Law guide: Employment

See how we helped Michael

"Fantastic! The legal document I used was so comprehensive and easy to complete. It is very reassuring to know my business now has this level of protection"

Michael S, London

Shared parental leave and pay overview

Shared parental leave and pay overview

Contents

What is shared parental leave?

After the birth of a child, all employees who meet certain requirements have a right to statutory shared parental leave (SPL) and statutory shared parental pay (SSPP). These rights apply to parents of children due to be born on or after 5 April 2015.

SPL is taken by dividing the mother's maternity leave entitlement between her and her partner after she has given up her entitlement to it. Similarly, maternity pay or maternity allowance can be given up and then divided so that SSPP is paid to the mother and/or her partner while taking SPL.

Adoptions

SPL also applies to parents who want to adopt in the UK. Adoption can include a child adopted from a surrogate mother where a couple have applied for a parental order. It also includes foster children who are adopted under the 'Fostering for Adoption' scheme run by local authorities.

In this article, any references to the following can be substituted in this way:

  • 'main adopter' for 'mother';
  • 'adoption leave' for 'maternity leave';
  • 'adoption pay' for 'maternity pay';
  • 'match date' for 'child's expected week of birth'; and
  • 'placement date' for 'child's date of birth'.

Who is eligible?

SPL can only be taken by employees, not self-employed people or agency workers. Employees must take SPL in the first year of the child's birth.

SPL is optional; employees who have a right to take maternity leave don't have to take SPL.

Paternity leave and SPL

Employees who have a right to take 2 weeks' paternity leave and pay can still do so before taking any SPL. But if SPL is taken first, they won't then be able to take paternity leave for that same child.

Benefits of taking SPL

SPL gives parents flexibility when taking leave. For example, it can allow both parents to take SPL together, or they can take it separately so that one of them can return to work while the other is taking SPL. It can also be taken while one parent is taking another form of leave, such as paternity leave.