Maternity and paternity leave are familiar options for new parents, but they are not the only ways to organise time away from work. Shared Parental Leave (SPL) lets eligible parents divide part of the leave available after birth or adoption, rather than assuming one person must take nearly all of it. The flexibility can be useful, although eligibility, pay and notice requirements make early planning essential.
How shared parental leave works
Parents who qualify can share up to 50 weeks of SPL and 37 weeks of Statutory Shared Parental Pay (ShPP) within the first year after birth or adoption placement. These are maximum shared totals, not additional leave on top of maternity or adoption entitlement. The actual balance depends on how many weeks the birth parent or primary adopter has already taken.
To create SPL entitlement, the birth parent or primary adopter must end maternity or adoption leave early, or give binding notice of a future end date. Ending qualifying maternity or adoption pay, or Maternity Allowance, can also create an entitlement for an eligible partner. Parents can then overlap their leave, alternate childcare or take separate blocks around work commitments.
Who is eligible for shared parental leave?
SPL eligibility involves two distinct employment tests. The person taking leave must be an employee sharing responsibility for the child. For a birth, they normally need at least 26 weeks with the same employer by the end of the 15th week before the baby is due, and must remain employed immediately before each leave block. Adoption has corresponding qualifying rules and dates.
The other parent must satisfy an employment and earnings test: they must have worked for at least 26 weeks during the relevant 66-week period and earned an average of at least £30 a week in any 13 of those weeks. The work need not be continuous or for one employer. A self-employed partner can meet this supporting test, although self-employed people cannot take statutory SPL themselves.
It is possible for only one parent to qualify for the leave. The other parent may meet the supporting test without being entitled to take SPL. Also, statutory pay has additional conditions. If employment status is unclear, particularly for agency or casual workers, check the precise arrangements before giving notice.
Shared parental pay: what will you actually receive?
For the 2026–27 tax year, statutory shared parental pay is £194.32 per week or 90% of average weekly earnings, whichever is lower. An employee claiming it generally needs average weekly earnings of at least £129 during the relevant assessment period, alongside the qualifying employment and notice conditions. Payment comes through the employer’s payroll.
Statutory maternity or adoption pay can normally last up to 39 weeks. Once that entitlement is ended, remaining weeks may become ShPP, up to a shared maximum of 37 weeks. Your employer might offer enhanced shared parental pay, but that is a contractual benefit rather than a universal statutory entitlement.
Compare both employers’ policies before deciding who takes which weeks. Enhanced maternity pay does not automatically mean identical enhanced SPL pay. Checking the difference can prevent an unexpected drop in household income.
A practical example of dividing leave
Suppose a mother uses 18 weeks of maternity leave and maternity pay, then formally ends both entitlements. Up to 34 weeks of SPL remain from the original 52-week leave allowance, while 21 weeks of ShPP remain from the 39-week pay allowance. If both parents qualify, the partner could take 12 weeks while the mother returns to work, leaving other weeks available to allocate within the child’s first year.
This illustrates a common planning mistake: leave and pay are not interchangeable. Two parents taking the same calendar week off use one week each from their combined SPL balance. Build a calendar recording each parent’s dates, the paid weeks, any unpaid weeks and expected return dates. This makes the financial and childcare arrangements much easier to understand.
Notice requirements and booking shared parental leave
Parents ordinarily submit a written notice of entitlement at least eight weeks before their first SPL period. This sets out the maternity or adoption entitlement used, the remaining shared balance and the proposed division between parents. Signed declarations are required. A separate booking notice, which may be submitted simultaneously, identifies the actual start and end dates.
Continuous and discontinuous blocks
Leave is taken in whole-week blocks, although a block can begin on any day. An employer must accept a valid request for one continuous block. However, a request for discontinuous leave, such as four weeks off, two weeks back at work and another four weeks off, can be refused. If no agreement is reached within 14 days, the employee can generally withdraw the request or take the requested time as a continuous block under the applicable rules.
Each parent can normally submit up to three booking or variation notices, although employers may allow more. Discuss dates informally before sending formal notices. It also helps to compare the rules on maternity leave rights and paternity leave entitlement, because those options interact with SPL.
Rights during leave and returning to work
Employment continues during SPL, and statutory holiday usually keeps building up. By agreement, an employee can work up to 20 Shared Parental Leave In Touch (SPLIT) days without ending their leave. These days are optional, and payment should be agreed beforehand. Legal protections apply against unfair treatment connected with taking family leave, with return-to-work rights depending on the overall leave pattern.
In Great Britain, eligible parents have been able to take paternity leave after SPL as well as before it since 6 April 2026. Northern Ireland has its own employment-law guidance, so check the applicable local rules. If a different working pattern would help after returning, ask your employer about flexible working arrangements.
Frequently asked questions
Can both parents take shared parental leave together?
Yes, provided both are eligible. Their leave can overlap, but each parent uses weeks from the couple’s remaining shared allowance.
Can my employer refuse a request?
An employer cannot refuse an eligible employee’s properly notified continuous block. They can refuse a proposed discontinuous pattern, subject to the process for discussing alternatives.
Can I reverse a decision to end maternity leave?
Only in limited circumstances. The notice to end maternity or adoption leave is generally binding, so check the exceptions before submitting it.
Is shared parental leave the same as ordinary parental leave?
No. SPL relates to a child’s first year and uses remaining maternity or adoption entitlement. Ordinary parental leave is a separate form of family leave with different rules.
Making a workable family leave plan
Shared parental leave gives families more choice over who provides care during the first year. Start by checking both parents’ eligibility, calculate remaining leave and pay separately, and compare workplace policies. A realistic calendar, household budget and timely written notices will make the eventual handover easier for everyone.
