Shared parental leave explained: Rules, duration, pay

For many families, the first steps into parenting come with a handful of major readjustments. Not just for the parents, but for the whole household. Among the many things to consider and plan before the arrival of a new family member is employment. This is where Shared Parental Leave comes in, offering families more flexibility to divide time off in a way that works for their needs, both emotionally and practically.

The essentials at a glance

  • Eligible UK parents can share up to 50 weeks of leave and 37 weeks of pay in the first year after birth or adoption.
  • It offers more flexibility than traditional maternity and paternity leave, including block or alternating leave patterns.
  • Managing shared parental leave requests requires clear tracking, accurate documentation, and awareness of eligibility and notice rules to stay compliant.
  • HR teams benefit from using absence management software, holiday pay calculators, and workforce planning tools to manage requests efficiently.

What is shared parental leave and how does it work?

Definition and purpose

Shared parental leave (SPL) is a UK employment right that lets eligible parents share time off after maternity leave. It is accompanied by Statutory Shared Parental Pay (ShPP), which provides financial support during this leave. The scheme applies to birth, adoption, surrogacy, and pre-adoption fostering. It is designed to promote equal parenting and offer greater flexibility for modern families.
Key facts: duration, pay, flexibility

Key facts: duration, pay, flexibility

Key facts

Details

Duration & payUp to 50 weeks’ leave and 37 weeks’ ShPP
FlexibilityLeave can be taken in blocks or together; up to 3 requests per parent
EligibilityBoth parents must meet employment and earnings criteria

Use the official GOV.UK calculator to plan how shared leave and pay can be split.

Legal framework and recent updates

Established by the Shared Parental Leave Regulations 2014*, SPL has recently been enhanced to include redundancy protection during leave, alongside  improved digital notice templates. In recent years, the framework has been updated to strengthen protections and improve accessibility. Notably, redundancy protection has been extended to cover parents on shared parental leave, ensuring they are treated fairly and given priority for suitable alternative roles in the event of redundancy.

Determining employee eligibility for shared parental leave

To qualify for SPL and ShPP, both individuals must meet eligibility criteria independently. This ensures that leave and pay are only granted where both parents are legally and practically involved in caring for the child. 

Employment continuity and earnings thresholds

Each parent must:

  • Have been continuously employed by the same employer for at least 26 weeks by the end of the 15th week before the expected week of childbirth or adoption placement
  • Earn at least £125 per week (the current lower earnings limit)

Meeting these thresholds is essential for accessing both leave and pay entitlements under the scheme.

Partner requirements and dual eligibility

In addition to employment status, the relationship between the parents must meet legal definitions. The term partner can refer to:

  • The biological father or mother of the child
  • The spouse or civil partner of the birth or adoptive parent
  • Someone in an enduring relationship with the birth or adoptive parent (including same-sex and unmarried couples)

Both partners must also be jointly responsible for the child’s care from the time of birth or adoption. These dual conditions (relationship status and shared responsibility) ensure that SPL supports actively involved parents across a range of family structures, including adoption, surrogacy, and fostering to adopt.

Maternity/adoption curtailment and its impact

Before shared parental leave can begin, the parent who is already on maternity or adoption leave must give written notice to end their leave early. This step is called curtailment and must be done at least 8 weeks before they want shared leave to start.

This step is legally required and effectively activates the shared leave system, allowing the remaining balance of leave and pay to be split between the two partners. Without this curtailment, SPL cannot begin, even if both parents meet all other eligibility criteria.

Structuring leave periods: How much and when

Total leave allocation and distribution rules

Once maternity or adoption leave is curtailed, eligible parents can share up to 50 weeks of leave and 37 weeks of Statutory Shared Parental Pay (ShPP) between them. This can be divided in any way the parents agree on, provided they follow the notice requirements and remain within the overall limits. The flexibility allows families to tailor leave to suit personal, financial, and childcare needs.

Block leave vs. flexible scheduling

SPL can be taken in one continuous block or broken into multiple segments, provided each block lasts at least one week. There are three main ways to structure leave:

  • Continuous leave – A single, uninterrupted period. This is the most straightforward for employers to approve.
  • Discontinuous leave – Multiple blocks of leave with work periods in between.
  • Simultaneous leave – Both parents off work at the same time.

This flexibility supports modern working parents, but HR teams must coordinate with departments to minimise operational disruption.

Managing up to three SPL requests per employee

Each parent is allowed to submit up to three separate notices to book or vary leave dates. While employers must accept continuous leave as requested, they can enter a discussion period for discontinuous leave and propose alternatives. Legally, employers must respond within 14 calendar days, making it vital to have a structured review process in place.

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Shared parental pay: How to calculate and administer it

Statutory ShPP rates and duration

From April 2025, Statutory Shared Parental Pay is set at £187.18 per week or 90% of the employee’s average weekly earnings, whichever is lower. Pay can last up to 37 weeks, depending on how much has already been used during maternity or adoption leave.

Impact of previous maternity/adoption pay

ShPP is calculated from the unused portion of Statutory Maternity Pay or Adoption Pay. For instance, if 30 weeks of maternity pay have already been claimed, only 7 weeks of ShPP would remain available. This makes accurate tracking of pay periods essential to avoid overpayments or disputes.

Payroll integration and documentation

To manage this complexity, organisations should integrate SPL and ShPP into their existing payroll and HR systems. Using absence management software like Kelio helps track balances, automate notices, and ensure statutory payments are correctly applied. Documentation, such as curtailment notices, booking forms, and pay records, should be stored securely and be easily auditable.
 

Step

What needs to happen

Who does it

Required documentation

1. Curtail maternity/adoption leaveThe primary parent ends their maternity/adoption leave early to unlock SPLBirth or adoptive parentCurtailment notice (written, at least 8 weeks before SPL starts)
2. Check eligibilityBoth parents confirm employment duration, earnings, and shared responsibilityBoth parentsNo formal doc, but HR may request proof of eligibility
3. Submit notice of entitlement and intentionOutlines how much leave each parent intends to takeBoth parents (to their respective employers)Notice of entitlement and intention form
4. Submit booking notice(s)Confirms the specific dates each parent will take SPLEach parent (separately)Booking notice (at least 8 weeks before leave starts)
5. Employer responseEmployer reviews and responds to the leave requestEmployerWritten response (especially for discontinuous leave requests)
6. Keep records for complianceEmployers log all notices, pay records, and SPL datesEmployerInternal records; digital systems (e.g. HR or payroll software)

Tip: Employees can make up to three separate SPL booking requests each, so it’s useful to plan ahead and track deadlines carefully.

How shared parental leave interacts with other types of leave

Paternity leave vs. shared parental leave

Eligible fathers or partners can still take up to 2 weeks of paternity leave before switching to SPL. This can help ease the transition into shared parenting and provides some early bonding time without reducing the available shared leave.

Annual leave and sick leave overlaps

During SPL, employees continue to accrue statutory annual leave. Employers can allow this leave to be carried over or added before or after SPL. In contrast, sick leave does not interrupt SPL unless the employee returns to work in between. Employers should have clear policies for managing overlapping entitlements.

Neonatal care leave changes

From April 2025, a new statutory** neonatal care leave will provide eligible parents with up to 12 weeks’ paid leave if their baby requires hospital care within the first 28 days after birth. While separate from SPL, this new right will require integration with existing leave systems and redundancy protections similar to those in place for maternity and shared leave.

Ensuring legal compliance and avoiding risk

Required notices and response deadlines

To access SPL, employees must provide a notice of entitlement and intention at least 8 weeks before the planned leave, followed by a booking notice confirming leave dates. Employers must respond to discontinuous leave requests within 14 days. Timely, documented communication is key to legal compliance.

Document retention and audit trails

HR teams should retain all relevant documents. This includes curtailment notices, eligibility confirmations, booking forms, and pay records. Keeping these on file is part of their compliance protocol and overall due diligence. Integrating a shared parental leave calculator and using reliable absence software helps maintain transparency and auditability.

Anti-discrimination and dismissal protections

Employees on SPL are protected under the Equality Act 2010 and the Employment Rights Act 1996. Employers cannot discriminate, dismiss, or treat an employee unfavourably because they requested or took SPL. In redundancy situations, employees on shared leave must be given priority for suitable alternative roles.

Tools to support shared parental leave management in HR

Shared leave calculators and planners

Tools like the GOV.UK planner*** and third-party options make it easier to model leave scenarios and communicate options with employees. You can also follow Kelio’s guidance on how to calculate holiday pay to forecast entitlement overlaps.

Employee self-service portals

Digital HR portals allow employees to submit notices, view SPL balances, access policies, and request changes, all without involving HR directly. This improves accuracy and reduces time spent on manual admin.

Using Kelio for absence tracking and compliance

Kelio’s absence management and workforce planning tools can support HR teams in monitoring shared parental leave (SPL) alongside other types of leave.

Together, these tools reduce the admin burden, improve planning accuracy, and support compliance with statutory requirements.

Simplify your absence management and efficiently manage shared parental leave with Kelio’s absence and leave management software. 

Contact us today for a free demonstration

*https://www.legislation.gov.uk/uksi/2014/3050/contents/made 
**https://www.gov.uk/employers-neonatal-care-pay-leave 
***https://www.gov.uk/shared-parental-leave-and-pay 

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