ACAS Shared Parental Leave: Guide for Employers

Eligible employees are entitled to take time off work as shared parental leave (SPL). As an employer, you will need to understand the statutory rights and responsibilities of your employees in relation to SPL and what this means for your business in practice when handling a request for SPL.

Shared Parental Leave allows eligible parents to share up to 50 weeks of leave and 37 weeks of statutory pay following the birth or adoption of a child. It provides flexibility for parents to take leave in blocks or all at once, enabling them to balance work and family responsibilities. ACAS provides guidance to help employers understand their obligations and manage SPL requests effectively.

Employers must handle requests fairly and in line with the law to avoid discrimination claims. It is important to ensure that employees are aware of their rights and the procedures for requesting SPL. Policies should be clear and applied consistently across the organisation to prevent misunderstandings and disputes.

One consideration is how shared leave arrangements may impact workforce planning, requiring adjustments to cover responsibilities while maintaining operational efficiency. Employers should also be mindful of the potential impact on employee engagement and retention by offering support and flexibility.

 

Shared parental leave (SPL) & shared parental pay (ShPP)

 

Shared parental leave (SPL) refers to the right of working parents to share the mother’s statutory entitlement to maternity leave. SPL allows eligible parents to share up to 50 weeks of leave and up to 37 weeks of statutory pay.

Before SPL can be used, the mother must take at least two weeks of compulsory maternity leave (or four weeks if working in a factory). The mother must then curtail her maternity leave and pay entitlement to create shared leave options.

Once maternity pay has been curtailed, both parents can decide how to divide the remaining leave and pay entitlement.As such, working parents are jointly entitled to a maximum of 50 weeks of leave, and up to a maximum of 37 weeks of pay.

Shared Parental Pay (ShPP) is a statutory payment that eligible parents can receive while taking Shared Parental Leave (SPL). It allows parents to share up to 37 weeks of statutory pay following the birth or adoption of a child. The purpose of ShPP is to provide financial support while enabling parents to take leave in a flexible manner that suits their family and work commitments.

ShPP is paid at the statutory rate set by the government, which is currently £172.48 per week (as of April 2024), or 90% of the employee’s average weekly earnings if this amount is lower. Unlike Statutory Maternity Pay (SMP), which provides higher earnings for the first six weeks, ShPP is paid at the flat statutory rate throughout the entire pay period.

Parents can take SPL and claim ShPP:

 

• Concurrently: Both parents can take leave at the same time and claim ShPP during overlapping periods.
• In turns: Parents can alternate their leave and pay periods based on their childcare needs.
• In blocks: SPL can be taken in separate periods, and ShPP can be claimed only during weeks of leave.

 

If one parent is not eligible for SPL or ShPP, the other parent may still be able to take their portion of the entitlement, depending on their eligibility. However, unused leave and pay cannot be carried forward beyond the first year after the birth or adoption.

 

Eligibility criteria for SPL

 

Eligibility for SPL and ShPP requires both parents to share responsibility for the child from birth or placement (for adoption) and to meet specific employment and earnings criteria:

 

• Share primary responsibility for the child. Please note, as a birth parent, you will not be eligible for SPL if you started to share responsibility for the child after the birth.
• Meet the relevant work and pay requirements, depending on which parent, or whether both parents, want to use the shared parental leave and pay (see below).

 

 

Parents sharing SPL

 

In the event that both parents want to share the SPL and ShPP, they must meet the following work and pay requirements:

 

• Have been employed continuously by the same UK employer for at least 26 weeks by the end of the 15th week before the due date or, as an adoptive parent, by the end of the week they were matched with the child
• Remain employed by the same employer throughout the SPL
• Be ‘employees’ not ‘workers’
• Earn individually at least £123 per week, as an average

 

In the event that either parent is classed as a worker rather than an employee, they may be precluded from sharing their SPL but should still be entitled to share their ShPP. On the other hand, where either parent earns less than £118 per week, they can share their SPL but not the ShPP.

 

Where only one of the parents wants to take the SPL

 

The rules differ here for birth and adoptive parents. For birth parents, where the mother’s partner wants to take the SPL and ShPP, the mother must have worked for at least 26 weeks in the 66 weeks before the baby’s due date, earning a minimum total of £390 in any 13 weeks within this period.

 

The mother’s partner must also meet the following:

 

• Continuous employment with the same employer for a minimum of 26 weeks by the end of the 15th week prior to the baby’s due date
• Remain with the same employer for the duration of their SPL
• Qualify as an employee, rather than a worker
• Earn a minimum of £118 a week on average

 

If, on the other hand, the mother wants to take the SPL and ShPP, the mother’s partner must satisfy the following requirements:

 

• During the 66 weeks immediatly prior to the week the baby is due, they must have been working for at least 26 weeks
• Have earned at least £390 in total across any 13 of the 66 week period

 

The mother must also show she meets the following:

 

• Continuous employment with the same employer for a minimum of period of 26 weeks by the end of the 15th week before the baby’s due date
• Remain with the same employer during SPL
• Qualify as an ‘employee’ not a ‘worker’
• Earn a minimum of £118 per week, on average

 

In the case of adoptive parents, where only one of them wants to take the statutory entitlements, the parent who wants to take the leave and pay must satisfy the following requirements:

 

• Have been employed continuously by the same employer for at least 26 weeks by the end of the week they were matched with the child
• Remain with the same employer while they take SPL
• Be an ‘employee’ not a ‘worker’
• Earn on average at least £118 each a week

 

The other parent must also:

 

• Have been working for at least 26 weeks during the 66 weeks before the week the child was placed with them
• Have earned at least £390 in total in 13 of the 66 weeks

 

Again, as in the case where both parents want to share the SLP and ShPP, slightly different rules apply where one of the parents is classed as a worker or earns less than £118 per week.

 

What to include in a shared parental leave policy

 

A well-structured Shared Parental Leave (SPL) policy should provide employees with clear guidance on their rights and responsibilities while ensuring the organisation complies with legal obligations. The policy should cover several key aspects to support both employees and the business.

Firstly, the policy should outline eligibility criteria, explaining who qualifies for SPL and Shared Parental Pay (ShPP). It should specify that both parents must share responsibility for the child and meet certain employment and earnings criteria. The policy should also clarify the conditions under which SPL can be taken, such as the requirement for the mother or primary adopter to curtail their maternity or adoption leave to create SPL entitlement.

The policy should include details on employee entitlements, stating that eligible parents can share up to 50 weeks of leave and up to 37 weeks of pay. It should explain that SPL can be taken in a single continuous block or in multiple discontinuous blocks, allowing parents flexibility in how they share their leave.

A clear explanation of the notification and application process should be provided. Employees should be informed that they must give at least eight weeks’ written notice before starting SPL. The policy should outline the information required in the notification, such as leave dates and partner details, and explain how employees can amend or cancel their SPL request with sufficient notice.

The policy should detail the process for curtailing maternity or adoption leave, specifying that the mother or primary adopter must provide written notice to end their leave early. It should outline the timing and legal implications of curtailment.

Employers should also set out their right to refuse discontinuous leave, clarifying that while employees have the right to request SPL, the employer can refuse discontinuous leave if it would disrupt business operations. However, continuous leave requests must be accepted.

The policy should include information about rights during SPL, ensuring employees understand that they continue to accrue annual leave, retain pension contributions, and receive contractual benefits. It should also highlight that employees are legally protected from unfair treatment or dismissal for taking SPL.

Employees should be made aware of their return to work rights, specifying that they are entitled to return to the same job, or a similar role if SPL was taken for an extended period.

Details on pay and benefits during SPL should be provided, including statutory pay rates and any enhanced company benefits. The policy should clarify how pay is calculated and when it will be paid.

The policy should also explain the use of Shared Parental Leave In Touch (SPLIT) days, which allow employees to work up to 20 days without ending their SPL, and how these days can be arranged with their employer.

Employers should set clear expectations regarding the responsibilities of employees, such as the need to provide accurate information and respond to any employer requests promptly. Employees should also be encouraged to discuss their leave plans with their managers to facilitate effective workforce planning.

The policy should also include details on record-keeping and compliance, explaining how the employer will handle SPL records while ensuring compliance with legal obligations and data protection regulations under UK GDPR.

Finally, the policy should provide support and guidance, offering employees contact details for HR or management personnel who can assist with any queries related to SPL.

 

Employee entitlements under shared parental leave

 

Where an employee is eligible for shared parental leave, this does not need to be taken in one single tranche, but rather can be taken in up to three blocks, with additional flexibility subject to employer agreement. That said, any SPL must be shared within the first year after the child is born or, in the case of adoption, after the child is placed with the parents.

Shared parental pay will need to be paid at a rate of £172.48 a week (from April 2024), or 90% of an employee’s average weekly earnings, whichever is lower. This is the same rate as statutory maternity pay (SMP), save except that during the first 6 weeks SMP is paid at 90% of whatever an employee earns, without any maximum.

 

How an employee can apply for SPL and ShPP

 

To apply for SPL and ShPP the employee must provide you with at least 8 weeks’ written notice of their leave dates using the appropriate forms, specifying their leave pattern. Their partner will need to make a separate application to their own employer so as to benefit.

For shared parental leave to start the mother must either return to work, which ends any maternity leave, or give you what’s known as binding notice of the date on which she plans to end her leave. Similarly, the mother will need to give you notice of the date when she plans to end any maternity pay.

An employee is permitted to change their mind as to how much SPL and/or ShPP they plan to take, in addition to when they want to take it, although they must provide you with notice of any changes at least 8 weeks before the start of any shared parental leave.

As the employer, you are entitled to ask for further information within 14 days of an employee applying for shared parental leave, including, for example, the partner’s employment details and a copy of the birth certificate. This will need to be provided by your employee within 14 days of it being requested. failure to provide requested information could result in a delay or refusal of SPL.

 

Need assistance?

 

When dealing with workforce issues, it is important to consider the full legal risks and rights of your workers. Our employment lawyers are on hand to help you assess the circumstances and understand the options that are in your best interests, not least to avoid unwanted tribunal claims and damage to reputation.

As employment law specialists, we can assist if you have any queries relating to employee entitlements, both contractual and statutory. Working closely with our professional HR consultants, we are able to provide a holistic view of personnel management solutions. Speak to our experts today for advice.

 

Share parental leave FAQs

 

What is Shared Parental Leave (SPL)?

Shared Parental Leave allows eligible parents to share up to 50 weeks of leave and 37 weeks of pay following the birth or adoption of a child. It offers flexibility in how leave is taken.

 

Who is eligible for SPL?

To qualify, both parents must meet certain employment and earnings criteria. They must share responsibility for the child and the mother or adopter must have curtailed their maternity or adoption leave.

 

How can SPL be taken?

SPL can be taken in blocks or all at once. Parents can take leave at the same time or separately, allowing them to balance work and childcare responsibilities.

 

How much notice must employees give to take SPL?

Employees must provide at least 8 weeks’ notice before starting SPL. They must also submit a notice of entitlement and intention to take leave.

 

Can an employer refuse a request for SPL?

Employers cannot refuse SPL if the request meets the legal requirements. However, they can decline requests for discontinuous leave patterns if they disrupt business operations.

 

What pay is available during SPL?

Eligible parents may receive up to 37 weeks of Shared Parental Pay (ShPP), which is paid at the statutory rate set by the government or 90% of their average weekly earnings, whichever is lower.

 

Can SPL be taken after maternity leave?

Yes, SPL can be taken after maternity leave as long as the mother or adopter has given notice to end their statutory leave early.

 

What happens if both parents work for the same employer?

Each parent must make separate applications, but employers may need to coordinate leave to ensure minimal disruption to the business.

 

Are employees protected from discrimination when taking SPL?

Yes, employees are legally protected from unfair treatment or dismissal for requesting or taking SPL.

 

Can SPL be cancelled or changed once it has been arranged?

Employees can cancel or change SPL dates with at least 8 weeks’ notice, but changes are subject to the employer’s agreement in the case of discontinuous leave requests.

 

Glossary

 

 

Term	Definition
Shared Parental Leave (SPL)	A statutory right that allows eligible parents to share up to 50 weeks of leave following the birth or adoption of a child.
Shared Parental Pay (ShPP)	Statutory payments available for up to 37 weeks during SPL, paid at the government-set rate or 90% of the employee’s average weekly earnings, whichever is lower.
Curtailment Notice	A formal notification from the mother or adopter to end maternity or adoption leave early, allowing the remaining leave to be shared under SPL.
Continuous Leave	A period of SPL taken in one uninterrupted block, which the employer must accept if requested.
Discontinuous Leave	SPL taken in separate blocks with periods of work in between, which the employer can refuse or negotiate.
Notice of Entitlement	A document employees must submit to inform their employer of their intention to take SPL, outlining their leave plans.
8-Week Notice Period	The minimum period of notice employees must give before starting or changing their SPL dates.
Employment Protection	Legal safeguards ensuring employees cannot be treated unfairly or dismissed for taking or requesting SPL.
Eligibility Criteria	The requirements both parents must meet to qualify for SPL, including employment duration and earnings thresholds.
Maternity Leave	Statutory leave entitlement for birth mothers, which can be curtailed to enable SPL.
Adoption Leave	Statutory leave entitlement for adoptive parents, which can be curtailed to enable SPL.
Partner	The child’s father or the mother’s/adopter’s spouse, civil partner, or cohabiting partner eligible to share parental leave.
Flexible Working	A working arrangement that allows employees to balance work and childcare responsibilities during or after SPL.
Parental Responsibility	Legal duties and rights a person has in relation to a child, including their care and upbringing.
Reasonable Refusal	The employer’s right to decline requests for discontinuous leave if it would cause disruption to business operations.