Are you entitled to Shared Parental Leave?

If you are the mother wanting to take or share SPL, you must:

  • Be an employee and entitled to statutory maternity leave (SML),
  • Have worked for the same employer for 26 weeks at the end of the 15thweek before the week in which the baby is due
  • Still be employed in the week before you start your leave
  • Shorten your SMP by returning to work or providing your employer with a curtailment notice,giving the date your SML will end (in the future).

In addition your partner, who shares care of the child, must have worked for 26 weeks in the 66 weeks before the due date and earned £30 per week in 13 of the 66 weeks. S/he does not need to be an employee unless s/he too wants to take SPL

If you are the mother’s partner wanting to take or share SPL, you must

  • Be an employee,
  • Have worked for the same employer for 26 weeks at the end of the 15thweek before the week in which the baby is due
  • Still be employed in the week before you start your leave
  • Share responsibility for the child with your partner.

In addition the mother must:

  • Be entitled to maternity leave, SMP or maternity allowance,
  • Cut short her maternity leave or, if not entitled to leave, her pay
  • Have worked for 26 weeks in the 66 weeks before the due date and earned £30 per week in 13 of the 66 weeks
  • Share responsibility for the child.

All employees must give a notice of entitlement, declarations for you and your partner and notice to book SPL.

The employee must give at least 8 weeks’ notice of the start of SPL.

Remember

  • It is the mother’s choice whether to shorten her maternity leave to enable the couple to take shared parental leave, or for just her to take SPL
  • It is possible to take SPL where only one of a couple is entitled to it, for example if the other is not an employee
  • You can also share pay with shared parental pay
  • A self-employed person receiving maternity allowance can transfer this to her partner to enable them to take SPL (if they qualify).

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