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Employees can take shared parental leave (SPL) if they are eligible and they or their partner end their maternity or adoption leave or pay early. The remaining leave will be available as SPL. The remaining pay may be available as statutory shared parental pay (ShPP).

Employees entitled to SPL have the statutory right to take SPL in up to three separate blocks (although some employers may permit employees to take leave in more blocks). Employees can also share the leave with their partner if they are also eligible.

It is up to the parents to choose how much of the SPL each of them will take.

For example, a mother could end her maternity leave after 12 weeks, leaving 40 weeks (of the total 52-week entitlement) available for SPL. If both the mother and her partner are eligible, they can share the 40 weeks. They can take leave at the same time or separately.

SPL and ShPP must be taken between the baby's birth and the first birthday (or within one year of adoption).

Download a quick guide to the shared parental leave process (DOC, 16K).

Developing a shared parental leave policy

You may wish to develop a policy that sets out the rules and procedures for applying for and taking shared parental leave. Any policy should be fair and consistent and should meet at least the statutory minimum requirements in the legislation.

It would be good practice when drafting or updating any policy to consult with employees or their recognised trade union representatives over the proposed policy, as this will help to ensure it works for both employees and the organisation. Once agreed, the policy should be communicated to all employees and managers provided with training.

The Labour Relations Agency has developed a which you can adapt to suit your business.

Sometimes only one parent in a couple will be eligible for shared parental leave (SPL) and statutory shared parental pay (ShPP). This means that they cannot share the leave.

If your employee is eligible, then they can use SPL to book their leave in separate blocks.

Shared parental leave

To qualify for SPL, the child's mother (or adoptive parent) must be eligible for either:

• maternity leave or pay
• maternity allowance
• adoption leave or pay

Your employee must also:

• have worked for you continuously for at least 26 weeks by the end of the 15th week before the due date (or date they are matched with their adopted child)
• still be employed by you while they take SPL
• give you the correct notice, including a declaration that their partner meets the employment and income requirement,s which allow your employee to get SPL

Statutory shared parental pay

Your employee can get ShPP if one of the following applies:

• they qualify for statutory maternity pay
• they qualify for statutory paternity pay and have a partner who qualifies for statutory maternity pay or maternity allowance or statutory adoption pay

ShPP is paid at the rate of whichever is the lower of:

• 拢187.18 a week
• 90% of the employee's average weekly earnings

Rejecting an SPL or ShPP application

You must reject an SPL or ShPP application if the employee doesn't meet the qualifying criteria.

You must tell the employee the reason if you reject an ShPP application. You do not have to give a reason for refusing SPL, but it would be good management practice to provide an explanation.

If an employee is eligible and they or their partner end maternity or adoption leave and pay (or maternity allowance) early, then they can:

• take the rest of the 52 weeks of leave (up to a maximum of 50 weeks) as shared parental leave
• take the rest of the 39 weeks of pay (up to a maximum of 37 weeks) as statutory shared parental pay

A mother must take a minimum of two weeks' maternity leave following the birth (four if she works in a factory).

Download guidance on how parental leave can be shared (PDF, 385K).

The employee must give you written notice of their entitlement to SPL and ShPP, including:

• their partner's name
• maternity or adoption leave start and end dates
• the total amount of SPL and ShPP available and how much they and their partner intend to take
• that they are sharing childcare responsibility with their partner

It must also include a signed declaration from the partner stating:

• their name, address, and National Insurance number
• that they satisfy the qualifying requirements for your employee to take SPL and ShPP
• that they agree to your employee taking SPL and ShPP

After receiving this notice, you can ask for:

• a copy of the child's birth certificate
• the name and address of their partner's employer

You have 14 days to ask for this information. Your employee then has a further 14 days to provide it.

If a birth certificate cannot be produced at first instance, the employee must provide the relevant information as soon as is reasonably practicable.

Shared parental leave notice period

An employee must give at least eight weeks' notice of any leave they wish to take.

If the child is born more than eight weeks early, this notice period can be shorter.

Your employee has a statutory right to a maximum of three separate blocks of shared parental leave, although you can allow more if you wish.

Cancelling the decision to end maternity or adoption leave

The mother or adopter may be able to change their decision to end maternity or adoption leave early if both:

• the planned end date hasn't passed
• they haven't already returned to work

One of the following must also apply:

• it is discovered during the eight-week notice period that neither partner is eligible for either SPL or ShPP
• the employee's partner has died
• it is less than six weeks after the birth (and the mother gave notice before the birth)

For shared parental leave (SPL) to begin, the mother or adopter must do one of the following:

• end their maternity or adoption leave by returning to work
• give you a 'binding notice' (a decision that cannot normally be changed) of the date when they will end their maternity or adoption leave
• end maternity pay or maternity allowance (if they are not entitled to maternity leave, eg, they are an agency worker or self-employed)

Compulsory maternity leave

A mother cannot return to work before the end of the compulsory two weeks of maternity leave following the birth (four if she works in a factory).

Binding notice

The mother must give you at least eight weeks' notice to end her maternity pay, or the Social Security Agency at least eight weeks' notice, to end her maternity allowance.

Adopters must give you notice to end the adoption payment.

SPL can start for the partner while the mother or adopter is still on maternity or adoption leave if she gives a binding notice to end her leave (or pay if she's not entitled to leave).

For example, a mother and her partner are both eligible for SPL. The mother goes on maternity leave ten weeks before her baby is born. She decides that she will take 16 weeks of maternity leave and gives you notice.

Since the mother has given binding notice, her partner can start SPL as soon as the baby has been born (as long as the partner has given at least eight weeks' notice).

Your employee can work up to 20 days during SPL without bringing it to an end. These are called shared parental leave in touch (or SPLiT) days.

These days are in addition to the ten keeping in touch (or KIT) days already available to those on maternity or adoption leave.

SPLiT and KIT days are optional - both you and your employee must agree to them.

See contact and work during maternity leave and reasonable contact and work during adoption leave.

An employee taking shared parental leave (SPL) is entitled to split their leave into up to three separate blocks instead of taking it all in one go, even if they aren't sharing the leave with their partner.

If both parents are taking SPL, then they can take their leave at the same time as each other or at different times.

The employee must give you at least eight weeks' notice before a block of leave begins.

You cannot turn down a request for a continuous block of leave if the employee is eligible and gives you the right notice.

Splitting blocks of SPL

If you agree, the employee can split a block of leave into shorter periods of at least a week. For example, they could work every other week during a 12-week block, using a total of six weeks of their SPL. This is called discontinuous blocks of leave.

However, you do not have to agree to the employee breaking the block of leave into shorter periods.

You must keep records for HM Revenue and Customs (HMRC), including:

• the evidence provided by the employee to show that they're eligible for statutory shared parental pay (ShPP)
• the date ShPP began
• your ShPP payments (including dates)
• the ShPP you've reclaimed
• any weeks you did not pay, and why

You must keep records for at least three years from the end of the tax year they relate to.