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?
As of 1 Apr 2025, the same employment protections granted to female employees on Government-Paid Maternity Leave (GPML) will be extended to fathers and adoptive parents taking Government-Paid Paternity Leave (GPPL) and Adoption Leave (AL). This means it will be unlawful to serve a notice of dismissal to employees on GPPL and AL, just as female employees on GPML are protected today.
However, this does not apply to Shared Parental Leave (SPL). As SPL increases the overall duration of absence from work, employers still need the flexibility to make fair employment decisions (e.g. dismissals due to poor performance), that are necessary for their businesses.
Nonetheless, employees who believe they have been wrongfully dismissed while taking SPL may seek redress by filing a claim at the Tripartite Alliance for Dispute Management (TADM).
Related questions
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?
What are the employment protections to Government-Paid Paternity Leave and Adoption Leave introduced from 1 Apr 2025?
What is Government-Paid Shared Parental Leave (SPL)?
Can the new Shared Parental Leave (SPL) be carried over if a parent’s employment is terminated and begins working for a new employer?
