2025 UK Employment Law Changes

Employee Rights & Leave 2 min read

What is shared parental leave?

Reviewed by Rebecca Hughes, Senior HR Consultant, CIPD Level 7 Last updated: 10 February 2026
Expert Answer

Shared Parental Leave (SPL) gives parents greater flexibility in how they share time off after having a child. Instead of the mother taking all 52 weeks of maternity leave, parents can share the remaining leave and pay between them — including taking leave at the same time.

How It Works

The mother (or primary adopter) must curtail their maternity (or adoption) leave to create SPL. The untaken balance — up to a maximum of 50 weeks' leave and 37 weeks' pay — can then be shared between the parents.

  • The mother must take at least 2 weeks' compulsory maternity leave
  • The remaining 50 weeks can be shared
  • Parents can take leave at the same time, in turns, or in blocks
  • Up to 3 separate blocks of leave can be requested (each requiring 8 weeks' notice)

Eligibility

Both parents must meet eligibility criteria:

  • The parent taking SPL must: Have 26 weeks' continuous service by the 15th week before the due date, still be employed at the start of each period of SPL, and give the correct notices
  • The other parent must: Have worked for at least 26 weeks in the 66 weeks before the due date and have earned above the minimum threshold in at least 13 of those weeks

Shared Parental Pay (ShPP)

ShPP is paid at the flat statutory rate (or 90% of average earnings if lower) for up to 37 weeks combined between both parents. The first 6 weeks' SMP at 90% is not available as ShPP — only the flat-rate weeks convert.

Planning and Notice

Parents must provide:

  • A curtailment notice from the mother ending her maternity leave
  • A notice of entitlement and intention (at least 8 weeks before the first period of SPL)
  • A period of leave notice for each block (at least 8 weeks before it starts)

Employer Obligations

  • Employers cannot refuse SPL if the employee is eligible
  • Continuous blocks must be accepted; discontinuous blocks can be refused (the employer can suggest alternatives)
  • Employees on SPL have the same protections as those on maternity leave regarding detriment and dismissal

SPL can be complex to administer. Our HR support service guides employers through the process. Get help.

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