Shared Parental Leave UK: Employer Guide 2026

Shared Parental Leave (SPL) is a statutory employment right in the UK that allows eligible parents to share responsibility for caring for their child during the first year after birth or adoption. Introduced under the Shared Parental Leave Regulations 2014, the regime gives families greater flexibility in how they arrange time off work, allowing both parents to take leave separately or at the same time.

Unlike traditional maternity and paternity leave arrangements, SPL enables parents to divide the available leave between them once the mother or primary adopter has chosen to end their maternity or adoption leave early. This can allow families to structure childcare in a way that better suits their personal and professional circumstances. For example, parents may decide to alternate periods of leave, take time off together, or stagger leave across the first year of the child’s life.

For employers, however, Shared Parental Leave introduces a number of compliance obligations and administrative considerations. Organisations must understand the legal framework governing SPL, including eligibility criteria, notice requirements, statutory pay rules and employee protections. Employers must also ensure they manage requests fairly and consistently while maintaining operational continuity and meeting wider employment law obligations.

What this article is about

This guide provides a detailed overview of Shared Parental Leave in the UK, focusing on the rules employers need to understand when managing SPL requests. It explains how SPL works in practice, who qualifies, how shared parental leave pay is calculated, and what procedures employees must follow when requesting leave. The guide also outlines employer responsibilities, including policy development, record-keeping requirements and employee rights during and after SPL, alongside related workforce planning considerations such as flexible working.

Section A: Shared Parental Leave Explained

Shared Parental Leave is designed to give parents greater flexibility over how they care for their child during the first year following birth or adoption. Instead of one parent taking the majority of leave, SPL allows the available leave to be shared between both parents, enabling them to arrange childcare in a way that suits their family and employment circumstances.

The scheme applies to both births and adoptions and is intended to encourage a more balanced approach to parental care by allowing both parents to take extended time away from work. While the right to take SPL is set out in legislation, the way in which leave is taken can vary depending on how parents choose to divide the available entitlement and how employers manage leave requests.

1. What is Shared Parental Leave?

Shared Parental Leave is a statutory entitlement that 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.

Legally, SPL does not create a separate, additional leave entitlement. Instead, it allows eligible parents to share the unused portion of maternity leave or adoption leave, up to the statutory maximum. The entitlement arises when a mother or primary adopter chooses to end their maternity or adoption leave early, a process known as curtailment. Once this happens, the remaining leave and pay can be converted into Shared Parental Leave and Shared Parental Pay, which can then be taken by either parent.

SPL can be taken by:

• the child’s mother and father
• the mother and her partner
• adoptive parents
• intended parents in certain surrogacy arrangements

The leave must be taken within the first 12 months of the child’s birth or placement for adoption.

2. How Shared Parental Leave Works

Under UK employment law, mothers are entitled to 52 weeks of maternity leave, with 39 weeks of statutory maternity pay or maternity allowance potentially available. However, the first two weeks following birth are compulsory maternity leave (or four weeks for factory workers) and cannot be converted into SPL.

If the mother or adopter decides to end maternity or adoption leave early, the unused portion of leave becomes available as Shared Parental Leave.

For example:

• A mother takes 30 weeks of maternity leave and then returns to work.
• The remaining 22 weeks of leave can become SPL.
• The parents can decide how to divide that leave between them.

Parents can therefore:

• take leave at different times
• take leave together
• split leave into separate blocks across the year

This flexibility is a defining feature of SPL and distinguishes it from traditional parental leave arrangements.

3. How SPL Differs from Maternity and Paternity Leave

Shared Parental Leave operates alongside, but separately from, other statutory family leave rights.

Maternity leave provides up to 52 weeks of leave for mothers following childbirth, with statutory maternity pay available for up to 39 weeks.

Paternity leave allows eligible partners to take up to two weeks of leave shortly after the birth or adoption of a child.

Shared Parental Leave differs from these entitlements because it allows parents to share the remaining maternity or adoption leave, providing significantly greater flexibility over how childcare responsibilities are managed.

Unlike maternity leave, SPL can also be taken in multiple periods, rather than as one continuous block, provided the employer agrees to the requested leave pattern. Employers should ensure the organisation’s approach to leave patterns aligns with internal policy frameworks and related workforce arrangements, including any flexible working policy.

Section Summary

Shared Parental Leave allows eligible parents to share the unused portion of maternity or adoption leave following the birth or adoption of a child. Once maternity or adoption leave has been curtailed, up to 50 weeks of leave and up to 37 weeks of statutory pay may be shared between parents during the child’s first year. This system provides greater flexibility for families while requiring employers to understand the statutory rules governing how leave can be requested and taken.

Section B: Shared Parental Leave Eligibility

Shared Parental Leave is only available where specific statutory eligibility conditions are satisfied. These conditions are designed to ensure that SPL is taken by parents who have an established connection to the labour market and who share responsibility for caring for the child.

The eligibility framework is structured around two separate tests: the continuity of employment test, which applies to the employee requesting Shared Parental Leave, and the employment and earnings test, which applies to the employee’s partner. Both tests must generally be satisfied before SPL can be taken.

Employers are not required to investigate the partner’s employment circumstances in detail, but employees must provide declarations confirming that the relevant eligibility requirements have been met.

1. Employee eligibility requirements

To qualify for Shared Parental Leave, an employee must satisfy the continuity of employment test. This requires that the employee:

• has been continuously employed by their employer for at least 26 weeks by the end of the 15th week before the expected week of childbirth, or before the week in which the adopter is notified of a match with a child
• remains employed by that employer while taking Shared Parental Leave
• shares responsibility for caring for the child with the other parent or their partner

In addition, SPL is only available where the statutory framework for creating SPL is met. This means one parent must be entitled to one of the following and must take action to create shared entitlement by curtailing it:

• maternity leave
• statutory maternity pay
• maternity allowance
• adoption leave
• statutory adoption pay

Shared Parental Leave is only available to employees. Individuals working under other arrangements, such as workers or self-employed contractors, do not have a statutory right to take SPL.

2. The employment and earnings test for partners

In addition to the employee meeting the continuity of employment requirement, the employee’s partner must satisfy the employment and earnings test.

Under this test, the partner must:

• have worked for at least 26 weeks in the 66 weeks before the expected week of childbirth or adoption placement, and
• have earned at least £30 per week on average during 13 of those weeks

The partner may have worked as an employee, a worker or a self-employed individual during this period. The purpose of this test is to demonstrate that the partner has a recent connection to the labour market. It does not require the partner to be employed by the same employer as the employee requesting SPL.

Employers are entitled to request certain details about the partner, including their name, address and employer details, but they are not expected to carry out formal verification checks beyond the declarations provided by the employee.

3. Eligibility in adoption and surrogacy arrangements

Shared Parental Leave is also available in adoption and certain surrogacy arrangements.

Where a child is adopted, one adoptive parent will typically take adoption leave, which operates in a similar way to maternity leave. If the primary adopter chooses to end adoption leave early, the remaining entitlement can be converted into Shared Parental Leave.

In surrogacy arrangements, intended parents who obtain a parental order may also be eligible to use SPL once the relevant adoption leave provisions apply.

In each case, the same basic eligibility tests apply. One parent must meet the continuity of employment test, while the partner must satisfy the employment and earnings test.

4. Situations where only one parent qualifies

There may be situations where only one parent qualifies to take Shared Parental Leave.

For example, a self-employed mother may not qualify for statutory maternity pay but may receive maternity allowance instead. Self-employed individuals cannot take SPL, but they may still satisfy the partner employment and earnings test. If maternity allowance is curtailed correctly and the employed partner satisfies the employee eligibility requirements, the employed partner may still be able to take Shared Parental Leave.

Similarly, a partner who does not qualify for SPL themselves may still enable the employee to qualify if they satisfy the employment and earnings test.

These scenarios highlight the importance of employers carefully reviewing the eligibility declarations submitted by employees when assessing SPL requests.

Section Summary

Shared Parental Leave eligibility depends on two statutory tests. The employee requesting SPL must satisfy the continuity of employment test, requiring at least 26 weeks of continuous service with their employer by the 15th week before the expected week of childbirth or adoption placement. In addition, the employee’s partner must satisfy the employment and earnings test, demonstrating recent labour market participation. Where both tests are met and maternity or adoption leave or pay has been curtailed, the remaining entitlement may be converted into Shared Parental Leave.

Section C: Shared Parental Leave Notice & Request Process

Employees who wish to take Shared Parental Leave must follow a statutory notification procedure set out in the Shared Parental Leave Regulations 2014. The process is designed to give employers sufficient notice to manage workforce planning while ensuring employees are able to exercise their statutory entitlement.

The SPL notification framework involves several distinct stages, including eligibility declarations, curtailment notices and formal leave booking notices. Employers should ensure that managers and HR personnel understand these procedural requirements, as errors in the handling of notices can lead to disputes or potential claims under wider employment law protections.

1. Curtailment notice

The Shared Parental Leave system only becomes available once maternity leave or adoption leave has been curtailed. This means the mother or primary adopter must formally notify their employer that they intend to end their maternity or adoption leave early.

This notification is known as a curtailment notice. Once it has been submitted, the remaining leave entitlement becomes available as Shared Parental Leave that may be shared between the parents.

The curtailment notice must normally be given at least eight weeks before the intended end date of maternity or adoption leave. After the curtailment takes effect, the remaining leave may be converted into SPL.

Employers should note that curtailment notices can only be withdrawn in limited circumstances, such as where the notice was submitted before the child was born and the employee subsequently decides to remain on maternity leave.

2. Notice of entitlement and intention

Once maternity or adoption leave has been curtailed, the employee must submit a formal notice of entitlement and intention to their employer.

This notice confirms that the employee intends to take Shared Parental Leave and provides key information required by the employer to assess eligibility and plan workforce arrangements.

The notice must normally include:

• the names of both parents
• the expected week of childbirth or adoption placement
• confirmation that eligibility tests are satisfied
• details of the total amount of SPL available
• how much leave each parent intends to take

The employee must also provide declarations confirming that the information supplied is accurate and that the eligibility conditions have been met. Employers may request additional details relating to the partner’s employment, although they are not required to conduct independent verification checks.

3. Booking leave periods

After submitting the notice of entitlement and intention, the employee must provide a period of leave notice to formally request specific periods of Shared Parental Leave.

Employees may submit up to three separate leave booking notices. Each notice can request either:

• a continuous block of leave, or
• separate blocks of leave separated by periods of work

Continuous leave requests must normally be accepted by the employer. However, where an employee requests discontinuous leave patterns, the employer may:

• agree to the request
• propose alternative dates
• refuse the discontinuous pattern

If an employer refuses a discontinuous leave request, the employee may withdraw the request or take the leave as a continuous block instead.

All leave booking notices must normally be submitted at least eight weeks before the requested leave start date.

4. Employer response and discussion period

Where employees request discontinuous leave patterns, the legislation allows for a two-week discussion period during which the employer and employee may attempt to reach agreement on how the leave will be structured.

This discussion period is intended to encourage flexibility and cooperation between both parties while ensuring employers are able to maintain business continuity.

Employers should approach these discussions reasonably and consistently, taking into account operational requirements, staffing levels and organisational policies. In many workplaces, Shared Parental Leave arrangements may interact with wider workforce policies, including procedures relating to flexible working requests.

Section Summary

The Shared Parental Leave process requires employees to follow a structured notification procedure. This typically involves submitting a curtailment notice to end maternity or adoption leave early, followed by a notice of entitlement and intention and one or more leave booking notices. Employers must respond to these notices in accordance with the statutory framework and should engage constructively with employees during the discussion period where discontinuous leave patterns are requested.

Section D: Shared Parental Leave Pay

In addition to the entitlement to take Shared Parental Leave, eligible parents may also qualify for statutory Shared Parental Pay (ShPP). This allows parents to receive statutory pay during periods of Shared Parental Leave, provided the relevant eligibility conditions are satisfied.

The pay framework mirrors the way in which leave is shared between parents. Once maternity or adoption pay has been curtailed, the remaining portion of statutory pay may be converted into Shared Parental Pay and divided between the parents.

For employers, understanding how statutory Shared Parental Pay operates is essential, as the employer will normally be responsible for administering and paying ShPP through payroll in a similar way to other statutory family payments.

1. Statutory Shared Parental Pay

Statutory Shared Parental Pay is available for up to 37 weeks, reflecting the maximum amount of statutory maternity pay or statutory adoption pay that may be shared.

For the 2024–2025 tax year, statutory Shared Parental Pay is paid at the lower of:

• £184.03 per week, or
• 90% of the employee’s average weekly earnings

This rate is reviewed annually by the UK government and may change each tax year. Employers should therefore ensure payroll systems are updated to reflect the correct statutory rate.

Where Shared Parental Leave follows maternity leave, the amount of statutory maternity pay already received will reduce the amount of Shared Parental Pay available. For example, if the mother receives 20 weeks of statutory maternity pay before curtailing maternity leave, only the remaining weeks of statutory pay can be converted into Shared Parental Pay.

Employers administering ShPP must comply with statutory payroll obligations and record-keeping requirements similar to those applying to statutory maternity pay.

2. Eligibility for Shared Parental Pay

To qualify for statutory Shared Parental Pay, an employee must meet the eligibility criteria set out in the Statutory Shared Parental Pay (General) Regulations 2014.

The employee must:

• have been continuously employed for at least 26 weeks by the end of the 15th week before the expected week of childbirth
• remain employed by the same employer during the period in which ShPP is paid
• have average weekly earnings of at least the Lower Earnings Limit for National Insurance purposes

As with SPL leave eligibility, the employee’s partner must also satisfy the employment and earnings test.

Employees must provide the necessary declarations confirming eligibility when submitting their Shared Parental Leave notices.

3. Enhanced Shared Parental Pay

Some employers choose to offer enhanced parental pay arrangements that exceed the statutory minimum. These enhanced policies may include higher pay rates during Shared Parental Leave or extended periods of paid leave.

Enhanced Shared Parental Pay is commonly found in the public sector and in larger private sector organisations that offer comprehensive family-friendly benefits.

Employers offering enhanced pay should ensure that the terms of these policies are clearly set out in the employee’s employment contract or within a formal family leave policy. Employers should also consider equality implications when structuring enhanced parental benefits to avoid potential claims relating to discrimination.

Section Summary

Shared Parental Pay allows eligible parents to receive statutory pay during periods of Shared Parental Leave. Up to 37 weeks of statutory pay may be available once maternity or adoption pay has been curtailed. The statutory rate is paid at the lower of the prescribed weekly rate or 90% of average weekly earnings. Some employers provide enhanced parental pay arrangements, but these must be clearly documented and administered consistently.

Section E: Shared Parental Leave Patterns & KIT Days

One of the defining features of Shared Parental Leave is the flexibility it offers in how leave can be structured. Unlike maternity leave, which is normally taken as one continuous period, Shared Parental Leave may be taken in a number of different patterns across the first year following a child’s birth or adoption.

This flexibility allows parents to coordinate childcare arrangements more effectively, but it can also create practical challenges for employers. Organisations therefore need to understand how leave patterns work and how the statutory rules apply when employees request non-standard leave arrangements.

1. Continuous and discontinuous leave

Employees may request Shared Parental Leave either as a continuous block or as discontinuous blocks of leave.

Continuous leave refers to a single uninterrupted period of Shared Parental Leave. For example, an employee may request to take twelve consecutive weeks of leave.

Discontinuous leave involves multiple periods of leave separated by periods of work. For example, an employee may request four weeks of leave, return to work for a period, and then take another block of leave later in the year.

Under the statutory framework:

• employers must normally accept requests for continuous leave
• employers may refuse requests for discontinuous leave patterns
• where discontinuous leave is refused, the employee may choose to take the leave as a continuous block instead

Because discontinuous leave patterns can create workforce planning challenges, many employers address this issue within internal policies such as a flexible working policy or family leave policy.

2. Parents taking leave at the same time

Unlike maternity and paternity leave arrangements, Shared Parental Leave allows both parents to take leave at the same time.

This means parents could decide to spend time together caring for the child during the first year. Alternatively, parents may decide to stagger leave periods so that one parent is at home while the other returns to work.

The law does not restrict parents from taking leave simultaneously, provided the total available leave entitlement is not exceeded.

For example:

• both parents could take eight weeks of Shared Parental Leave at the same time
• one parent may take leave first, followed by the other parent later in the year
• parents may alternate periods of leave throughout the year

These arrangements provide flexibility for families but require employers to carefully monitor how much leave remains available under the shared entitlement.

3. Shared Parental Leave In Touch (SPLIT) days

During Shared Parental Leave, employees may agree with their employer to work occasional days without bringing their leave period to an end. These are known as Shared Parental Leave In Touch days, commonly referred to as SPLIT days.

Each parent may work up to 20 SPLIT days during Shared Parental Leave. These days are separate from the Keeping In Touch (KIT) days available during maternity leave.

SPLIT days can be used for a variety of purposes, including:

• attending training or professional development sessions
• participating in important meetings or projects
• supporting a gradual transition back to work

Both the employer and employee must agree before SPLIT days are worked. Employers cannot require employees to work these days, and employees cannot insist on working them if the employer does not agree.

Payment arrangements for SPLIT days should be agreed between the employer and employee in advance.

Section Summary

Shared Parental Leave offers significant flexibility in how leave may be taken. Employees may request either continuous or discontinuous leave patterns, although employers are not required to accept discontinuous requests. Parents may also take leave at the same time, provided the total shared entitlement is not exceeded. During Shared Parental Leave, employees may work up to 20 SPLIT days by agreement with their employer, allowing them to maintain contact with the workplace while remaining on leave.

Section E: Shared Parental Leave Patterns & KIT Days

One of the defining features of Shared Parental Leave is the flexibility it offers in how leave can be structured. Unlike maternity leave, which is normally taken as one continuous period, Shared Parental Leave may be taken in a number of different patterns across the first year following a child’s birth or adoption.

This flexibility allows parents to coordinate childcare arrangements more effectively, but it can also create practical challenges for employers. Organisations therefore need to understand how leave patterns work and how the statutory rules apply when employees request non-standard leave arrangements.

1. Continuous and discontinuous leave

Employees may request Shared Parental Leave either as a continuous block or as discontinuous blocks of leave.

Continuous leave refers to a single uninterrupted period of Shared Parental Leave. For example, an employee may request to take twelve consecutive weeks of leave.

Discontinuous leave involves multiple periods of leave separated by periods of work. For example, an employee may request four weeks of leave, return to work for a period, and then take another block of leave later in the year.

Under the statutory framework:

• employers must normally accept requests for continuous leave
• employers may refuse requests for discontinuous leave patterns
• where discontinuous leave is refused, the employee may choose to take the leave as a continuous block instead

Because discontinuous leave patterns can create workforce planning challenges, many employers address this issue within internal policies such as a flexible working policy or family leave policy.

2. Parents taking leave at the same time

Unlike maternity and paternity leave arrangements, Shared Parental Leave allows both parents to take leave at the same time.

This means parents could decide to spend time together caring for the child during the first year. Alternatively, parents may decide to stagger leave periods so that one parent is at home while the other returns to work.

The law does not restrict parents from taking leave simultaneously, provided the total available leave entitlement is not exceeded.

For example:

• both parents could take eight weeks of Shared Parental Leave at the same time
• one parent may take leave first, followed by the other parent later in the year
• parents may alternate periods of leave throughout the year

These arrangements provide flexibility for families but require employers to carefully monitor how much leave remains available under the shared entitlement.

3. Shared Parental Leave In Touch (SPLIT) days

During Shared Parental Leave, employees may agree with their employer to work occasional days without bringing their leave period to an end. These are known as Shared Parental Leave In Touch days, commonly referred to as SPLIT days.

Each parent may work up to 20 SPLIT days during Shared Parental Leave. These days are separate from the Keeping In Touch (KIT) days available during maternity leave.

SPLIT days can be used for a variety of purposes, including:

• attending training or professional development sessions
• participating in important meetings or projects
• supporting a gradual transition back to work

Both the employer and employee must agree before SPLIT days are worked. Employers cannot require employees to work these days, and employees cannot insist on working them if the employer does not agree.

Payment arrangements for SPLIT days should be agreed between the employer and employee in advance.

Section Summary

Shared Parental Leave offers significant flexibility in how leave may be taken. Employees may request either continuous or discontinuous leave patterns, although employers are not required to accept discontinuous requests. Parents may also take leave at the same time, provided the total shared entitlement is not exceeded. During Shared Parental Leave, employees may work up to 20 SPLIT days by agreement with their employer, allowing them to maintain contact with the workplace while remaining on leave.

Section F: Employee Rights During Shared Parental Leave

Employees taking Shared Parental Leave retain a number of important statutory rights and protections under UK employment law. These rights ensure that employees are not disadvantaged because they have exercised their entitlement to Shared Parental Leave and help protect employees from unfair treatment or discrimination related to family leave.

Employers must ensure that employees taking SPL are treated fairly and consistently. Failure to comply with these protections can lead to tribunal claims, including claims for unfair dismissal or discrimination under wider employment law principles.

1. Protection from dismissal and detriment

Employees are legally protected from being dismissed or treated unfairly because they have requested or taken Shared Parental Leave.

Where an employee is dismissed for a reason connected with Shared Parental Leave, the dismissal may be considered automatically unfair. This means the employee does not need to meet the usual qualifying period of service required for ordinary unfair dismissal claims.

Employees are also protected from workplace detriment. For example, it would be unlawful for an employer to treat an employee unfavourably because they requested Shared Parental Leave or because they intend to share childcare responsibilities.

These protections form part of broader statutory protections against automatically unfair dismissal and workplace discrimination.

2. Employment terms and conditions during SPL

During Shared Parental Leave, employees remain employed by their organisation. As a result, most of the employee’s contractual rights continue throughout the leave period.

Employees continue to benefit from the terms set out in their employment contract, except for their right to receive normal salary during periods where statutory pay applies.

For example, employees taking SPL normally continue to accrue:

• annual leave entitlement
• pension contributions, subject to scheme rules
• contractual benefits such as private medical insurance or company car allowances

Employers should ensure that internal policies clearly explain which benefits continue during Shared Parental Leave and how statutory pay interacts with existing contractual arrangements.

3. The right to return to work

Employees taking Shared Parental Leave have a statutory right to return to work following the end of their leave period.

Where an employee takes 26 weeks or less of Shared Parental Leave, they have the right to return to the same job they held before their leave began.

Where the employee takes more than 26 weeks of combined maternity, adoption and Shared Parental Leave, they still have the right to return to their job unless it is not reasonably practicable for the employer to reinstate them in the same role. In such cases, the employer must offer a suitable alternative role with equivalent terms and conditions.

These protections ensure employees are not disadvantaged in their career progression or job security because they take family leave.

4. Redundancy protection during parental leave

Employees taking Shared Parental Leave benefit from enhanced redundancy protections in certain circumstances.

If an employee’s role becomes redundant while they are on Shared Parental Leave, the employer must consider whether any suitable alternative roles are available within the organisation. Employees on parental leave may be entitled to priority consideration for such roles during a redundancy consultation.

These protections exist to ensure employees are not placed at a disadvantage because they are temporarily absent from the workplace.

Employers should therefore ensure that redundancy processes are managed carefully and in line with established procedures relating to redundancy selection and consultation.

Section Summary

Employees taking Shared Parental Leave remain protected under UK employment law. They are protected from dismissal or detriment related to their leave, continue to benefit from most contractual terms and conditions, and have the right to return to their job following leave. Employers must also ensure redundancy procedures are handled fairly where employees are on parental leave.

Section G: Shared Parental Leave in Specific Sectors

While the statutory framework governing Shared Parental Leave applies across all sectors of the UK economy, the way in which the scheme operates in practice can vary depending on the nature of the employer and the structure of the workforce. Public sector organisations and large employers often provide enhanced parental leave benefits that go beyond the statutory minimum, while certain sectors face operational challenges when accommodating extended leave patterns.

Employers must ensure that any sector-specific practices remain compliant with the Shared Parental Leave Regulations 2014 and wider employment law requirements. Organisations should also ensure their internal policies clearly explain how SPL operates within their workforce, including how leave patterns interact with workforce planning, staffing needs and any existing flexible working policy.

1. Shared Parental Leave for teachers

Teachers working in schools, academies and other educational institutions are entitled to Shared Parental Leave under the same statutory framework that applies to other employees.

However, the structure of the academic year can influence how SPL is planned in practice. Teachers may request leave that aligns with school terms, holidays or examination periods, which can affect staffing arrangements and the availability of cover.

Schools must still comply with the statutory rules governing Shared Parental Leave, including eligibility requirements, notice periods and employee rights during leave. At the same time, school leadership teams often need to balance these rights with the operational demands of delivering education throughout the academic year.

Many schools and local authorities also provide enhanced parental leave provisions that supplement statutory entitlements, particularly within larger academy trusts or local authority employment frameworks.

2. Shared Parental Leave in the NHS

Employees working within the National Health Service are also eligible for Shared Parental Leave where the statutory eligibility requirements are satisfied.

The NHS operates under nationally agreed employment frameworks, such as the Agenda for Change terms and conditions, which may include enhanced family leave provisions beyond the statutory minimum.

These enhanced policies may provide improved pay arrangements or additional flexibility in how leave is structured. However, the statutory SPL framework still forms the legal foundation for how Shared Parental Leave is created and managed.

Healthcare employers must also consider workforce planning challenges, particularly where specialist roles are difficult to cover or where services must operate continuously. As a result, careful workforce planning and clear communication with employees are essential when managing Shared Parental Leave within healthcare settings.

3. Shared Parental Leave in the public sector

Public sector organisations, including government departments, local authorities and civil service bodies, frequently offer enhanced family leave policies that build on statutory Shared Parental Leave rights.

These policies may include:

• enhanced parental pay above statutory Shared Parental Pay
• additional flexibility in structuring leave
• family-friendly working policies designed to support employee wellbeing

Enhanced parental policies are often used as part of broader workforce strategies to support recruitment, retention and equality objectives. However, employers must still ensure their policies remain consistent with statutory obligations and do not inadvertently create discrimination risks under wider equality law principles.

Section Summary

Shared Parental Leave applies across all sectors of the UK workforce, although the way it is implemented may vary depending on organisational policies and operational needs. Sectors such as education and healthcare often face additional workforce planning considerations, while many public sector employers provide enhanced parental leave benefits that go beyond the statutory minimum.

Section H: Regional Differences in Shared Parental Leave Across the UK

Shared Parental Leave operates under a statutory framework that applies across most of the United Kingdom. However, because employment law is administered through slightly different legislative systems in Northern Ireland compared with Great Britain, employers and employees should be aware that there can be differences in the relevant legislation and guidance.

In practical terms, the operation of Shared Parental Leave is broadly consistent throughout the UK. The entitlement to share leave and statutory pay following the birth or adoption of a child applies across England, Wales, Scotland and Northern Ireland. The main differences arise from the legislation used to implement the scheme rather than the substance of the rights themselves.

1. Shared Parental Leave in England, Wales and Scotland

In England, Wales and Scotland, Shared Parental Leave is primarily governed by the Shared Parental Leave Regulations 2014 and the Statutory Shared Parental Pay (General) Regulations 2014.

These regulations introduced the SPL regime in April 2015 and created the legal framework allowing eligible parents to share leave and statutory pay after the birth or adoption of a child.

Under these regulations, eligible parents may share up to 50 weeks of leave and up to 37 weeks of statutory pay once maternity or adoption leave has been curtailed.

The same eligibility tests, notice requirements and leave rules apply across England, Wales and Scotland, meaning employers operating in these jurisdictions can generally apply the same policies and procedures.

2. Shared Parental Leave in Northern Ireland

Northern Ireland operates under its own employment law framework, meaning Shared Parental Leave is implemented through equivalent Northern Ireland legislation rather than the Great Britain regulations.

Despite this separate legislative framework, the structure and operation of Shared Parental Leave in Northern Ireland are broadly similar to those in England, Wales and Scotland.

Eligible parents in Northern Ireland can also share leave and statutory pay following the birth or adoption of a child, provided the relevant eligibility criteria and notice requirements are satisfied.

Employers operating in Northern Ireland should ensure that their policies refer to the correct Northern Ireland legislation and guidance where necessary, particularly when drafting internal family leave policies.

Section Summary

Shared Parental Leave applies throughout the United Kingdom, although the legislative framework differs slightly between Great Britain and Northern Ireland. In England, Wales and Scotland the scheme is governed by the Shared Parental Leave Regulations 2014, while Northern Ireland operates equivalent provisions within its own employment law framework. In practice, however, the structure and operation of Shared Parental Leave is largely consistent across all UK jurisdictions.

Shared Parental Leave FAQs

1. What is Shared Parental Leave in the UK?

Shared Parental Leave (SPL) is a statutory employment right that allows eligible parents to share leave following the birth or adoption of a child. Once maternity or adoption leave has been curtailed, up to 50 weeks of leave and up to 37 weeks of statutory pay may be shared between parents during the child’s first year.

2. Who qualifies for Shared Parental Leave?

An employee must have at least 26 weeks of continuous employment with their employer by the end of the 15th week before the expected week of childbirth or adoption placement. In addition, the employee’s partner must meet the employment and earnings test, demonstrating recent participation in the labour market.

3. How much Shared Parental Leave can parents take?

Eligible parents can share up to 50 weeks of leave once maternity or adoption leave has been curtailed. The leave must be taken within the first 12 months following the birth or adoption of the child.

4. How much is Shared Parental Leave pay?

Statutory Shared Parental Pay is paid at the lower of the statutory weekly rate set by the government or 90% of the employee’s average weekly earnings. The statutory rate is reviewed each tax year.

5. Can both parents take Shared Parental Leave at the same time?

Yes. Parents can take Shared Parental Leave at the same time provided the total shared leave entitlement is not exceeded. This flexibility allows parents to spend time together caring for their child during the first year.

6. Can Shared Parental Leave be taken in separate blocks?

Yes. Shared Parental Leave can be taken in continuous or discontinuous blocks. Employers must normally accept continuous leave requests, although they may refuse discontinuous leave patterns where operational difficulties arise.

7. What are SPLIT days?

SPLIT days (Shared Parental Leave In Touch days) allow employees to work up to 20 days during Shared Parental Leave without ending their leave. These days are separate from maternity Keeping in Touch (KIT) days and must be agreed between the employer and employee.

8. Can an employer refuse Shared Parental Leave?

Employers cannot refuse Shared Parental Leave where the employee meets the eligibility requirements and has provided the correct statutory notices. However, employers may refuse requests for discontinuous leave patterns.

9. Are employees protected from dismissal during Shared Parental Leave?

Yes. Employees are protected from dismissal or workplace detriment because they have requested or taken Shared Parental Leave. In some circumstances, dismissal related to SPL may constitute automatically unfair dismissal.

10. Does Shared Parental Leave affect redundancy rights?

Employees taking Shared Parental Leave remain protected during redundancy situations and may have priority rights to suitable alternative roles during a redundancy consultation process.

Conclusion

Shared Parental Leave provides families with greater flexibility in how they manage childcare during the first year following the birth or adoption of a child. By allowing parents to share leave and statutory pay, the scheme supports a more balanced approach to family responsibilities while enabling parents to remain connected to the labour market.

For employers, however, the system introduces several legal and administrative responsibilities. Organisations must understand eligibility rules, notice requirements, statutory pay obligations and employee protections to ensure Shared Parental Leave requests are handled lawfully and consistently.

Employers should ensure that internal family leave policies clearly explain how Shared Parental Leave operates within their organisation. Policies should also align with broader workplace frameworks such as flexible working and equality obligations under UK employment law.

By adopting clear policies and maintaining open communication with employees, employers can support working parents while ensuring business operations continue to run effectively.

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