How does employee protection for Shared Parental Leave (SPL) compare to other parental leave types, and what options exist for those dismissed while on SPL?
It is unlawful to serve a notice of dismissal to a female employee who is on Government-Paid Maternity Leave (GPML).
From 1 Apr 2025, the same protection will be extended to fathers and adoptive parents taking Government-Paid Paternity Leave (GPPL) and Adoption Leave (AL). This means it will also be unlawful to serve a notice of dismissal to employees on GPPL and AL.
However, the same protection will not apply to the new Shared Parental Leave (SPL). As the new SPL scheme will increase the overall duration of absence from work that a parent is entitled to take, employers should still be able to carry out fair employment decisions (e.g. dismissals due to poor performance), that are necessary for their businesses.
An employee who considers himself or herself to be wrongfully dismissed while taking the new SPL scheme may seek redress by filing a claim at the Tripartite Alliance for Dispute Management (TADM).
Related questions
Why are employees on Shared Parental Leave (SPL) not protected like other parental leave types? What can employees do if they are wrongfully dismissed while on SPL?
What are the employment protections to Government-Paid Paternity Leave and Adoption Leave introduced from 1 Apr 2025?
Can the new Shared Parental Leave (SPL) be carried over if a parent’s employment is terminated and begins working for a new employer?
What is Government-Paid Shared Parental Leave (SPL)?
