Shared Parental Leave Explained – Your Rights and How It Works
Shared Parental Leave (SPL) lets eligible parents divide maternity or adoption leave between them — taking it at the same time, back-to-back, or in separate blocks throughout the first year of their child's life. This guide explains who qualifies, how the leave pot works, how much you'll be paid, and what notices you need to give your employer.
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Calculate My ShPP →What Is Shared Parental Leave?
Shared Parental Leave is a flexible alternative to the standard maternity and adoption leave model. Instead of one parent taking the full leave entitlement, the weeks can be divided between both parents — and both can be off at the same time if they choose.
SPL became available in the UK in April 2015 and was updated from April 2024 to allow fathers to take paternity leave before or after any SPL period. From 6 April 2026, paternity leave became a day-one employment right, though the service and earnings tests for Statutory Paternity Pay remain unchanged.
Shared Parental Leave applies to births and adoptions. Couples in same-sex relationships, civil partnerships, and those using surrogacy arrangements may also be eligible, provided the eligibility conditions are met.
The Shared Leave Pot
The pot is created from what remains of the maternity or adoption leave and pay after the mother or primary adopter curtails (formally shortens) their entitlement.
- Total maternity leave entitlement: 52 weeks
- Compulsory maternity leave (mother must take): 2 weeks after birth
- Maximum shared pot (if mother stops at week 2): 50 weeks of leave
- Total paid maternity weeks (SMP): 39 weeks
- Maximum paid shared pot (if mother stops at week 2): 37 weeks of paid ShPP
The earlier the mother curtails her maternity leave and pay, the larger the shared pot. If she takes all 39 weeks of SMP before curtailing, there are no paid weeks left for the partner — only unpaid leave weeks. If she takes the full 52 weeks, no SPL pot exists at all.
| Mother stops maternity leave at… | Leave weeks available to share | Paid weeks available (ShPP) | Unpaid weeks |
|---|---|---|---|
| Week 2 (compulsory minimum) | 50 weeks | 37 weeks | 13 weeks |
| Week 6 | 46 weeks | 33 weeks | 13 weeks |
| Week 12 | 40 weeks | 27 weeks | 13 weeks |
| Week 26 | 26 weeks | 13 weeks | 13 weeks |
| Week 39 (end of SMP) | 13 weeks | 0 weeks | 13 weeks |
| Week 52 (full leave) | 0 weeks | 0 weeks | — |
Shared Parental Leave pot — paid vs unpaid weeks by when mother stops
Who Qualifies?
Both the employee taking SPL and their partner must meet separate eligibility tests.
The Employee Taking SPL (Continuity of Employment Test)
- Must have worked for the same employer for at least 26 weeks by the end of the 15th week before the baby's due date (or the adoption match date)
- Must still be employed by the same employer at the start of each block of SPL they take
- Must earn an average of at least £129 per week (Lower Earnings Limit 2026–27) in the 8 weeks before the 15th week before the due date
The Other Parent (Employment and Earnings Test)
- Must have worked for at least 26 weeks in the 66 weeks before the baby's due date (does not need to be for the same employer, does not need to be consecutive)
- Must have earned an average of at least £30 per week in any 13 of those 66 weeks
- Can be an employee, worker, or self-employed person
The two tests are different by design. The employee must pass a stricter continuity test to take the leave. The other parent only needs to pass the looser employment and earnings test to unlock SPL entitlement for the couple — they do not necessarily need to be taking SPL themselves.
How Much Will You Be Paid?
Statutory Shared Parental Pay (ShPP) is paid at £194.32 per week from 6 April 2026, or 90% of your average weekly earnings if that is lower. Unlike Statutory Maternity Pay, there is no higher-rate first phase — every week of paid SPL uses the same flat rate calculation.
| Your gross weekly pay | Your ShPP rate | Example (weekly) |
|---|---|---|
| £215.91 or more | £194.32 (capped flat rate) | Pay £400 → ShPP £194.32 |
| £144 to £215.90 | 90% of weekly pay | Pay £180 → ShPP £162.00 |
| £129 to £143.99 | 90% of weekly pay | Pay £135 → ShPP £121.50 |
| Below £129 | Not eligible — leave is unpaid | — |
ShPP is subject to Income Tax and National Insurance. Your employer deducts these before paying you.
How to Create the Shared Pot — The Curtailment Notice
The mother or primary adopter must formally curtail their maternity or adoption leave. This is done through a curtailment notice — a written notice to their employer stating the date they will end their maternity leave. The curtailment date cannot be earlier than 2 weeks after the birth.
Once the curtailment notice is given, it is binding and cannot be revoked except in very limited circumstances:
- Before the other parent has taken any SPL, the curtailment can be revoked if the mother's relationship with the other parent has broken down
- Before the curtailment date, the notice can be revoked if the mother gives notice within 6 weeks of the birth and the original curtailment notice was given before the birth
The practical implication: think carefully before giving a curtailment notice. Once your partner has started their SPL, you cannot take your maternity leave back.
Giving Notice — What You Must Tell Your Employer
Before taking SPL, an employee must give their employer a notice of entitlement — a written statement that includes:
- The names of both parents
- The expected due date (or birth/adoption date)
- Confirmation that the mother has curtailed or intends to curtail her maternity leave
- A declaration that both parents meet the eligibility conditions
- The total number of SPL weeks and ShPP weeks available
- How many weeks each parent intends to take
This notice of entitlement must be given at least 8 weeks before the first block of SPL starts. If you want to take SPL very soon after birth, you may need to give notice before the birth.
For each individual block of leave, a separate period of leave notice must be given at least 8 weeks before that block begins. An employee can give up to 3 period of leave notices (3 separate blocks) as of right. Further blocks may be agreed with the employer but are not guaranteed.
Can You Take Leave at the Same Time?
Yes. One of the most flexible features of SPL is the ability for both parents to be off at the same time — fully or partially overlapping. Both parents simply book the same dates in their respective periods of leave notice.
If you overlap completely, you draw from the same shared pot simultaneously — so overlapping weeks use up two weeks of pot for every one week both of you are off together.
Example: The pot contains 30 weeks. Both parents take 10 weeks together. That uses 20 weeks of pot (10 for each). 10 weeks remain for one or both parents to take separately.
Keeping in Touch (KIT) Days and SPLIT Days
During SPL you can agree to work up to 20 Shared Parental Leave In Touch (SPLIT) days for each parent, without losing your SPL entitlement or pay for that week. These are in addition to any KIT days used during ordinary maternity leave.
SPLIT days must be agreed with your employer — you cannot be required to work them. Pay for SPLIT days is a matter for your employment contract or agreement with your employer. Working SPLIT days does not extend the total SPL period.
Rights During Shared Parental Leave
- Holiday accrual — you continue to accrue statutory annual leave during SPL at the same rate as normal. Holiday that cannot be taken before the end of the leave year can usually be carried forward.
- Pension contributions — employer pension contributions continue during the paid weeks of SPL (where ShPP is being paid). They stop during unpaid weeks unless your contract says otherwise.
- Return to the same job — if you take 26 weeks or less of SPL (combined with any other family leave), you have the right to return to the same job. Over 26 weeks, you have the right to return to the same job or, if that is not reasonably practicable, a suitable alternative.
- Protection from detriment and dismissal — it is automatically unfair to dismiss an employee for taking SPL or to subject them to any detriment for doing so.
- Redundancy protection — if your role is redundant while you are on SPL, you have the same right as a mother on maternity leave to be offered a suitable alternative vacancy (where one exists) before other employees at risk of redundancy.
Enhanced Shared Parental Pay
Many employers offer enhanced pay above the statutory minimum. Some match the enhanced maternity pay rate for SPL, others pay a flat enhanced rate, and some offer enhanced pay only for a set number of weeks. Check your employment contract and company policy — the statutory figure is the floor, not the ceiling.
If your employer offers enhanced maternity pay but not enhanced SPL pay, this may amount to indirect sex discrimination in some circumstances. This area of law is developing and worth taking specialist advice on if it affects you.
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Frequently Asked Questions
What if my employer does not have a SPL policy?
Your statutory entitlement to Shared Parental Leave does not depend on your employer having a written policy. The right comes from legislation. If your employer does not have a policy, that is their problem to fix — not a reason to refuse your request. You should still follow the statutory notice procedures.
Can I take SPL if I'm adopting?
Yes. Shared Parental Leave applies to adoptions in the same way as births. The primary adopter can curtail adoption leave to create the shared pot. The qualifying week is based on the date of the adoption match notification rather than a due date. The same eligibility tests and notice requirements apply.
What if my partner is self-employed?
A self-employed partner can satisfy the other parent's employment and earnings test if they have worked for at least 26 weeks in the 66 weeks before the due date and earned at least £30 a week on average in any 13 of those weeks. This means the employee can still take SPL even if their partner is self-employed.
Can my employer refuse to let me take SPL?
No. If you are eligible and have followed the correct notice procedure, your employer cannot refuse your entitlement to SPL. They can, however, refuse to accommodate a specific pattern of leave — if you request a discontinuous pattern (e.g. alternating weeks on and off), they can insist on continuous blocks instead. You would then choose a continuous block or withdraw the request entirely.
What if I change my mind about when to take the leave?
You can vary a period of leave notice, but you must give at least 8 weeks' notice of the change. Your employer must agree to the variation if it maintains the same total duration. If you want to change to a different pattern entirely, your employer may not have to agree — they can insist on continuous blocks.
Does SPL count towards my continuous employment for redundancy purposes?
Yes. Time spent on Shared Parental Leave counts as continuous employment for all statutory purposes, including redundancy pay calculations, unfair dismissal qualifying periods, and any other employment rights based on length of service.
Summary
- Up to 50 weeks of leave and 37 weeks of paid leave (at £194.32/week from April 2026) can be shared between eligible parents
- The pot is created by the mother formally curtailing her maternity leave — once done, the curtailment is binding in most circumstances
- Both parents can take leave at the same time, back-to-back, or in separate blocks
- You must give your employer a notice of entitlement and then 8 weeks' notice for each individual block
- You have the right to return to the same job (or a suitable alternative for longer periods) and cannot be dismissed for taking SPL
- ShPP is subject to Income Tax and National Insurance — use the Shared Parental Leave Calculator → to see your net weekly figures