Explanatory Notes

Children and Families Act 2014

2014 CHAPTER 6

13 March 2014

Background and Summary

Part 7: Statutory rights to leave and pay

26.Part 7 of the Act delivers the legislative commitments made in the Government Response to the Modern Workplaces consultation (November 2012). The provisions create a new employment right to shared parental leave and statutory shared parental pay for eligible working parents. Women continue to be eligible for maternity leave and statutory maternity pay or allowance in the same way as previously. If they choose to bring their leave and pay or allowance to an early end, eligible working parents can share up to the balance of the remaining leave and pay as shared parental leave and pay. Eligible adopters can use the new system for shared parental leave and pay. Adoption leave and pay include prospective parents in the “Fostering for Adoption” system, and parents in a surrogacy arrangement who are eligible, and intend to apply, for a parental order.