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Shared Parental Leave: Overview

This article provides an overview of Shared Parental Leave (SPL) and Pay (ShPP). For more information, see our other articles on sharing leave with a partner or splitting up leave and eligibility for leave.

Note: The provisions for adopters and parents of a child born through surrogacy are very similar so for simplicity we only refer in this article to parents (birth parent and partner), which includes same-sex couples. For more information, see our article on Shared Parental Leave for parents using adoption or surrogacy.

This article covers:

If you need advice on benefits (other than Statutory Shared Parental Pay) which you might be entitled to during parental leave please see our page here.

What is Shared Parental Leave?

Shared Parental Leave (SPL) gives parents greater flexibility in how they care for their child. SPL allows birth mothers to share a portion of maternity leave and pay with their partners to care for children from birth until their first birthday. SPL can also be used by the birth mother alone to allow her to return to work for periods in between taking periods of SPL, this flexibility does not exist with Maternity Leave. SPL can also be used by parents who are adopting or having a baby through surrogacy.

Birth parents are entitled to 52 weeks statutory maternity leave and 39 weeks Statutory Maternity Pay (SMP) or Maternity Allowance (MA). Birth parents can share a portion of maternity leave and pay, and Shared Parental Leave can be created from the untaken weeks of maternity leave and pay.

Partners (if eligible) are entitled to 2 weeks’ paternity leave and pay, which is separate and not included in SPL. Paternity leave cannot be taken after SPL, so if you are entitled to paternity leave you should take this first.

How much leave can be shared?

The first two weeks of maternity leave and pay are compulsory for the birth mother for health and safety reasons (or 4 weeks if they work in a factory) – so eligible parents can share up to 50 (or 48) weeks of SPL and up to 37 weeks of Shared Parental Pay (ShPP). How much SPL or ShPP eligible parents can take depends on how much leave and pay the birth parent has taken.

A common error which we hear about on our helpline is that people are told by their employer/HR, or even other advisors, that both parents cannot be off and being paid at the same time.

That’s not correct advice for the statutory scheme.

You can take SPL at a different time from your partner/other parent, or at the same time, for example, a woman can be on maternity leave, and her partner can be on SPL, at the same time. It is also possible for just one parent to take SPL. There is no requirement for both parents to take SPL, indeed in some cases, only one parent may qualify to take SPL.

How and when leave and pay are shared is up to the parents, as long as the leave is taken within the first year after birth of the child, and provided the regulations are followed.

So – to summarise – both partners can be off together, e.g. on maternity leave and SPL at the same time (both being paid), or at different times, e.g. one after the other or just one parent can take SPL.

If you have any questions about this, please call our advice helpline.

What if the birth partner is not entitled to maternity leave?

Even where birth mothers are not entitled to maternity leave (for instance, because she is self-employed or an agency worker) she can end her SMP or MA early to create entitlement to SPL for her partner, provided they both satisfy the qualifying tests (see below). For more information, see our article on eligibility for leave and sharing leave with a partner or splitting up leave.

How can we share leave?

SPL can be taken in any way eligible parents would like, as long as leave is taken within the first year of birth (or adoption) and it is within the rules of the scheme. For instance:

  • Both parents can use SPL to stay off work at the same time, splitting the leave evenly or unevenly
  • Both parents can use SPL and stay off work at different times, for the same or different lengths of leave
  • The birth parent can return to work early and take SPL at a later date
  • The birth parent can return to work early and her partner can take SPL
  • The birth parent can take SPL to allow them to return to work for periods in between periods of SPL within the first year of birth. There is no requirement for both parents to take SPL.

For ideas on how to share leave with your partner, see our case studies and range of short films on Shared Parental Leave.

For more detailed information, see our article on sharing leave with a partner or splitting up leave.

Things to consider when deciding how to share leave

  • Do you want to share the caring of your child with your partner in the first year?
  • Do you want time off together or separately?
  • Do you want to take leave all at once, or in blocks throughout the year, returning to work in between?
  • Do you or your partner need to work during the first year for financial reasons?
  • Are you are entitled to enhanced maternity pay or is your partner entitled to enhanced parental pay?

Advantages of taking SPL

  • It can be shared between partners, allowing them to stay off work at the same time or at different times
  • You can return to work, and go back on leave (unlike maternity leave, which cannot be restarted once ended)
  • It can be taken in up to three ‘blocks’ (or more if your employer agrees)
  • Employees on SPL can work up to 20 ‘SPLIT’, whereas those on maternity leave can only work up to 10 ‘KIT’ days
  • An employee can use SPL to take paid holiday during their leave period, to boost their pay while they are off work

Are we eligible to take Shared Parental Leave?

To take SPL, there must be two parents sharing responsibility for a child. Partners can include the child’s biological father, the spouse or civil partner of the birth parent, or a partner living in an ‘enduring relationship’ with the birth parent, at the date of birth. Another relative cannot be a partner.

SPL is quite a technical scheme. Both parents must meet different eligibility criteria for one of the parents to take SPL. Sometimes only one parent in a couple is eligible to get SPL and ShPP – if so, this means you can’t share the leave between you.

The parent who is to take SPL must:

  • be sharing responsibility with the other parent from the day of the child’s birth or adoption placement
  • be legally classed as an employee
  • pass the ‘continuity of employment test’ and their partner must pass the ‘employment and earnings test’

The partner who is taking ShPP must:

For more information, see our article on eligibility for leave.

Are workers eligible to take Shared Parental Leave?

Unfortunately, no. Workers, including agency, contract and zero-hours workers, are not entitled to SPL, but may be able to get ShPP. Partners of workers can take SPL and ShPP, if the birth partner passes the ’employment and earnings test’. For more information, see our article on eligibility for leave.

How to book Shared Parental Leave

For either parent to get SPL, the birth parent or primary adopter must do one of the following:

  • end their maternity or adoption leave and return to work
  • give their employer notice to end (‘curtail’) their maternity or adoption leave early

There are strict notification requirements in order to take SPL. To take SPL and ShPP:

  • The birth parent must end their maternity and adoption leave and return to work, or give their employer notice to end (‘curtail’) their maternity or adoption leave early
  • The partner taking SPL/ShPP must give their employer a non-binding notice of entitlement and intention to take SPL and/or ShPP
  • The partner taking leave must give their employer a booking notice (or several booking notices, if taking leave in blocks) at least 8 weeks before the start of leave

For more information, see our article on how to take Shared Parental Leave (SPL) – notice and booking.

Your rights while on Shared Parental Leave

During SPL, your employment continues and you are entitled to all of the terms and conditions of your employment contract, except for your usual salary (‘remuneration’).

You are also entitled to return to your job (if you have taken 26 weeks or less of leave) or a similar job if it is not reasonably practicable for your employer to give you your old job (if you have taken 26 weeks or more of leave).

It is against the law for an employer to treat an employee unfairly because they’ve taken or intend to take SPL.

If your employer treats you unfairly, you should seek advice. For more information, see our page on employment rights.

This advice applies in England, Wales and Scotland. If you live in another part of the UK, the law may differ. Please call our helpline for more details. If you are in Northern Ireland you can visit the Labour Relations Agency or call their helpline Workplace Information Service on 03300 555 300.

If you have further questions and would like to contact our advice team please use our advice contact form below or call us.

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The information on the law contained on this site is provided free of charge and does not, and is not intended to, amount to legal advice to any person on a specific case or matter. If you are not a solicitor, you are advised to obtain specific legal advice about your case or matter and not to rely solely on this information. Law and guidance is changing regularly in this area.

We cannot provide advice on employment rights in Northern Ireland as the law is different. You can visit the Labour Relations Agency or call their helpline Workplace Information Service on 03300 555 300.