Shared Parental Leave (SPL) in the UK allows eligible parents to share up to 50 weeks of leave and 37 weeks of statutory shared parental pay (ShPP) following the birth or adoption of a child. The mother must first curtail her maternity leave to enable SPL. Introduced in 2015, SPL gives families flexibility in how they care for a new child during the first year.

Statutory entitlement

Up to 50 weeks of shared parental leave (reduced by the amount of maternity/adoption leave taken by the mother/primary adopter). Up to 37 weeks of Statutory Shared Parental Pay at £184.03 per week (2025/26) or 90% of average weekly earnings, whichever is lower.

Eligibility

Both parents must have 26 weeks of continuous employment with the same employer by the end of the 15th week before the due date. The other parent must have worked for at least 26 of the 66 weeks before the due date and earned at least £30 per week on average in 13 of those weeks. The mother must have curtailed her maternity leave.

Employer obligations

  • Respond to SPL notices within 14 days, confirming or denying entitlement.
  • Allow eligible employees to take SPL in blocks or as discontinuous leave (if agreed).
  • Pay Statutory Shared Parental Pay at the statutory rate for up to 37 weeks.
  • Maintain employment terms (except remuneration) during SPL.
  • Allow the employee to return to the same job after continuous SPL of 26 weeks or less.
  • Keep records of SPL notices, declarations, and payments for at least three years after the end of the tax year.

Employee rights

  • Right to share up to 50 weeks of leave with their partner.
  • Right to receive statutory shared parental pay if eligibility criteria are met.
  • Protection from detriment or dismissal for taking or seeking to take SPL.
  • Right to accrue holiday entitlement during SPL.
  • Right to return to the same job after SPL of 26 weeks or less; otherwise a suitable and appropriate role on similar terms.

Common pitfalls

  • Assuming both parents are automatically eligible — both must meet employment and earnings tests, and the mother must formally curtail maternity leave.
  • Missing the 14-day deadline to respond to SPL notices — this is a legal requirement.
  • Confusing SPL with enhanced contractual parental leave — statutory SPL is the minimum; employers may offer more generous schemes.
  • Not tracking leave correctly when parents take discontinuous leave — employers must agree to the pattern, not merely be notified.

How SPL works in practice

The mother (or primary adopter) must first take at least two weeks of maternity leave (four for factory workers). They can then give notice to end their maternity leave and convert the remaining weeks into SPL. The parents can then split the remaining leave in any way they choose.

Continuous vs discontinuous leave

Employees can request continuous blocks of SPL (where the employer must agree) or discontinuous patterns (where the employer's agreement is required). If an employer refuses a discontinuous request, the employee can take the leave in a single continuous block instead.

Statutory Shared Parental Pay

ShPP is paid at the same rate as SMP for the remaining weeks: £184.03 per week or 90% of earnings, whichever is lower. Employers can recover ShPP payments through HMRC.

Frequently asked questions

How do you end maternity leave to start SPL?

The mother must give at least eight weeks' notice to her employer of the date she intends to end her maternity leave. This 'curtailment notice' converts the remaining maternity leave into SPL.

Can self-employed parents use SPL?

No. SPL is only available to employees. Self-employed parents may be eligible for Maternity Allowance or other benefits but cannot take SPL or receive ShPP.

What happens to SPL if a couple separates?

The remaining SPL can still be taken by the eligible parent, provided they meet the criteria. They should notify their employer of the change in circumstances.

Sources

This page is provided for general guidance and does not constitute legal advice. Always check the cited primary source for current law before making employment decisions.