Shared parental leave - what is it and how does it work

Shared Parental Leave (“SPL”) and Statutory Shared Parental Pay (“ShPP”) have recently come into force. If your baby is due on or after 5 April 2015 (including if you adopt a child), you may be entitled to SPL and ShPP.

SPL entitles parents (or partners if they are not the parent) to split the period which the mother would normally take under maternity leave. This must be taken between birth of the child (or adoption) and its first birthday (or first year of adoption). For example, the mother could end her maternity leave after 12 weeks, then take 20 weeks of SPL leaving a further 20 weeks of SPL for the other parent/partner.

SPL can be taken in up to 3 separate blocks and these can either be taken separately or the mother and parent/partner can take the leave at the same time. It may be possible to split the blocks into shorter periods but the employer would have to agree to this.

If you are eligible for SPL you can start the period of SPL by the mother either:

· Ending any maternity (or adoption) leave by returning to work;

· Given “binding notice” to their employer of the date when they plan to end the maternity leave; or

· Ended maternity pay or allowance.

This means that SPL can begin whilst the mother is still on maternity leave, however please note that the mother cannot return to work in the first compulsory 2 weeks following birth, or 4 weeks if she works in a factory.

ShPP is worked out the same was as Statutory Maternity Pay (“SMP”) at the rate of £138.18 or 90% of your average weekly earnings, whichever is lower. Currently although mothers are allowed to take a full 52 weeks of maternity leave, they are only entitled to SMP for 39 weeks (or 37 weeks if they are only entitled to Maternity Allowance). During the period of SPP, the mother and parent/partner can take the rest of the 39 weeks of maternity pay (or if allowance - 37 weeks) as ShPP.