Shared parental leave (SPL) provides the opportunity for parents to share the care of their child between the two parents during the year following the birth or placement of their child.
Parents can convert part of their other family leave and pay to shared parental leave, sharing the remaining period of leave between them. Family leave types that can be converted include:
- maternity leave
- adoption leave.
Shared Parental Leave Policy
Staff can apply for shared parental leave by completing the Shared Parental Leave Booking Form.
The right to shared parental leave, UK, is governed by the Shared parental leave and leave curtailment (amendment) regulations 2015. A woman who is eligible for shared parental leave has the right to bring her maternity leave and pay period to an end early and convert the outstanding period of maternity leave and pay into a period of shared parental leave and pay that can be taken by either parent. Shared parental leave can be taken in a more flexible way than maternity leave. It does not have to be a single continuous period; leave periods can be as little as a week and both parents can be absent from work at the same time. Shared parental leave must be taken before the child's first birthday and is in addition to the right to unpaid parental leave under the Maternity and Parental Leave Regulations 1999. The right to additional paternity leave has been replaced by the right to shared parental leave. A parent taking adoption leave also has the right to convert a period of adoption leave into a period of shared parental leave which either parent can take in a flexible way.
Key points
- Women remain entitled to 52 weeks' maternity leave and 39 weeks' maternity pay.
- A woman on maternity leave can commit to bringing her maternity leave and pay period to an end early. The balance of the maternity leave and pay period becomes available for either parent to take as shared parental leave and pay.
- From 4th April 2021, the statutory shared parental pay rate increased to £151.97 (see our ‘Statutory rates’ page for historic rates). It is expected to increase to £156.66 from 3rd April 2022.
- Shared parental leave can be taken in periods of a week or multiples of a week.
- A parent can take a period of shared parental leave at the same time as the other parent is on maternity leave or shared parental leave.
- A parent will only qualify to take shared parental leave if the other parent meets basic work and earnings criteria and the parent taking the leave meets the individual eligibility criteria (such as having 26 weeks' continuous service at the 15th week before the EWC and remaining in the same employment).
- An employer must have at least eight weeks' notice of any period of shared parental leave.
- Each parent can make up to three requests for periods of shared parental leave. Whether the employer can refuse a request depends on whether the employee has asked for a continuous or discontinuous period of leave.
- Shared parental leave has to be taken before the child's first birthday.
- Rights during a period of shared parental leave mirror those of a woman on maternity leave: all terms and conditions of employment continue except those relating to remuneration.
Examples
Example one (continuous block of leave): both parents are employees of the University
Mother goes on maternity leave two weeks before the baby is born and remains on maternity leave for a further two weeks following the birth, at full pay.
Father takes two weeks' ordinary paternity leave (OPL) at the time of the birth, at full pay.
Mother ends her maternity leave after a total of four weeks’ maternity leave. SPL begins immediately with a total of 48 weeks’ leave entitlement and 35 weeks’ pay, to be shared by both parents.
Mother and father take SPL together at the same time for 11 weeks at full pay (exhausting 22 weeks of SPL in total).
Father returns to work at the end of the 15th week from when the maternity leave started. The mother remains on SPL for a further 26 weeks (13 weeks at statutory pay rate and 13 weeks unpaid).
The cost of SPL is met by each employee’s department.
The mother’s department will pay:
- four weeks’ maternity leave at full pay and 11 weeks’ SPL at full pay, 13 weeks at statutory pay rate.
The father’s department will pay:
- two weeks’ OPL at full pay and 11 weeks’ SPL at full pay.
Example two (discontinuous blocks of leave): partner is the employee of the University
Mother goes on maternity leave two weeks before the baby is born. Following the birth she remains on maternity leave for a further 12 weeks (total of 14 weeks).
Partner takes two weeks' ordinary paternity leave (OPL) at the time of the birth, at full pay and then returns to work immediately.
Mother returns to work after a total period of 14 weeks of maternity leave at which point SPL begins and the father goes on a period of SPL for 12 weeks, at full pay.
Partner returns to work at the end of the 26th week after the maternity leave started, at which point the entitlement to full pay under the University’s scheme has been exhausted.
The mother goes back on SPL (paid at the statutory rate) for a further 13 weeks and then returns to work.
The partner then takes the remaining period of 13 weeks of leave, unpaid.
The cost of the relevant proportion of the SPL taken by the University employee (the partner) is met by the department.
The partner’s department will pay:
- two weeks’ OPL at full pay and 12 weeks’ SPL at full pay.
The mother's employer will pay:
- 14 weeks' maternity leave at whatever rate she is eligible to receive, 13 weeks' ShPP at the statutory rate of pay.
Further examples can be found within the policy.