Shared Parental Leave
Shared Parental Leave allows eligible parents to share up to 50 weeks of leave and up to 37 weeks of statutory pay following the birth or adoption of a child. To use the scheme, the mother or primary adopter must choose to end their maternity or adoption leave early, allowing the remaining leave and pay to be shared with their partner.
Unlike maternity leave, Shared Parental Leave offers greater flexibility. Parents can decide how they want to share the available leave, whether they take time off together or separately, and, subject to the statutory rules, may take leave in up to three separate blocks each. Although the legislation provides flexibility, the eligibility rules and notification requirements are complex, which means many employers receive very few requests and are often unfamiliar with the process.
What Is Shared Parental Leave?
Shared Parental Leave (SPL) is a statutory entitlement that allows eligible parents to share leave following the birth or adoption of a child. It was introduced to give families greater flexibility in deciding how they balance work and childcare during the child’s first year.
Rather than one parent taking all of the leave, Shared Parental Leave allows eligible parents to decide how they want to divide the remaining leave between them. They may choose for one parent to take most of the leave, split it equally, take periods of leave at different times or, in some circumstances, take leave at the same time.
To use the scheme, the mother or primary adopter must end (or give notice to end) their statutory maternity or adoption leave and pay early. The remaining untaken entitlement can then be shared with their partner, provided both parents meet the statutory eligibility requirements.
In summary:
- Up to 50 weeks’ Shared Parental Leave may be available.
- Up to 37 weeks’ Statutory Shared Parental Pay (ShPP) may be available.
- Parents decide how the available leave is shared between them.
- Leave may be taken together or separately.
- Subject to the statutory rules, each parent may request leave in up to three separate blocks.
Although the principle is straightforward, the eligibility rules, notice requirements and leave patterns can be complex. As a result, many employers receive very few Shared Parental Leave requests and may benefit from HR advice when a request is made.
In practice…
Although Shared Parental Leave has been available since 2015, it remains one of the least-used family-friendly rights in the UK. Many employers will never receive a request, which is why it can seem unfamiliar and complex. If you do receive a request, taking advice early can help ensure you manage it correctly.
Who Is Eligible?
Not every employee will qualify for Shared Parental Leave. Both the employee and their partner must meet certain statutory eligibility requirements before the entitlement applies.
In broad terms:
- The employee must share responsibility for the child’s care with their partner.
- The mother or primary adopter must be entitled to statutory maternity or adoption leave (or have received statutory maternity or adoption pay).
- The mother or primary adopter must end (or give notice to end) their maternity or adoption leave and/or pay early.
- The employee requesting Shared Parental Leave must satisfy the statutory continuity of employment requirements with their employer.
- The employee’s partner must satisfy the statutory employment and earnings test.
Employees must also provide the appropriate notices and declarations before taking Shared Parental Leave. These confirm that the statutory conditions have been met and explain how much leave each parent intends to take.
Because the eligibility rules are detailed and involve information about both parents’ employment, employers should avoid making assumptions about whether an employee qualifies. If there is any uncertainty, it is sensible to check the eligibility requirements carefully or seek HR advice before confirming leave arrangements.
Top Tip
Unlike maternity leave, eligibility for Shared Parental Leave depends on the circumstances of both parents. Before agreeing a request, make sure you have received the required notices and declarations and are satisfied that the statutory conditions have been met.
How Does Shared Parental Leave Work?
To use Shared Parental Leave, the mother or primary adopter must first end (or give notice to end) their statutory maternity or adoption leave early. The remaining untaken leave and statutory pay can then be shared between both parents, provided they satisfy the statutory eligibility requirements.
The scheme offers considerably more flexibility than traditional maternity leave. Depending on their circumstances, eligible parents can decide how they wish to share the available leave during the child’s first year.
In summary:
- Up to 50 weeks’ Shared Parental Leave may be shared between the parents.
- Up to 37 weeks’ Statutory Shared Parental Pay (ShPP) may be available, subject to eligibility.
- Parents can choose how they divide the available leave between them.
- They may take leave at the same time or at different times.
- Leave can be taken in separate blocks, allowing parents to alternate periods of leave, provided the statutory notice requirements are met and, where applicable, the employer agrees to the proposed pattern of leave.
This flexibility allows families to choose the arrangement that best suits their personal and financial circumstances whilst enabling both parents to spend time caring for their child.
Although the legislation offers considerable flexibility, Shared Parental Leave remains one of the least-used family-friendly rights in the UK. Many employees either do not qualify or decide not to use the scheme, meaning many employers receive very few requests. As a result, if you receive a Shared Parental Leave request, it is often sensible to seek HR advice to ensure the statutory requirements are met and the leave is managed correctly.
Common Mistakes Employers Make
Shared Parental Leave is one of the most complex family-friendly rights in UK employment law. Fortunately, relatively few employees choose to use it, but that also means many employers have little experience of managing requests. Common mistakes include:
- Confusing Shared Parental Leave with maternity or paternity leave. Each entitlement has different eligibility rules and notification requirements.
- Assuming every employee qualifies. Both the employee and their partner must satisfy statutory eligibility and employment tests before Shared Parental Leave can be taken.
- Rejecting requests without checking the legal position. Employers should ensure they understand the statutory entitlement before making a decision.
- Misunderstanding how leave can be taken. Shared Parental Leave may be taken by one parent or shared between both parents, sometimes in separate blocks of leave.
- Overlooking notice requirements. Employees must provide the required notices and declarations before taking Shared Parental Leave.
- Failing to plan for operational impact. Early discussions with the employee can help employers manage workloads and minimise disruption.
Because Shared Parental Leave requests are relatively uncommon, seeking advice early can help employers manage requests confidently and avoid costly mistakes.
## How Kea HR Can Help
Shared Parental Leave can be difficult to understand, particularly for smaller businesses that may only encounter a request once every few years. Kea HR provides practical advice to help employers understand their obligations and manage requests fairly and confidently.
We can help you:
- Determine whether an employee is eligible for Shared Parental Leave.
- Explain how the statutory scheme works in practice.
- Review notices and supporting documentation.
- Advise on leave patterns and operational planning.
- Calculate statutory entitlements and explain employer obligations.
- Prepare letters confirming leave arrangements.
- Review or update your family-friendly policies and procedures.
Related Articles
You may also find the following articles helpful:
- Maternity Leave And Pay
- Paternity Leave And Pay
- Adoption Leave And Pay
- Neonatal Care Leave And Pay
- Time Off For Dependants
- Parental Bereavement Leave And Pay
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