Shared Parental Leave allows one partner to reduce some of their entitlement to Statutory Maternity Leave or Statutory Adoption Leave so their partner can have more leave.

How this affects entitlement to contractual parental pay can be complicated. If you are in a union, you could ask them for help understanding your rights. 

You may be able to get Shared Parental Leave (SPL) and Statutory Shared Parental Pay (SSPP) if:

• Your baby is due or you have been notified of an adoption match or have a child placed for adoption and,

• You (mother, birthing parent or adopter) are entitled to Statutory Maternity Pay (SMP), Statutory Adoption Pay (SAP) or Maternity Allowance (MA) based on your own employment or self-employment, and

• You reduce the period over which you are paid Statutory Maternity Pay, Statutory Adoption Pay or Maternity Allowance from the maximum of 39 weeks, and

• You share the main care of the child with your ‘partner’ (spouse, civil partner or joint adopter) and you both agree to the Statutory Shared Parental Pay claim, and

• You meet the requirement for being ‘continuously employed  for a set period’ and your partner meets a set ‘employment and earnings requirement’.

If you get Maternity Allowance on the basis of your employment or self-employment and you reduce the length of time over which Maternity Allowance is paid, you cannot qualify for Statutory Shared Parental Pay, though your child’s father or your partner may qualify.

Shared Parental Leave (SPL)

To get Shared Parental Leave (SPL):

• You must share care of the child with either your spouse, civil partner or joint adopter, the child’s other parent, or your partner (if they live with you and the child)

• You or your partner must be eligible for Statutory Maternity Pay or Leave, Statutory Adoption Pay or Leave or Maternity Allowance.

• You must have been employed continuously by your employer for at least 26 weeks by the end of the 15th week before the expected week of birth (or by the end of the week in which notification of the adoption match is received)

• You must still be employed by your employer until the week before you take any period of SPL.

And, during the 66 weeks before the week the baby’s due date (or the week you’re matched with your adopted child), your partner must:

• Have been working for at least 26 weeks (which do not have to be continuous). They can be employed, self-employed or as an agency worker

• Have earned at least £30 a week on average in 13 of the 66 weeks.

Your partner doesn’t have to be working at the date of birth or when you start SPL or SSPP.

Statutory Shared Parental Pay (SSPP)

You can get SSPP if you’re an employee and one of the following applies:

• You’re eligible for Statutory Maternity Pay or Statutory Adoption Pay, or

• You’re eligible for Statutory Paternity Pay and your partner is eligible for Statutory Maternity Pay, Maternity Allowance or Statutory Adoption Pay.

*You can also get SSPP if you’re a worker and you’re eligible for SMP or SPP.

Reviewed June 2022

Statutory Shared Parental Pay (SSPP) is paid at the rate of £172.48 a week or 90% of your average weekly earnings, whichever is lower.

This is the same as Statutory Maternity Pay (SMP) except that during the first 6 weeks SMP is paid at 90% of whatever you earn (with no maximum).

SPL and SSPP must be taken between the baby’s birth and first birthday (or within one year of adoption).

Updated: April 2023

Statutory Shared Parental Pay (SSPP) is claimed from and paid by an employer.

This means that in most cases, both partners will need to tell their employer that they want to use Shared Parental Leave and Pay. 

• Ask if your employer has a form they need you to use to tell them you want to use Shared Parental Leave and Pay

You can only start (SPL) or (SSPP) once the child has been born or placed for adoption and the person getting adoption leave or pay does one of the following:

• Ends any maternity or adoption leave by returning to work

• Gives their employer ‘binding notice’ (a decision that can’t normally be changed) of the date when they plan to end any maternity or adoption leave.

An employer must be given written notice which must be at least eight weeks before the date that you want to start SPL or SSPP. You can give notice for leave and pay at the same time if you’re eligible to get both.

You can book up to three separate blocks of Shared Parental Leave instead of taking it all in one go, even if you aren’t sharing the leave with your partner.

You must tell your employer about your plans for leave when you apply. You can change your mind later about your plans or how much Shared Parental Leave or Statutory Shared Parental Pay you plan to take and when you want to take it. You must give notice of any changes at least eight weeks before the start of any leave.

Reviewed June 2022

When giving notice to take Statutory Shared Parental Pay or Shared Parental Leave, you will need:

• National insurance numbers for you and your partner

• Your child’s expected week of birth, actual date of birth, or date of placement

• Details of how much shared parental leave you and your partner each intend to take and exact dates. 

Your employer can also ask you for more information within 14 days of you applying for Shared Parental Leave or Statutory Shared Parental Pay.

They can ask for:

• A copy of the birth certificate

• A declaration of the place and date of birth (if the birth hasn’t been registered yet)

• The name and address of your partner’s employer or a declaration that your partner has no employer.

If you’re adopting, your employer can ask for the:

• Name and address of the adoption agency

• Date you were matched with the child

• Date the child will be start to live with you

• Name and address of your partner’s employer or a declaration that your partner has no employer.

You must give this information within 14 days of being asked for it.

Reviewed June 2022

You may be able to cancel your decision to end your shared maternity or adoption leave early in exceptional circumstances if both the following apply:

• The planned end date hasn’t passed

• You haven’t already returned to work

and one of the following must also apply:

• Within eight weeks of you (mother/ birthing parent/ person entitled to Statutory Adoption Pay) submitting notice to end maternity/adoption leave, you find out that neither you or your partner qualifies for Shared Parental Leave or Statutory Shared Parental Pay

• You (mother/ birthing parent/ person entitled to Statutory Adoption Pay) gave notice to end leave before the birth and not less than six weeks after the birth

• Your partner dies (if you are the mother / birthing parent / person entitled to Statutory Adoption Pay of child).

Reviewed June 2022

• ACAS information on Shared Parental Leave and Statutory Shared Parental Pay

• GOV.UK information on Shared Parental Leave and Statutory Shared Parental Pay

It can be hard to decide whether or not to use Shared Parental Leave. 

If you are a member of a union, they might be able to give you advice.

It can be a good idea to get advice on your options for using Maternity, Paternity, Adoption or Shared Parental Leave and Pay.

Reviewed: June 2022