Shared Parental Leave (SPL) enables eligible parents to choose how to share the care of their child during the first year of birth or adoption. Its purpose is to give parents more flexibility in considering how to best care for, and bond with, their child. All eligible employees have a statutory right to take up to 50 weeks between them of Shared Parental Leave during the child’s first year in their family. This can be taken in a continuous block or, subject to ESC approval, as several smaller (discontinuous) blocks of leave. 

Qualifying for Shared Parental Leave

SPL can only be used by two people: 

• The mother/ main adopter / parental order parent (surrogacy) (the “primary carer”) and 
• One of the following (the “partner of primary carer”):
  • the father of the child (in the case of birth) or
  • the spouse, civil partner or partner of the child's mother/ main adopter/ parental order parent. 

For ease of reference this policy will refer to “primary carer” and “partner of primary carer”, however, it should be noted that these definitions encompass the full definitions provided above.

Both “primary carer” and “partner of primary carer” must share the main responsibility for the care of the child at the time of the birth/placement for adoption. 

Additionally, an employee seeking to take SPL must satisfy each of the following criteria: 

• the “primary carer” of the child must be/have been entitled to Statutory Maternity/Adoption Leave or if not entitled to Statutory Maternity/Adoption Leave they must be/have been entitled to Statutory Maternity/Adoption Pay or Maternity Allowance.  They must take or have taken the first 2 weeks of Maternity / Adoption Leave and must have ended or given notice to curtail any Maternity/Adoption Leave entitlements;
• the employee (who can be the “primary carer” or “partner of primary carer”) must still be working for the organisation at the start of each period of SPL;
• the employee (who can be the “primary carer” or “partner of primary carer”) must pass the ‘continuity test’ requiring them to have a minimum of 26 weeks' service at the end of the 15th week before the child’s expected due date (birth and surrogacy) or matching date (adoption); 
• the employee (who can be the “primary carer” or “partner of primary carer”)’s partner must meet the ‘employment and earnings test’ requiring them in the 66 weeks leading up to the child’s expected due date/matching date have worked for at least 26 weeks and earned an average of at least £30 per week (this is correct as of 2024 but may change annually – the Corporate Services Team can provide the current figure to an employee in advance of their making an application for SPL) in any 13 of those weeks;
• the employee (who can be the “primary carer” or “partner of primary carer”) must correctly notify the organisation of their entitlement and provide evidence as required - Please see Section 3. Process.

Summary Shared Parental Leave and Pay (Booking) Flowchart

Discussions regarding Shared Parental Leave

An employee (who can be the “primary carer” or “partner of primary carer”) considering/taking SPL is encouraged to contact their line manager to arrange an informal discussion as early as possible regarding their potential entitlement, to talk about their plans and to enable ESC to support them. 

Notifying ESC of an intention to take Shared Parental Leave

Employees entitled to and intending to take SPL are expected to notify ESC in writing at least eight weeks before they can take any period of SPL.  Details of the notification should include:

• the name of the employee;
• the name of the other parent; 
• the start and end dates of any Maternity/Adoption Leave or Pay, or Maternity Allowance, taken (or intended to be taken) in respect of the child and the total amount of SPL available;
• the date on which the child is expected to be born or matched and (if known) the actual date of birth or the date on which the employee was notified of having been matched with the child and the date of placement for adoption or date the child arrived in the UK for overseas adoptions;
• the amount of SPL the employee and their partner each intend to take (in complete weeks – the maximum available is 50 weeks)
• a non-binding indication of when the employee expects to take the leave. 

The employee (who can be the “primary carer” or “partner of primary carer”) must provide ESC with a signed declaration stating:

• that they meet, or will meet, the eligibility conditions and are entitled to take SPL;
• that the information they have given is accurate;
• if they are not the “primary carer” they must confirm that they are either the father of the child or the spouse, civil partner or partner of the “primary carer”; 
• that should they cease to be eligible they will immediately inform their line manager.

The employee (who can be the “primary carer” or “partner of the primary carer”) must provide ESC with a signed declaration from their partner confirming: 

• their name, address and National Insurance number (or a declaration that they do not have a National Insurance number); 
• that they are the mother/adopter of the child or they are the father of the child or are the spouse, civil partner or partner of the mother/adopter; 
• that they satisfy the ‘employment and earnings test’ (see “qualifying for Shared Parental Leave” section above), and had at the date of the child’s birth or placement for adoption the main responsibility for the child, along with the employee;
• that they consent to the amount of SPL that the employee intends to take; 
• that they consent to ESC processing the information contained in the declaration form; and 
• (in the case where the partner is the “primary carer”), that they will immediately inform their partner should they cease to satisfy the eligibility conditions.

Requesting further evidence of eligibility 

ESC may, within 14 days of the SPL entitlement notification being given, request:

• the name and business address of the partner’s employer (where the employee’s partner is no longer employed or is self-employed their contact details must be given instead)
• in the case of biological parents, a copy of the child's birth certificate (or, where one has not been issued, a declaration as to the time and place of the birth).
• in the case of an adopted child, documentary evidence of the name and address of the adoption agency, the date on which they were notified of having been matched with the child and the date on which the agency placed the child for adoption

In order to be entitled to SPL, the employee must produce this information within 14 days of the request, or within 14 days of the birth / adoption placement where that has not yet occurred. 

Notifying ESC of a request for Shared Parental Pay

Employees entitled to receive ShPP are expected to notify ESC in writing at least eight weeks before receiving any ShPP.  To avoid duplication, if possible, this should be included as part of the notice of entitlement to take SPL.  In addition to what must be included in the notice of entitlement to take SPL, any notice that advises of an entitlement for ShPP must include:

• the start and end dates of any Maternity/Adoption Pay or Maternity Allowance; 
• the total number of weeks of ShPP available, the number of weeks of ShPP the employee and their partner each intend to claim, and a non-binding indication of when the employee expects to claim ShPP;
• a signed declaration from the employee confirming that the information they have given is correct, that they meet, or will meet, the criteria for ShPP and that they will immediately inform the organisation should they cease to be eligible.

It must be accompanied by a signed declaration from the employee’s partner confirming: 

• their agreement to the employee claiming ShPP and for the organisation to process any ShPP payments to the employee; 
• (in the case where the partner is the “primary carer”) that they have reduced their Maternity/Adoption Pay or Maternity Allowance; 
• (in the case where the partner is the “primary carer”) that they will immediately inform their partner should they cease to satisfy the eligibility conditions.

Any SShPP due will be paid at a rate set by the Government for the relevant tax year.

Responding to the employee’s intention to take SPL

Within 28 days of receipt of all information from the employee supporting their intention to take SPL, ESC will confirm in writing that the intention has been accepted.  If no meeting has already been held to discuss the practicalities of the SPL arrangements, this will usually now be arranged.

Fraudulent claims 

ESC will, where there is a suspicion that fraudulent information may have been provided or where ESC has been informed by the HMRC that a fraudulent claim was made, investigate the matter further in accordance with the disciplinary policy. 

Booking Shared Parental Leave 

In addition to notifying the employer of entitlement to SPL/ShPP, an employee must also give notice to take (book) the leave. In many cases, notice to take leave will be given at the same time as the notice of entitlement to SPL. 

The employee has the right to submit three notifications specifying leave periods they are intending to take.  Each notification may contain either (a) a single period of weeks of leave; or (b) two or more weeks of discontinuous leave, where the employee intends to return to work between periods of leave.

SPL can only be taken in complete weeks but may begin on any day of the week. For example if a week of SPL began on a Tuesday it would finish on a Monday.  Where an employee returns to work between periods of SPL, the next period of SPL can start on any day of the week.

The employee must book SPL by giving the correct notification at least eight weeks before the date on which they wish to start the leave and (if applicable) receive ShPP or CShPP.

Continuous leave notifications

A notification can be for a period of continuous leave, which means a notification of a number of weeks taken in a single unbroken period of leave (for example, six weeks in a row).

An eligible employee has the right to take a continuous block of leave notified in a single notification, so long as it does not exceed the total number of weeks of SPL available to them (specified in the notice of entitlement) and ESC has been given at least eight weeks’ notice.

The employee may submit up to three separate notifications for continuous periods of leave. 

Discontinuous leave notifications

A single notification may also contain a request for two or more periods of discontinuous leave, which means asking for a set number of weeks of leave over a period of time, with breaks between the leave where the employee returns to work (for example, an arrangement where an employee will take six weeks of SPL and work every other week for a period of three months).

Where there is concern over accommodating the notification, ESC or the employee may seek to arrange a meeting to discuss the notification with a view to agreeing an arrangement that meets the needs of both parties. 

ESC will consider a discontinuous leave notification but has the right to refuse it.  If the leave pattern is refused, the employee can either withdraw it within 15 days of giving it, or can take the leave in a single continuous block.

Responding to a Shared Parental Leave booking notification

Once the line manager receives the leave booking notice, it will be dealt with as soon as possible, but a response will be provided no later than the 14th day after the leave request was made.

All notices for continuous leave will be confirmed in writing.

All requests for discontinuous leave will be carefully considered, weighing up the potential benefits to the employee and to ESC against any adverse impact to the business. 

Each request for discontinuous leave will be considered on a case-by-case basis. Agreeing to one request will not set a precedent or create the right for another employee to be granted a similar pattern of SPL. 

The employee will be informed in writing of the decision as soon as is reasonably practicable, but no later than the 14th day after the leave notification was made. The request may be granted in full or in part: for example, ESC may propose a modified version of the request. 

If a discontinuous leave pattern is refused then the employee may withdraw the request without detriment on or before the 15th day after the notification was given; or may take the total number of weeks in the notice in a single continuous block. If the employee chooses to take the leave in a single continuous block, the employee has until the 19th day from the date the original notification was given to choose when they want the leave period to begin. The leave cannot start sooner than eight weeks from the date the original notification was submitted. If the employee does not choose a start date then the leave will begin on the first leave date requested in the original notification.

Variations to arranged Shared Parental Leave

The employee is permitted to vary or cancel an agreed and booked period of SPL, provided that they advise the organisation in writing at least eight weeks before the date of any variation. Any new start date cannot be sooner than eight weeks from the date of the variation request. 

Any variation or cancellation notification made by the employee, including notice to return to work early, will usually count as a new notification reducing the employee’s right to book/vary leave by one notification (out of three in total). However, a change as a result of a child being born early, or as a result of ESC requesting it be changed, and the employee being agreeable to the change, will not count as further notification. Any variation will be confirmed in writing by ESC. 

Employer / Employee contact during Shared Parental Leave 

When the employee is on Shared Parental leave, ESC may make reasonable contact with them.  The frequency and nature of the contact will depend on a number of factors, such as the nature of the work, the length of the time away from the workplace, any agreement which may have been reached before shared parental leave began as to contact and whether either party needs to communicate important information to the other.  At the very least, there will be an exchange of correspondence about how much accrued holiday entitlement the employee has, and how this will be taken around the time of return to work.

Some examples of other forms of reasonable contact:

Shared Parental Leave in Touch days:

ESC will arrange where mutually agreed up to 20 'shared parental leave in touch' (SPLIT) days during the period of leave. During any actual working time as a result of the SPLIT days, the employee will be paid at their normal rate of pay.  This will then be offset against their CShPP / ShPP entitlement for that week. Employees should note that full days or part days are calculated as a part of the 20 ‘shared parental leave in touch’ days. 

An employee, with the agreement of ESC, may use SPLIT days to effect a gradual return to work by the employee towards the end of a long period of Shared Parental Leave or to supplement breaks in shared parental leave or to trial a possible flexible working pattern.

Changes in the workplace:

ESC will keep the employee updated about any significant changes in the workplace while they are on Shared Parental Leave including any opportunities for promotion or job vacancies.  Where operational changes involve redundancies, ESC will ensure that, where the employee is affected, they are fully consulted.  Please refer to the Leaving Employment Policy

Returning to Work

Discussion may take place to ensure that plans are in place for the employee’s return to work in relation to:

• Any request to amend working practices or to facilitate a phased return into the workplace
• Introducing new colleagues
• Introducing new working practices or policies
• the availability of a workstation, computer etc
• any refresher training required
• communicating with any affected employees (including any temporary staff hired to cover the absence)

If an employee becomes pregnant during their Shared Parental Leave, or if another child is placed with the employee for adoption (under an entirely new adoption process – e.g. not including adoption of a sibling under the same process) then they have the right to further Ordinary and Additional Maternity or Adoption Leave.  This can be reduced in order to take Shared Parental Leave, provided all the qualifying criteria are met, in the same way as any other period of Maternity / Adoption Leave.

If an employee decides not to return to work following Shared Parental Leave, they must give ESC notice of termination of employment in the normal way. 

Employees may be able to take an additional period of leave (e.g. Parental Leave) immediately following their period of Shared Parental Leave.  Please refer to the Parental Leave page for further information.