Skip to main content
Legal news

Shared parental leave - what is it and how does it work

James Stephenson James Stephenson
2 min read
This blog is more than 12 years old

Shared Parental Leave (“SPL”) and Statutory Shared Parental Pay (“ShPP”) have recently come into force. If your baby is due on or after 5 April 2015 (including if you adopt a child), you may be entitled to SPL and ShPP.

SPL entitles parents (or partners if they are not the parent) to split the period which the mother would normally take under maternity leave. This must be taken between birth of the child (or adoption) and its first birthday (or first year of adoption). For example, the mother could end her maternity leave after 12 weeks, then take 20 weeks of SPL leaving a further 20 weeks of SPL for the other parent/partner.

SPL can be taken in up to 3 separate blocks and these can either be taken separately or the mother and parent/partner can take the leave at the same time. It may be possible to split the blocks into shorter periods but the employer would have to agree to this.

If you are eligible for SPL you can start the period of SPL by the mother either:

· Ending any maternity (or adoption) leave by returning to work;

· Given “binding notice” to their employer of the date when they plan to end the maternity leave; or

· Ended maternity pay or allowance.

This means that SPL can begin whilst the mother is still on maternity leave, however please note that the mother cannot return to work in the first compulsory 2 weeks following birth, or 4 weeks if she works in a factory.

ShPP is worked out the same was as Statutory Maternity Pay (“SMP”) at the rate of £138.18 or 90% of your average weekly earnings, whichever is lower. Currently although mothers are allowed to take a full 52 weeks of maternity leave, they are only entitled to SMP for 39 weeks (or 37 weeks if they are only entitled to Maternity Allowance). During the period of SPP, the mother and parent/partner can take the rest of the 39 weeks of maternity pay (or if allowance - 37 weeks) as ShPP.

Client feedback

Excellent, responsive and professional service
Emma
Monika made writing my Will very easy. Her calm and friendly approach was professional, clear and reassuring. I wouldn’t hesitate to recommend Winston Solicitors.
Paul
I found Amanda very easy to deal with, she kept me in the loop and informed throughout the process, spoke in a language I understood and didn’t overpromise. She’s very professional, happy to answer questions, always courteous and knowledgeable.
Anika
Excellent job by Michelle with my conveyancing. Clear communication. Rapid responses. Everything you could want.
Graham
Michelle was our conveyancer for our recent house purchase. Her professionalism, thoroughness and quick responses throughout the process made the purchase as easy as possible for us - we are very grateful to her and the rest of the team at Winston Solicitors for their work.
Anonymous
had a great experience with winston solicitor company. The team was professional, friendly, and helpful throughout the whole process. Joe Rawnsley was fantastic. He kept me informed, answered all my questions, and made everything straightforward and stress-free. I’m very happy with the service I received and would highly recommend them to anyone looking for a reliable and trustworthy solicitor.
Bijan
They are very quick in replying and clarifying your questions. Also very smooth transaction process overall.
David
I have now used Winston’s for a number of services and highly rate them all round. My most recent experience was of their conveyancing team who have again been helpful from start to finish with the sale of my previous property and new purchase. The new purchase was not straight forward but Winston’s managed this extremely well with even the estate agent noting how helpful they were. I’m very appreciative to Michelle for her all her help with this
Jo
Contact James