Shared Parental Leave: A Practical Guide for UK Employers and Employees
Navigating family leave can feel like untangling a knot of regulations, forms, and deadlines. This guide gives you a clear, up-to-date overview of UK Shared Parental Leave and Pay as at tax year 2025/26, covering births and adoptions on or after 5 April 2015.
Shared parental leave allows eligible parents to convert up to 50 weeks of maternity or adoption leave into flexible shared leave within the child’s first year. Rather than one parent taking all the time off, both can split it in a way that works for their family and their careers, supporting a smoother return to work.
This guide is written from ScheduleLeave’s perspective, aimed at SMEs with 10–500 employees who want to understand both the legal rules and how to manage SPL practically in their day-to-day HR operations. We’ll cover birth, adoption, and surrogacy arrangements that qualify for statutory maternity or adoption rights.
Before finalising internal policies, employers should always verify current rates and rules on GOV.UK as these can change annually.
What is Shared Parental Leave and Pay?
Shared Parental Leave (SPL) and Statutory Shared Parental Pay (ShPP) are legal entitlements that give working parents more flexibility in how they care for a new baby or newly placed adopted child.
SPL allows eligible parents to share up to 50 weeks of leave and up to 37 weeks of statutory shared parental pay in the first 52 weeks after birth or placement. Shared parental leave does not provide any additional leave for parents; it is created by the mother reducing her maternity leave. This isn’t extra leave on top of maternity or adoption leave—it’s a way of redistributing the weeks that would otherwise belong only to the birth parent or primary adopter.
SPL becomes available once the birth parent or primary adopter has curtailed (ended early) their maternity leave or adoption leave and/or their statutory maternity pay or statutory adoption pay. The remaining weeks then form a pool that either parent can draw from.
Both parents can be off at the same time, or they can take turns. SPL can usually be taken in:
- Continuous blocks – a single unbroken period of leave
- Discontinuous blocks – separate periods with gaps where the employee returns to work (requires employer agreement)
Shared parental leave can be taken in blocks separated by periods of work or all at once (in one go), depending on what works best for the family.
A Concrete Example
Imagine the baby’s mother wants to create shared parental leave (SPL). To do this, she must reduce her maternity leave and/or pay, so she takes 22 weeks’ maternity leave and then returns to work. She curtails her remaining maternity entitlement, which creates:
- 30 weeks of shared parental leave (50 minus 20 weeks already taken, accounting for compulsory leave)
- 17 weeks of shared parental pay (37 minus 20 weeks of statutory maternity pay already received)
Her partner could then take some or all of those 30 weeks, or they can decide how to split the available weeks between themselves, either taking leave at the same time or in turns, depending on what suits their family.
Who Can Take Shared Parental Leave?
Understanding who qualifies for SPL is essential before anyone starts planning leave or submitting requests.
SPL is only available to employees—those with an employment contract—who meet specific service and earnings tests set out in UK law. It isn’t automatically available to everyone working for a company.
The following people can take shared parental leave, provided they meet eligibility criteria. For more information on flexible working arrangements, including tips and templates for making a request, see our essential guide.
- Birth mothers
- Fathers
- Same-sex partners
- A civil partner or spouse of the birth parent
- The mother’s partner who shares main responsibility for the child
Agency workers, some zero-hours contract workers, and those who are self employed generally cannot take SPL. However, they may still qualify for statutory shared parental pay, maternity allowance, or other benefits depending on their circumstances. For advice on working from home, see our tips for effective remote work.
Both parents must share responsibility for the care of the child at the time SPL is taken. They must also satisfy a linked set of eligibility rules that apply to both the employee requesting leave and their partner.
Eligibility and Qualifying Conditions for SPL
UK law uses two main tests to determine who can take shared parental leave. One applies to the parent taking SPL, and the other applies to their partner.
The Continuity of Employment Test (for the parent taking SPL)
To qualify, the employee must:
- Have been employed by the same employer for at least 26 continuous weeks by the end of the 15th week before the expected week of childbirth (known as the “qualifying week”) or the adoption matching week
- Still be employed by that employer the week before their SPL begins
- Have an employment contract with that employer
The Partner’s Employment and Earnings Test
The other parent must have:
- Worked for at least 26 weeks (employed or self employed) in the 66 weeks leading up to the due date or matching week
- Earned an average of at least £30 per week in at least 13 of those 66 weeks
Additional Requirements
Both parents must be entitled to some form of statutory leave or pay to create SPL between them. This could be:
- Statutory maternity pay or maternity leave
- Statutory adoption pay or adoption leave
- Statutory paternity pay or paternity leave
- Maternity allowance (for mothers who don’t qualify for SMP)
SPL must be taken between the baby’s birth (or placement date for adoption) and the day before the child’s first birthday. For adoptions, this means before the first anniversary of the placement date.
Eligibility and Qualifying Conditions for Statutory Shared Parental Pay (ShPP)
Meeting the conditions for SPL does not automatically guarantee entitlement to statutory shared parental pay. ShPP has its own qualifying rules.
The Earnings Test
To receive ShPP, the parent must have average weekly earnings at or above the Lower Earnings Limit for national insurance contributions. For the 2025/26 tax year, this threshold is around £123 per week, calculated over the 8 weeks leading up to the 15th week before the expected week of childbirth or matching week.
Current ShPP Rate
Statutory shared parental pay is currently paid at:
- £187.18 per week (2025/26 rate), or
- 90% of average weekly earnings
Whichever is lower applies. This works in the same way as statutory maternity pay after the first six weeks.
Key Points About ShPP
| Requirement | Detail |
|---|---|
| Earnings threshold | At least £123/week average over 8-week reference period |
| Weekly rate | £187.18 or 90% of earnings (lower applies) |
| Maximum weeks | 37 weeks total (shared between parents) |
| Timing | Must be taken within 52 weeks of birth/placement |
Each parent must qualify for ShPP in their own right through their own employer, even if only one parent takes most of the leave. Both parents can receive ShPP at the same time if enough weeks of pay are available and the maternity pay or adoption pay has been properly curtailed.
How Maternity or Adoption Leave is Converted into Shared Parental Leave
SPL does not add extra weeks on top of maternity leave or adoption leave. Instead, it reallocates unused weeks from the birth parent or primary adopter to create a shared pool.
The Curtailment Process
The birth parent or primary adopter must formally “curtail” their maternity or adoption leave and/or pay. This means giving notice to end it early, which releases the remaining weeks for SPL.
How the Numbers Work
Here’s how the conversion breaks down for a birth:
| Entitlement | Total Available | Minimum for Mother | Available for SPL |
|---|---|---|---|
| Maternity leave | 52 weeks | 2 weeks (compulsory) | Up to 50 weeks |
| Statutory maternity pay | 39 weeks | 2 weeks | Up to 37 weeks |
The first 2 weeks of compulsory maternity leave (or 4 weeks for factory workers) cannot be converted to SPL. The baby’s mother must take these weeks herself immediately after birth.
Example Calculation
If a mother takes 12 weeks of maternity leave and then curtails, it’s important for HR to have efficient leave management systems in place.
- SPL available: 50 – 10 = 40 weeks (subtracting 10 weeks taken beyond compulsory period)
- ShPP available: 37 – 10 = 27 weeks (subtracting 10 weeks of SMP received beyond the minimum)
These 40 weeks of leave and 27 weeks of pay can then be shared between both parents in whatever pattern they choose; it’s important to plan leave strategically.
If you are adopting a child, the process is similar. The primary adopter can curtail their adoption leave and statutory adoption pay to release shared weeks for themselves and their partner. Adoptive parents must meet specific eligibility criteria, and the matching process (when you are officially matched with a child) determines when adoption leave and shared parental leave can begin.
Notice Requirements and Booking Shared Parental Leave
Notice requirements for SPL are strict. Both employees and HR teams need to follow them carefully to ensure entitlements are valid and leave is properly recorded.
The 8-Week Notice Rule
Each parent must give their employer at least 8 weeks’ written notice of:
- Their entitlement to SPL
- Their intention to take SPL and/or ShPP
- The curtailment notice from the birth parent or primary adopter (confirming maternity/adoption leave is being ended early)
For information on annual leave during notice periods, see our guide.
Employers may also request a birth certificate or a declaration confirming the child’s birth details when processing leave or pay entitlements related to shared parental leave.
This notice must include a declaration of eligibility signed by both parents.
Leave Notices
Employees can usually submit up to three “leave notices” to book or vary their periods of SPL. Each notice must specify the dates they intend to take leave. Employers can agree to accept more than three notices, but they’re not obliged to.
Continuous vs Discontinuous Leave
| Type | Description | Employer Response |
|---|---|---|
| Continuous leave | A single unbroken block of leave | Employer must accept if employee is eligible |
| Discontinuous leave | Blocks separated by periods at work | Employer can refuse, negotiate, or accept within 2 weeks |
If an employer refuses a discontinuous leave request and no agreement is reached within 14 days, the employee can either:
- Take the total amount of leave requested as one continuous block, starting on the proposed start date
- Withdraw the request entirely
When the Baby is Born Early
If the baby is born early, employees can bring forward their leave dates. They should inform their employer as soon as practicable, and employers should show flexibility in these circumstances.
Shared Parental Leave and Maternity Allowance
Maternity allowance is paid by the Department for Work and Pensions (DWP), not by the employer. This means it interacts with SPL differently from statutory maternity pay.
Key Differences
A mother receiving maternity allowance cannot herself take SPL. However, she can enable her employed partner to take shared parental leave and pay by formally curtailing her maternity allowance period.
To do this:
- The mother must give DWP at least 8 weeks’ notice to end her maternity allowance early
- The remaining weeks then become available as SPL/ShPP for her eligible partner
- The partner applies to their own employer for SPL in the usual way
What Happens if the Mother Returns to Work?
Maternity allowance normally continues even if the mother returns to work early—unless she specifically curtails it to create SPL. If she simply goes back to work without curtailing, her partner won’t be able to claim SPL.
Employees who need to claim maternity allowance should work closely with DWP and allow extra time for processing. We recommend employers use HR systems like ScheduleLeave to track these interdependencies and ensure nothing falls through the cracks.
Occupational Shared Parental Pay and Employer Policies
There’s an important distinction between statutory ShPP (the legal minimum) and any enhanced or occupational shared parental pay an employer chooses to offer.
Statutory vs Enhanced Pay
UK law does not require employers to match their enhanced maternity pay scheme with enhanced shared parental pay. However, offering significantly different terms (for example, full pay for maternity but only statutory for SPL) may risk indirect sex discrimination claims, since fathers and partners are more likely to take SPL.
Creating a Clear Policy
Employers should create a written SPL policy that clearly states:
- Whether enhanced pay is offered for SPL
- If so, at what rate and for how many weeks
- Any conditions (such as minimum service requirements)
- Whether repayment is required if the employee doesn’t return for a set period
Many SMEs now choose to align enhanced SPL pay with enhanced maternity pay to support equality, improve retention, and make the policy easier to administer. Within ScheduleLeave, you can configure SPL as a separate leave type with its own pay tags and approval rules.
Repayment Clauses
Some employers require repayment of enhanced pay elements if an employee doesn’t return for a minimum period after leave. If you include such clauses, make sure they’re clearly set out in the employment contract and employee handbook.
Employee Rights During Shared Parental Leave
Taking shared parental leave should not disadvantage an employee in terms of employment protection or contractual benefits.
Accrual of Annual Leave
Statutory annual leave continues to accrue during SPL as if the employee were at work. Employees can usually take accrued holiday immediately before or after SPL, subject to employer agreement.
Contractual Benefits
During SPL, most contractual benefits, such as leave management, continue as normal:
- Pension contributions (employer contributions continue on ShPP received)
- Health insurance and other benefits
- Company car or allowances (depending on policy)
- Length of service and seniority
The main exception is basic salary, which is replaced by ShPP (or occupational pay if offered).
SPLIT Days
Employees on SPL can work up to 20 Shared Parental Leave In Touch (SPLIT) days without ending their leave or losing ShPP. These are in addition to any Keeping In Touch (KIT) days used during maternity or adoption leave.
SPLIT days are useful for:
- Attending important meetings or training
- Staying connected with the team
- Easing the transition back to work
The terms (including pay) should be agreed in advance between employee and employer.
Redundancy Protections
If an employee’s role is at risk during SPL, they have priority for any suitable alternative vacancies over colleagues who are not on family leave. Employees also have special or extra rights that provide greater security and benefits during redundancy situations related to parental leave. From April 2024, enhanced redundancy protections extend to 18 months after birth for SPL taken from that date.
Returning to Work After Shared Parental Leave
An employee’s rights on returning to work depend on the total length of leave they’ve taken, including maternity leave, adoption leave, and SPL combined.
Leave of 26 Weeks or Less
If the combined leave totals 26 weeks or less, the employee has the right to return to exactly the same job on the same terms and conditions.
Leave Exceeding 26 Weeks
If combined leave exceeds 26 weeks, the employee is still entitled to return to their original job. However, if this is not reasonably practicable (for example, due to a genuine restructure), the employer must offer a suitable alternative role on terms no less favourable.
Temporary Cover
Having temporary cover in place during SPL does not remove the returning employee’s right to their original role. Employers should plan for this when arranging cover.
Flexible Working Requests
Employees returning from SPL can make a statutory flexible working request. This might include:
- Part-time hours
- Remote or hybrid working
- Compressed working weeks
- Job sharing
Employers must consider these requests reasonably and respond within the statutory timeframe (usually 2 months, or 3 months in some circumstances).
Benefits for Families During SPL and Pay Periods
SPL interacts with wider family benefits, and employees should understand the bigger financial picture when planning their leave.
Child Benefit
Child Benefit can normally be claimed from birth or placement date. However, be aware that a High Income Child Benefit Charge may apply if either partner earns over the current threshold (£60,000 for 2025/26).
Universal Credit
Universal Credit may be available or may increase during periods of low income when one or both parents are receiving ShPP rather than their normal salary.
Other Support
Families on lower incomes may be eligible for:
- Sure Start Maternity Grant (England and Wales)
- Best Start Grants (Scotland)
- Healthy Start vouchers
- Help from local health visitor services
Seeking Advice
Benefit rules and thresholds change frequently. Employees should seek independent advice from organisations like Citizens Advice or local welfare rights services before making major decisions about leave and pay.
How ScheduleLeave Helps Employers Manage Shared Parental Leave
The legal framework for SPL is undeniably complex. The good news is that practical administration can be streamlined significantly with the right HR technology.
Configurable Leave Types
ScheduleLeave lets HR teams create dedicated Shared Parental Leave types with specific rules for:
- Eligibility requirements
- Pay tags (statutory vs enhanced)
- Required approvals and documentation
- Notice period enforcement
Team Calendar Visibility
The platform provides shared team calendars so managers can visualise overlapping SPL, maternity leave, paternity leave, and annual leave at a glance. This makes workforce planning much easier, especially when multiple team members are planning parental leave around the same time.
Streamlined Request Workflows
Employees can: Learn more about what leaveism is and how it impacts the workplace.
- Submit SPL requests directly in ScheduleLeave
- Attach curtailment confirmations and other required documents
- Propose discontinuous blocks with clear date ranges
Each request triggers automatic approval workflows to the appropriate manager and HR administrator.
Payroll Integration
ScheduleLeave exports leave data for payroll processing, including ShPP weeks taken. Integration with tools like Outlook, Google Calendar, and Slack keeps everyone informed about who is off and when.
Practical Tips for Employers Implementing Shared Parental Leave
Here’s a checklist for SMEs setting up or reviewing their SPL policy:
1. Create or Update Your Written Policy
Your Shared Parental Leave and Pay policy should:
- Mirror current legislation accurately
- Be consistent with your maternity, paternity, and adoption policies
- Clearly state any enhanced pay entitlements
- Be easily accessible to all staff (e.g., on your intranet or in your employee handbook)
2. Train Line Managers
Ensure managers understand:
- Basic SPL rules and eligibility requirements
- How to handle discontinuous leave requests
- How to avoid discrimination or unconscious bias when fathers and partners request leave
- When to escalate queries to HR
3. Centralise Leave Management
Use ScheduleLeave to manage all leave requests, approvals, and records in one place. This eliminates the risks that come with spreadsheets, email trails, and paper forms—such as lost requests, inconsistent record-keeping, and compliance gaps.
4. Plan Ahead for Workforce Impact
- Run leave reports before peak periods to identify potential gaps
- Consider cross-training team members to cover absences
- Schedule proper handovers when long SPL blocks are planned
- Review workloads and deadlines with employees before leave starts
5. Communicate Proactively
Keep employees informed about:
- What documentation they need to provide
- How to give correct notice within the required timeframes
- What happens if they want to change their leave dates
- Their rights regarding pay, benefits, and returning to work
Where to Get Further Help and Up-to-Date Guidance
SPL law and statutory rates can change each April. Both employers and employees should check current official guidance before making final decisions or finalising policies.
Useful Resources
| Resource | What It Covers |
|---|---|
| GOV.UK Shared Parental Leave | Official guidance, calculators, model forms |
| Maternity Action | Advice on employment rights during pregnancy and family leave |
| Citizens Advice | Help with benefits, employment disputes, complex situations |
| ACAS | Guidance on workplace policies and handling disputes |
Professional Advice
Employers should consider seeking professional HR or employment law advice when:
- Drafting enhanced SPL policies
- Handling contentious cases or grievances
- Restructuring during an employee’s SPL period
- Dealing with complex situations (multiple jobs, surrogacy arrangements, etc.)
Simplify Your Leave Management
Managing shared parental leave alongside maternity leave, paternity leave, adoption leave, and annual leave doesn’t have to be complicated. With the right system in place, you can spend less time on admin and more time supporting your people.
Ready to streamline how your business handles all types of leave? Try ScheduleLeave free for one month and see how our holiday and absence management software can simplify SPL administration for your team.
