Commentary on Sections Part 2: Shared Rights to Leave and Pay Section 167ZZ4: Relationship with contractual remuneration
Section 167ZZ4 deals with the way in which statutory shared parental pay interacts with contractual remuneration.
Subsection (1) provides that, subject to subsections (2) and (3), any entitlement to statutory shared parental pay is not to affect any right of any person in relation to contractual remuneration. Subsection (2) specifies that payment of contractual remuneration can be counted as discharging a liability of the employer to pay statutory shared parental pay. Also payment of statutory shared parental pay can be counted as discharging an obligation of the employer to pay contractual remuneration. Subsection (3) makes provision for regulations to provide which payments are to be treated as contractual remuneration for the purposes of subsections (1) and (2).