A UK employment right introduced in 2015 that allows eligible parents to share up to 50 weeks of leave and 37 weeks of pay between them after the birth or adoption of a child, providing flexibility beyond the traditional maternity and paternity leave structure.
Key Takeaways
Shared Parental Leave (SPL) was designed to give UK families flexibility. Instead of the mother automatically getting 52 weeks and the father getting 2 weeks, SPL lets parents split the leave pool between them. On paper, it's a progressive policy. In practice, it's barely used. Here's how it works at a high level: the mother takes her compulsory 2 weeks of maternity leave after birth (4 weeks for factory workers). She then decides to end her maternity leave early. The remaining untaken weeks convert into a shared pool. Both parents can draw from this pool in blocks, either taking turns or overlapping. The total can't exceed 50 weeks of leave or 37 weeks of pay between both parents. The reason uptake is so low isn't a mystery. Statutory Shared Parental Pay (ShPP) is currently just over 172 per week (or 90% of average weekly earnings if lower). That's roughly 23% of the median UK salary. Most families can't afford for the higher earner to take extended leave at that rate. Since men earn more than women on average, fathers are the ones who stay at work. The system reinforces the very pattern it was designed to change.
Both parents must individually meet eligibility criteria. It's not enough for just one parent to qualify.
The mother must be entitled to maternity leave or Statutory Maternity Pay (SMP) or Maternity Allowance. She must have worked for the same employer for at least 26 weeks by the 15th week before the expected week of childbirth. She also needs to still be employed by that employer at the time she gives notice to curtail her maternity leave. If the mother doesn't qualify for maternity leave or SMP, SPL isn't available to either parent under this route.
The partner (father or the mother's spouse/civil partner/partner) must have been employed or self-employed for at least 26 weeks out of the 66 weeks before the expected week of childbirth. They must also have earned at least 390 in total across any 13 of those 66 weeks. This is the "employment and earnings test." If the partner meets this test but is self-employed, they can enable the mother to take SPL, but they can't take SPL themselves because they don't have an employer to take leave from.
The parent who actually wants to take SPL must have 26 weeks of continuous service with their employer by the 15th week before the baby is due. This is a stricter test than the employment and earnings test. Changing jobs during pregnancy can affect eligibility. If the father started a new job recently and hasn't hit 26 weeks of continuous service, he can't take SPL even if the mother curtails her leave.
The process involves multiple notifications and has strict timelines. Missing a step can delay or void the entitlement.
The mother submits a "curtailment notice" to her employer, stating the date her maternity leave will end. This must be at least 8 weeks before the curtailment date. She can give the curtailment notice before the birth (it takes effect after), or after the birth. Once the notice is binding, she can't revoke it unless she gave it before the birth and the baby hasn't been born yet, or if the partner has died.
Each parent who wants to take SPL submits a "notice of entitlement and intention" to their own employer at least 8 weeks before the first block of SPL they want to take. This notice includes the total amount of SPL and ShPP available, how much each parent intends to take, and indicative dates (which aren't binding at this stage). Both parents must also provide signed declarations confirming the other parent meets the eligibility criteria.
Each parent can submit up to three "period of leave" notices, each requesting a specific block of SPL. The employer must accept a continuous block of leave (e.g., 8 weeks in a row). However, if the parent requests discontinuous leave (e.g., 3 weeks off, 2 weeks work, 3 weeks off), the employer can refuse and instead offer one continuous block. If no agreement is reached within 2 weeks, the parent can either take the total weeks requested as one continuous block, starting on the date in the notice, or withdraw the request.
ShPP follows specific rates that are significantly lower than most employees' regular salary.
| Component | Rate/Amount | Duration | Notes |
|---|---|---|---|
| Statutory Shared Parental Pay (ShPP) | 172.48/week or 90% of AWE (whichever is lower) | Up to 37 weeks total (shared) | 2024/25 rate, reviewed annually |
| Employer-enhanced ShPP | Varies by company | Varies | Only ~5% of employers offer enhanced ShPP |
| Statutory Maternity Pay (first 6 weeks) | 90% of average weekly earnings | 6 weeks | This portion isn't shareable, taken before SPL starts |
| Tax treatment | ShPP is taxable income | N/A | Subject to income tax and National Insurance |
| Pension contributions | Employer must continue pension during paid SPL | Duration of ShPP | Employee can opt to continue their contributions |
Since its 2015 launch, only about 2% of eligible families have used SPL. Several factors explain this persistent gap between policy and practice.
At 172 per week, ShPP doesn't replace enough income for most families. If the father earns the UK median salary of roughly 35,000, taking 10 weeks of SPL means giving up about 5,000 in lost wages (after deducting ShPP). For higher earners, the gap is even larger. Unless the employer enhances ShPP to match full salary, most families can't justify the financial hit.
The three-stage notification process, 8-week notice periods, curtailment notices, declarations, and the distinction between continuous and discontinuous leave make SPL confusing for both employees and HR teams. Many parents don't understand how it works. Some HR departments don't either. The process feels bureaucratic compared to simply taking maternity or paternity leave.
Workplace culture still defaults to mothers taking leave and fathers taking two weeks. Fathers who request longer leave sometimes face informal pushback from managers or feel pressure to return quickly. Until senior leaders visibly take SPL and companies actively promote it, cultural barriers will keep uptake low.
Companies that want to move the needle on SPL adoption need to address all three barriers: financial, administrative, and cultural.
Data showing the current state of SPL in the UK.