 

The above must be confirmed in writing by the employee. The 'SPL notifications' pro-forma on the right-hand side can be used for this purpose.  

Any periods of maternity/adoption leave, pay or allowance must be curtailed early in order to be able to convert the remaining balance of that leave and pay into SPL and ShPP. The SPL and ShPP are reduced by the amount of maternity/adoption leave and pay the mother has taken.  

For example, if the mother takes the initial 26 weeks as her maternity leave, the couple are then only entitled to 26 weeks of leave to share in total, with 13 of those weeks paid in statutory payments and 13 weeks taken as unpaid leave. 

From 1 January 2020 the University’s eligibility criteria for its contractual, enhanced family leave schemes changed to remove length of service eligibility criteria.  However, eligibility for the SPL and ShPP can require both parents to qualify for the statutory portion.  This is a complex scheme and you are advised to seek advice from your local HR contact as early as possible if you wish to consider Shared Parental Leave and one or both parents do not qualify for Statutory Shared Parental Leave and Pay.  

Payments under the University ShPP Scheme consist of two elements, statutory ShPP and contractual pay.  

Statutory ShPP is paid at a statutory flat rate set by the government for up to 37 weeks within the 52 weeks following the birth or placement of the child. Some employees will be eligible for contractual pay, which is the pay that the University pays over and above the statutory minimum.   

Statutory payments are incorporated into the full pay received under the University ShPP Scheme, for those who are eligible. Statutory ShPP is not paid in addition to full pay.  

SPL and ShPP cannot commence until the end of the compulsory two-week maternity or adoption leave period.  

If all the qualifying requirements are met, the employee will be eligible to receive the benefits of the University ShPP Scheme. Subject to how much maternity/adoption leave has been taken, and how leave and pay are shared between the parents, an employee may be entitled to (in chronological order of SPL): 

• up to 24 weeks’ paid at the full rate of the employee's normal pay (only in the first 26 weeks following the start of maternity/adoption leave); 
• up to 13 weeks paid at the statutory rate of pay; and 
• up to 13 weeks of unpaid leave. 

If SPL is taken simultaneously by both parents, the entitlement to full pay is split evenly between them, ie up to 12 weeks each, and will be applied from the start of any block of SPL. 

For example, if both parents go on SPL at the same time for 24 weeks following the compulsory two-week maternity/adoption leave period (ie 12 weeks for the mother/primary adopter and 12 weeks for the second parent), the employee of the University will only be entitled to full pay for the initial 12 weeks of that period, as their partner’s leave of 12 weeks will count towards the initial 24 week period upon which the entitlement to full pay is based. Where both parents are employees of the University, they would both be paid 12 weeks at their normal full rate of pay, which would add up to their maximum entitlement of 24 weeks of full pay. 

In the case of a multiple birth or the adoption of more than one child, the parents are entitled to the same benefits as if they were having one child. 

If an employee decides not to return to work at the end of their SPL, or returns to work for less than three months, the University reserves the right to reclaim all or part of the payments made under the University scheme, minus any statutory pay element to which the employee was eligible. If an employee resigns during their SPL, they must do so in the normal way, giving the notice period stated in their employment contract. All other contractual benefits will end as at the end date of their employment with the University. An employee may continue to be entitled to statutory payments after employment ends. 

If an employee’s fixed-term contract is due to expire during the proposed period of SPL (or the employee is at risk of redundancy), it is important that this is discussed with an HR Business Partner before any redundancy or end of fixed-term contract procedures are initiated.

Under the Protection from Redundancy (Pregnancy and Family Leave) Act 2023, any employee who has taken a period of Shared Parental Leave for a minimum of six continuous weeks is entitled to enhanced protection from redundancy until 18 months after the child was born or placed during any period in which they are considered to be at risk of redundancy (typically the final 3 months of the contract). This means that they should be given priority consideration for redeployment opportunities.

Whilst every effort should be made to support redeployment, there is no guarantee that suitable redeployment will be found: suitable alternative employment (ie where the postholder meets at least the minimum essential selection criteria for the role) may not arise during the relevant period of time. If the contract does end payments under the University’s contractual scheme and all other contractual employment benefits will cease on the contract end date. Statutory payments may continue to be payable.

If an employee does not qualify for the University’s contractual ShPP scheme, (which pays above the statutory entitlement), they may still qualify for statutory ShPP if they satisfy the eligibility criteria. In cases where both parents meet the qualifying criteria for statutory ShPP they will be eligible to take up to 50 weeks’ leave, with up to 37 weeks’ of statutory pay. Further details on statutory entitlement and pay details can be found on the government’s website. Alternatively, an employee might qualify for SPL only, but not for ShPP. 

A family leave calculator is available on the government's website, which helps individuals work out what statutory entitlement they may have for maternity, paternity and/or SPL. 

From 1 January 2020 the University’s eligibility criteria for its contractual, enhanced family leave schemes changed to remove length of service eligibility criteria.  However, eligibility for SPL and ShPP usually requires both parents to qualify for the statutory portion.  Where this is not the case but both parents are University of Oxford employees the Day One provisions may still apply. However, this is a complex scheme and you are advised to seek advice from your local HR contact as early as possible if you wish to consider Shared Parental Leave and one or both parents do not qualify for Statutory Shared Parental Leave and Pay.