Shared Parental Leave in Detail

To be eligible for SPL, both parents must meet their own eligibility criteria:

The parent wishing to take SPL must:

• Be an employee
• Have worked for the same employer for at least 26 weeks by the end of the 15th week before the due date (or matching date for adoption)
• Remain employed by that employer during the SPL period

Their partner (or the other parent) must:

• Have worked for an employer (or be self-employed) for at least 26 of the 66 weeks before the baby is due
• Earn above the lower earnings limit (currently £123 per week) in at least 13 of those 66 weeks

The mother or primary adopter must also have curtailed (ended early) their maternity or adoption leave in order to create the weeks that can then be shared.

To take SPL, the following steps are required:

1. The mother or primary adopter curtails their maternity or adoption leave by giving a Curtailment Notice to their employer, specifying the date leave will end.
2. Both parents give SPL notices to their respective employers, stating they meet the eligibility criteria.
3. Each parent who wants to take leave gives a Booking Notice specifying the dates and number of weeks they wish to take, at least eight weeks before the leave is due to start.

Leave can be taken in up to three separate blocks — and with the employer's agreement can be taken as discontinuous (non-continuous) periods. Employers must agree to discontinuous leave requests or offer an alternative continuous block. If no agreement is reached, the employee is entitled to take the leave as a continuous block on the dates originally requested.

Shared Parental Pay (ShPP) is paid at the same flat rate as Statutory Maternity Pay (SMP) for the weeks in which it is claimed — currently £194.32 per week or 90% of average weekly earnings if lower. Employers can offer enhanced ShPP on top of the statutory rate, though they are not required to do so.

The number of weeks of ShPP available depends on how many weeks of Statutory Maternity Pay or Maternity Allowance the mother or primary adopter has already used before curtailment. If the mother takes 20 weeks of SMP before curtailing, there are up to 17 weeks of ShPP remaining to share (37 minus 20).

Many employers offer enhanced maternity pay but not enhanced ShPP — this has been the subject of equal pay and sex discrimination challenges. Following the Court of Appeal decision in Ali v Capita Managed IT Solutions, employers are not automatically required to equalise enhanced maternity and shared parental pay, but the law in this area continues to develop.

Since 6 April 2024, an employee on shared parental leave of at least six consecutive weeks is entitled to the priority for suitable alternative vacancies protection under the extended redundancy rules introduced by the Maternity Leave, Adoption Leave and Shared Parental Leave (Amendment) Regulations 2024. This means that if a redundancy situation arises during a continuous block of SPL of six or more consecutive weeks, your employer must offer you any suitable alternative vacancy before making you redundant — the same priority that applies during maternity leave.

Where SPL has been taken in shorter non-consecutive blocks totalling six or more weeks, the position is more complex and will depend on the specific pattern of leave taken and when the redundancy situation arose. Seek advice from Acas or an employment solicitor if you are at risk of redundancy during or shortly after SPL.

The Employment Rights Bill 2024 did not significantly restructure SPL itself, but it proposed broader changes to family leave rights — including potential reforms to paternity leave and pay, and greater protection for workers taking family leave. The Bill was subject to amendment during its parliamentary passage, so practitioners and workers should monitor developments. The existing framework under the Shared Parental Leave Regulations 2014 and the Maternity and Parental Leave Regulations 1999 remains operative until any amending legislation takes effect.

One practical challenge with SPL is ensuring that both parents' employers cooperate on overlapping leave periods. Each parent gives notice to their own employer — there is no requirement for the employers to agree with each other. If one employer attempts to refuse or disrupt a valid SPL booking by making the employee redundant or subjecting them to detriment, this is actionable in the Employment Tribunal. Document all SPL notices and any employer responses in writing, and keep records of communications between employers if relevant. Where an employer refuses to engage with a valid SPL request for continuous leave, seek Acas Early Conciliation promptly — delays can cause the statutory three-month time limit to expire.

The financial dimension of SPL is important to understand before planning leave. Statutory Shared Parental Pay (ShPP) is paid at the same flat weekly rate as Statutory Maternity Pay — a significant reduction for many families where one parent's salary is the household's primary income. If you wish to understand the full financial impact, check your employer's enhanced family leave policy carefully: some employers offer enhanced SPL pay to match enhanced maternity pay, while others offer only the statutory rate. Where an employer offers enhanced maternity pay but not enhanced SPL pay and the claimant is a man, there may be scope to challenge this as sex discrimination — legal advice is advisable before pursuing this route. For eligible employees, the first three weeks of paternity leave are paid at the statutory rate, and paternity leave cannot currently be taken as SPL unless the mother has curtailed her maternity entitlement and shared the balance. Always check your employer's enhanced family leave policy before planning leave, as contractual enhancements can significantly change the financial picture and affect which parent should take which type of leave.