Shared Parental Leave and Shared Parental Pay are schemes that parents can benefit from. Indeed, this is true if they are giving birth, adopting, or having a child through surrogacy. Furthermore, this is a benefit for parents who are employed, and have worked with their employer for some time. This Your Benefits article will tell you everything you need to know.
How does Shared Parental Leave and Shared Parental work?
You may be eligible for Shared Parental Leave (SPL) and Statutory Shared Parental Pay (ShPP). Indeed, this is true if you are doing one of the following:
- adopting a child ;
- having a child (giving birth);
- having a child through surrogacy;
- fostering a child, as a means to then adopt them.
If you are eligible, you will be eligible to receive up to 50 weeks of Shared Parental Leave (SPL). This is an amount you can share with your partner. For Statutory Shared Parental Pay (ShPP), you can receive benefit from the scheme for up to 37 weeks between the two of you.
You must share the leave and pay within the first year of you being responsible for the child. Indeed, this is either one year after they are born, or one year after you adopted them. Furthermore, you do not have to take your Shared Parental Leave in one go. Indeed, you can take it in periods, and work when you are not on leave.
Additionally, you may choose to take the Shared Parental Leave and Pay together with your partner. However, you don’t have to. Indeed, you can alternate your leave and pay between you and your partner.
Shared Parental Leave UK and Shared Parental Pay: am I eligible?
You may be eligible to receive Shared Parental Leave and Shared Parental Pay. For this to be true, you and your partner needs to do the following:
- Be eligible (the eligibility for birth parents and adopters and surrogacy are different);
- Contact your employer and give notice of your decision;
- Not take the maximum amount of adoption or maternity leave and pay.
You may be the birth parents of a child. If this is the case, two things need to apply for both parents. Indeed, you must:
- Meet the eligibility criteria for your work and income, which depends on who wants to take the Shared Parental Leave and Pay;
- Both be responsible for the child when they are born.
Both parents may want to share the Shared Parental Leave and Pay. If this is the case, some conditions need to apply to both of them. Indeed, they must:
- By the end of the 15th week prior to the due date, have been employed by their employer for a minimum of 26 weeks;
- Continue to be employed by the same employer before their Shared Parental Leave starts.
What if the mother or their partner wants to take Shared Parental Leave and Pay by themselves?
The partner of the mother may wish to take Shared Parental Leave and Pay. If this is the case, some conditions need to apply to both parents individually.
For the mother, the conditions are as follows:
- In the 66 weeks prior to the week of the baby’s due date, she must have worked a minimum of 26 weeks. They do not need to be 26 consecutive weeks
- In total, she must have earned a minimum of £390 during 13 of the 66 weeks. This is calculated by adding up the weeks where she was paid the highest amounts, and they do not need to be consecutive
The partner of the mother has different requirements. Indeed, for them, the following needs to be true:
- By the end of the 15th week prior to the due date, have been employed by their employer for a minimum of 26 weeks;
- Continue to be employed and work for the same employer before their Shared Parental Leave starts.
The mother may wish to be the one to take Shared Parental Leave. If this is the case, the first set of conditions need to apply to the mother, and the second one to their partner. In other words, the eligibility listed above needs to be flipped.
What if I am adopting or using surrogacy?
If you are fostering to adopt or adopting, both you and your partner must be responsible for the child from the moment that the child is placed with you. If you are using surrogacy, both you and your partner must be responsible for the child as soon as they are born.
Both parents may chose to share ShPP and SPL. If this is the case, they must stay with their current employer until their benefit starts. For adoption, you and your employer must have been employed by your employer until the week you or your partner is matched with a child. For surrogacy, this needs to be by the end of the 15th week prior to the baby’s due date.
If only one parent decides to take SPL and ShPP, then this only needs to apply to them. Then, the following needs to apply to the other parent:
- In the 66 weeks prior to the week of the child being placed with them, they must have worked a minimum of 26 weeks. They do not need to be 26 consecutive weeks;
- In total, they must have earned a minimum of £390 during 13 of the 66 weeks. This is calculated by adding up the weeks where they were paid the highest amounts, and they do not need to be consecutive.
Shared Parental Leave and Pay: what will I get?
The amount of Shared Parental Leave and pay that you will be able to get depends on the amount of adoption or maternity pay and leave your partner or you used. Indeed, if you qualify for SPL or ShPP, you may do the following:
- Not take out the maximum 52 weeks of adoption or maternity leave. You will be able to take out the remaining weeks as Shared Parental Leave
- Not take out the maximum 39 weeks of adoption or maternity pay (or Maternity Allowance), and use the rest as Statutory Shared Parental Pay
For Shared Parental Pay, you will be able to receive either £156.66 weekly or 90% of the average of your weekly earnings. Indeed, the one that you receive depends on whichever is lower.
| Shared Parental Leave and Shared Parental Pay amounts | |
|---|---|
| Name of benefit | Amount or/and duration |
| Shared Parental Leave | Up to 50 weeks |
| Statutory Shared Parental Pay | Either £156.66 or 90% of your average earnings weekly (whichever is lower) for 37 weeks |
Shared Parental Leave and Shared Parental Pay: when can it start?
In order to start Shared Parental Leave and Pay, you must first follow the rules for how your SPL and ShPP can start.
Indeed, in order to be able to start their Statutory Shared Parental Leave, the mother (or individual claiming adoption leave) must do one of the following:
- Give a ‘binding notice’ indicating the exact date on which they want their leave to finish. You may also indicate when you want to start receiving SPL when you do this;
- Go back to work. This will put an end to your adoption or maternity leave, if you had any.
To start their Shared Parental Pay, the mother (or individual claiming adoption pay) must provide their employer with ‘biding notice’. Indeed, this must indicate the date on which they want to stop their adoption or maternity pay.
Shared Parental Leave and Shared Parental Pay: how to apply?
In order to apply for Shared Parental Leave and Shared Parental Pay, a couple of things needs to be true. First, you need to follow the rules for how to start your ShPP and SPL. Then, you need to give your written notice to your employer a minimum of 8 weeks before your leave date.
Your employer might have their own forms that you can fill out to do this. However, Acas has also created templates for Shared Parental Leave forms. Indeed, they are to communicate the following information:
- Give notice to your employer about your plan to take Shared Parental Leave and Shared Parental Pay. Additionally, to give notice on when the maternity, adoption leave and maternity or adoption pay of the adopter or mother will end;
- the exact leave dates.
