What is Shared Parental Leave and which law governs it in the UK?
Shared Parental Leave (SPL) was introduced by the Shared Parental Leave Regulations 2014 and came into force in December 2014. It allows eligible parents to share up to 50 weeks of leave and up to 37 weeks of Statutory Shared Parental Pay (ShPP) in the first year after their child is born or placed for adoption.
How does the mother or primary adopter curtail their leave to trigger SPL?
The mother or primary adopter must formally curtail their statutory maternity or adoption leave by giving their employer a curtailment notice. Once the curtailment notice takes effect, the remaining leave becomes available to share. The notice must normally be given at least eight weeks before it takes effect.
What are the eligibility requirements for Shared Parental Leave?
Both parents must be employees or workers meeting a continuity of employment test (26 weeks with the same employer by the 15th week before the expected week of childbirth). Each parent must also meet an earnings test (average weekly earnings at or above the Lower Earnings Limit). Self-employed parents cannot take SPL themselves but their partner may be eligible.
How many notices must be given to take Shared Parental Leave?
Up to three separate notices of booking can be given. Each notice requires at least eight weeks before the leave begins and must state the start and end dates. Partners who work for different employers must each give their own employer the required notices. You can submit all three notices at once if the dates are already known.
What is the difference between Statutory Shared Parental Pay and enhanced pay?
Statutory Shared Parental Pay (ShPP) is paid by the employer at the government-set weekly rate (currently £184.03 per week or 90% of average weekly earnings if lower). Enhanced SPL pay is a contractual benefit some employers offer above the statutory minimum. If your employer offers enhanced maternity pay, you should check whether they also offer enhanced SPL pay, as failing to do so may amount to indirect sex discrimination.
How does ordinary paternity leave interact with Shared Parental Leave?
Ordinary Statutory Paternity Leave (SPL) remains a separate two-week entitlement and must be taken as a whole block within 56 days of the birth. It is entirely separate from Shared Parental Leave. A father or partner can take both: the two weeks of paternity leave first, then use Shared Parental Leave for additional time. Using SPL does not reduce the paternity leave entitlement.
Can an employer refuse a Shared Parental Leave request?
Employers cannot refuse SPL itself as it is a statutory right. However, if you request discontinuous leave (non-consecutive blocks), the employer can refuse and require you to take the leave as one continuous block or withdraw the notice entirely. An employer who dismisses or subjects an employee to a detriment because of SPL commits an automatically unfair dismissal or unlawful detriment, claimable at the Employment Tribunal.
What are Keeping in Touch (KIT) and Shared Parental Leave in Touch (SPLIT) days?
During maternity leave a mother can use up to 10 Keeping in Touch days without ending her leave. During Shared Parental Leave each parent can take up to 20 Shared Parental Leave in Touch (SPLIT) days without ending their SPL period. These days are agreed between employer and employee and do not affect ShPP entitlement.
What is the time limit for bringing a Shared Parental Leave claim at the Employment Tribunal?
Claims for unfair dismissal or detriment connected to SPL must be submitted to the Employment Tribunal within three months less one day of the act complained of. Before submitting an ET1 claim form you must notify ACAS to begin Early Conciliation, which pauses the time limit for the duration of the conciliation period.
How does uplaw.ai help with Shared Parental Leave in the UK?
Tell us your situation in the chat — your employment status, your partner's employment status, when the baby is due, and what leave you want to take. uplaw.ai helps you identify the right forms and notifications, work out your ShPP entitlement, and draft the notices you need to give your employer without paying for a solicitor.
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