Shared Parental Leave and Pay: how it works

What is it, who's entitled to it, how much you'll receive and how to apply … here's everything you need to know about Shared Parental Leave and Statutory Shared Parental Pay.

Launched in 2015, Shared Parental Leave (SPL) allows both partners to share time off when they’re having a baby or adopting a child.

Designed to give employed parents more choice when it comes to childcare, Shared Parental Leave allows you to end your maternity leave early and share the remaining time and statutory pay with your partner.

Take up has been low, though. Only 1% of new parents used Shared Parental Leave in 2018 according to research from the University of Birmingham.

'For some families, the mother taking maternity leave may still be the best arrangement,' says Tom Neil, Senior Adviser for workplace expert Acas.

'However, the low uptake is also likely to do with many parents not being fully aware of Shared Parental Leave, how it works or what they need to do to take it.'

If you’re thinking of sharing childcare with your partner or just want to find out a bit more about Shared Parental Leave policy and Statutory Shared Parental Pay, here’s what you need to know.

What is Shared Parental Leave? 

Shared Parental Leave (SPL) allows you to share up to 50 weeks of leave with your partner when you have a baby or adopt a child.

You can also share up to 37 weeks of Statutory Shared Parental Pay (ShPP).

What is Statutory Shared Parental Pay?

Statutory Shared Parental Pay (ShPP) is paid to eligible parents taking SPL.

It’s paid at the same rate as Statutory Maternity Pay.

You'll receive £148.68 a week (April 2019-April 2020) or 90% of your average earnings, whichever is lower.

ShPP is paid by your employer in the same way as your wages.

If you're thinking of taking SLP, it's worth noting that that Statutory Maternity Pay (SMP) is paid at 90% of the mum’s average earnings for the first six weeks, so you may be better off on SMP during this period.

What are the pros and cons of Shared Parental Leave?

Pros

Shared Parental Leave offers a lot of flexibility. It allows you to have time off together, or individually, to look after your child.

One of the drivers behind SPL was to close the gender pay gap. It gives mums the option to return to work earlier and dads and partners to take over childcare.

Cons

Many workplaces offer enhanced maternity packages but employer's paternity and shared parental leave packages often lag behind. This means your family may be financially better off if the mum stays at home as ShPP payments are low.

Agency workers, those on zero-hours contracts and the self-employed are not usually eligible.

How does Shared Parental Leave work?

Shared Parental Leave is when the mother reduces her Statutory Maternity Leave to share the remaining leave with her partner.

The first two weeks after birth (four if you’re a factory worker) are compulsory time off for all new mums. After that you can decide to share the remaining 50 weeks of your leave.

For adoptive parents, the person claiming adoption pay must take at least two weeks of adoption leave.

You don't need to have returned to work for SPL to begin. You may have decided you want to return to work two months earlier and given your employer notice of the date, for example.

This frees up two months leave for your partner. You can then use your leave at the same time and enjoy looking after your new baby together.

How flexible is Shared Parental Leave?

If you’re eligible for SPL and ShPP, you will need to take your pay and leave in the first year after your child is born or adopted.

Shared Parental Leave is designed to be flexible and, unlike maternity leave, you don’t need to take SPL all in one go. If you prefer, you can take it in blocks of leave interspersed with periods of work.

You and your partner can take up to three blocks of leave each, or more if your employer agrees.

You can also take up to six months off together to spend with your new arrival.

Alternatively, you can choose to stagger your leave, so one person is at home caring for your child when the other returns to work.

In addition to the 10 keeping in touch (KIT) days you're entitled to if you're on maternity or adoption leave, both you and your partner can each work up to 20 days while you’re taking SPL.

These are called ‘Shared Parental Leave in touch’ (SPLIT) days. KIT and SPLIT days are optional and need to be agreed between you and your employer.

Who is eligible for Shared Parental Leave and Pay?

You may be eligible for Shared Parental Leave if you are the mother, father or mother’s partner – including civil partners and same-sex partners.

You can also take SPL if you are adoptive parents.

To be eligible for SLP or ShPP the mother or adopter must be entitled to:

• maternity/adoption leave
• statutory maternity/adoption pay
• maternity allowance (if not eligible for maternity/adoption leave)

You must also meet certain pay and work criteria.

These are different for birth and adoptive parents and vary depending on which parent is taking leave or whether you’re sharing it.

If you’re unsure whether you’re eligible or want to check your individual circumstances, this shared parental leave calculator from gov.uk will tell you if you qualify and how much pay you’re entitled to.

The criteria for SPL and ShPP for birth parents

To qualify for SPL and ShPP, you must have a partner who you share responsibility for your baby with from birth. If you start sharing responsibility for the child after it’s born, you won’t be eligible.

You also need to meet certain work and pay criteria.

The person who is taking the SPL and ShPP (or both of you if taking it together) must:

• Be an employee – agency workers, those on zero-hour contracts and people who are classed as ‘workers’ under government guidelines may qualify for ShPP but not SPL.
• Stay with the same employer while you take SPL.
• Have been employed continuously by the same employer for at least 26 weeks by the end of the 15th week before your due date.
• Earn an average of at least £118 a week. If you earn less, you may qualify for SPL but not ShPP.

The other parent must:

• Have been working for at least 26 weeks during the 66 weeks before the week the baby is due.
• Have earned at least £390 in total across any 13 of those 66 weeks.

The criteria for SPL and ShPP for adoptive parents

To qualify for SPL and ShPP, both adoptive parents must share responsibility for the child.

You also need to meet certain work and pay criteria.

 The person who is taking the SPL and ShPP (or both of you if taking it together) must:

•  Be an employee – agency workers, those on zero-hour contracts and people who are classed as ‘workers’ under government guidelines may qualify for ShPP but not SPL.
• Have been employed continuously by the same employer for at least 26 weeks by the end of the week you were matched with your child.
• Stay with the same employer while you take SPL.
• Earn an average of at least £118 a week. If you earn less, you may qualify for SPL but not ShPP.

The other parent must:

• Have been working for at least 26 weeks during the 66 weeks before the week the baby is due.
• Have earned at least £390 in total across any 13 of those 66 weeks.

How do I arrange to take Shared Parental Leave?

You can start SPL and ShPP once your baby has been born or your child has been placed with you for adoption.

To trigger SPL you will need to have returned to work or given your employer binding notice of when you intend to return.

Tom recommends having an informal chat with your employer at an early date to talk through your SPL options. If you then decide you want to take SPL, you must notify your employer at least eight weeks before the start of your leave.

Created by Acas, these shared parental leave forms will give your employers all the information they need when giving them notice.

• Shared Parental Leave forms (for Adoption)
• Shared Parental Leave forms (for Maternity)
• Shared Parental Leave forms (for Parental Order Surrogacy)

If you want to take your leave in blocks, you and your partner can each give your employers up to three separate notices of leave.

Does my employer have to agree to Shared Parental Leave?

As long as you meet the eligibility criteria then you have the right to take SPL.

'Your employer must allow you to take it, just like they must for maternity or paternity leave,' says Tom. 'And you must not be treated unfairly for taking it.'

However your employer does not have to agree to the way you want to take it.

'SPL must be taken in full weeks,' says Tom. 'It can be taken either as continuous leave – where the leave is taken in one go – or broken up as discontinuous leave.

'An employer cannot refuse a continuous leave request. However, they can refuse a discontinuous leave request.

'They may require an employee to take it in a continuous block instead, so anyone wanting to do this should talk with their employer and ensure it would work for both.'

FAQ about Shared Parental Leave

Does SPL affect paternity leave?

No. SPL can be taken any time after the two weeks paternity leave.

What if I’m on Maternity Allowance?

If you're self-employed, an agency worker or cannot claim Statutory Maternity Pay, you may be entitled to Maternity Allowance.

'While workers are not entitled to SPL, they may be entitled to receive ShPP,' says Tom.

'Even if you are not eligible for SPL, your partner might still be able to take SPL and ShPP,' he adds.

'This might be particularly useful for mothers who are self-employed and do not intend to claim 39 weeks of Maternity Allowance. They could reduce their entitlement to Maternity Allowance and turn it into SPL and ShPP.'

Can I change my mind about when I want to take SPL?

Yes. You can change your mind about dates but you must give your employer at least eight weeks notice before you want your leave to begin.

Useful resources

If you want to find out more about Shared Parental Leave and Statutory Shared Parental Pay, the following websites and organisations have lots of useful information.

Acas

Gov.UK

Maternity Action

You'll also find more about maternity and paternity benefits and allowances here.