Understanding Shared Parental Leave Regulations
Shared Parental Leave (SPL) regulations provide a framework for mothers, fathers, partners, and adopters to share time off work following the birth or adoption of a child. This analysis will detail the core components of the scheme, eligibility criteria, and the correct procedures for employers and employees.
The system is designed to offer greater flexibility than traditional maternity leave, allowing parents to manage childcare responsibilities in the first year. Despite its introduction, uptake remains low. A 2023 evaluation from the Department for Business and Trade found that between 2015 and 2020, only 1% of eligible mothers and 5% of eligible fathers or partners used the scheme.
Guidance from Acas, the Advisory, Conciliation and Arbitration Service, provides a comprehensive overview for employers to ensure they manage requests fairly and lawfully. This article provides a breakdown of these complex Shared Parental Leave regulations.
What Are the Core Components of Shared Parental Leave?
To create Shared Parental Leave, a mother or primary adopter must end their maternity or adoption leave early. This action makes the remaining leave available to be shared. In total, parents can share up to 50 weeks of leave and 37 weeks of pay.
- Maternity Leave Priority: Employed mothers retain their right to 52 weeks of Maternity Leave. The first two weeks following birth are a compulsory maternity leave period (four weeks for factory workers). After this, the mother can give notice to curtail her leave and opt into SPL.
- Creating the SPL Pot: If a mother decides to end her maternity leave after 20 weeks, for example, the remaining 32 weeks of her leave can be used as Shared Parental Leave by either her or her partner.
- Paternity Leave: The standard two weeks of paid Paternity Leave remains available for fathers or partners. This leave is separate from the SPL entitlement.
- Adoption Rights: Adopters are entitled to the same rights as birth parents regarding Shared Parental Leave and pay.
This structure allows parents to be off work at the same time or to stagger their leave, providing continuous care for their child during the first year.
What is the Process for Requesting Leave?
A formal and timely process must be followed to qualify for and book Shared Parental Leave. The key requirement is providing sufficient notice to the employer to allow for proper workforce planning.
Employees must provide their employer with at least eight weeks’ notice of their intention to take a block of Shared Parental Leave. This notice must be in writing and include the requested start and end dates. Acas provides template forms that can be used for this purpose.
An employee can submit up to three separate notices to book leave or to vary a previously agreed arrangement. Leave must be taken in blocks of whole weeks. An employer cannot refuse a request for a continuous block of leave but can refuse a request for discontinuous leave, which involves splitting leave into shorter periods with work in between. If a discontinuous request is refused, the leave automatically becomes a single continuous block unless the employee withdraws the notice.
Who Qualifies for Shared Parental Leave?
Eligibility for Shared Parental Leave is determined by a set of specific tests for each parent. For one parent to be eligible, their partner must also meet certain criteria, even if they do not intend to take any leave themselves.
The two primary assessments are the ‘continuity of employment test’ and the ’employment and earnings test’.
- Continuity of Employment Test: The parent taking the leave must have worked for the same employer for at least 26 continuous weeks by the end of the 15th week before the baby is due (or the week of being matched with a child for adoption). They must also remain with that same employer when the leave is taken.
- Employment and Earnings Test: The other parent must have worked for at least 26 of the 66 weeks leading up to the due date. They also need to have earned at least £30 per week on average in 13 of those 66 weeks.
It is possible for only one parent in a couple to be eligible to take SPL. For instance, an agency worker may not qualify for SPL as they are not legally an ’employee’, but they could be eligible for Shared Parental Pay if they meet the pay criteria.
Understanding Shared Parental Pay
Statutory Shared Parental Pay (ShPP) for the 2025-2026 tax year is paid at £187.18 per week or 90% of your average weekly earnings, whichever is lower. For the tax year beginning April 2026, this is set to rise to £194.32 per week.
A total of 39 weeks of statutory pay is available for maternity or adoption, with the first two weeks reserved for the mother. This leaves a maximum of 37 weeks of pay that can be claimed as ShPP between both parents.
To qualify for ShPP, a parent must not only pass the continuity of employment test but also have average earnings at or above the lower earnings limit. For the 2025-2026 tax year, this limit is £125 per week. It is important to note that the other parent must also satisfy the separate ’employment and earnings test’ for their partner to receive ShPP.
If you would like to discuss how Shared Parental Leave regulations may affect you or your employees, contact Lianne Saunders at HR Service Centre on 0845 606 9640 or email info@hrservicecentre.co.uk
