How does Shared Parental Leave and pay work between two parents?

Full answer

Shared Parental Leave (SPL) allows eligible parents to convert most of the mother's (or primary adopter's) maternity or adoption leave and pay entitlement into a shared pot that both parents can draw from, in a much more flexible way than the older system of fixed maternity and paternity leave alone. **How the leave pot is created** Statutory Maternity (or Adoption) Leave is 52 weeks and Statutory Maternity/Adoption Pay covers up to 39 of those weeks. By curtailing (ending early) their maternity or adoption leave and pay, the mother or primary adopter can convert the UNUSED remaining weeks into Shared Parental Leave (up to 50 weeks) and Shared Parental Pay (up to 37 weeks), which can then be split between both parents. **Flexibility in how it is taken** Unlike the older system, SPL can be taken in discontinuous blocks (returning to work in between), and both parents can even take leave AT THE SAME TIME if they wish, rather than the leave having to be taken by only one parent at once -- this flexibility is the main appeal of SPL over the traditional maternity/paternity split. **Eligibility conditions** Both parents generally need to meet employment and earnings eligibility tests (broadly similar in spirit to the tests for Maternity and Paternity Pay, involving continuous employment and minimum earnings), and the mother/primary adopter must be eligible for and have curtailed their own maternity/adoption leave and pay entitlement for the other parent to access SPL. **Worked example** A mother takes 12 weeks of Maternity Leave and Pay after birth, then curtails her remaining entitlement. The remaining 40 weeks of leave and 27 weeks of pay become available as Shared Parental Leave/Pay, which she and her partner can then split between them in blocks over the child's first year, potentially both being off work together for a period, or alternating. **Statutory Shared Parental Pay rate** Statutory Shared Parental Pay is generally paid at the same standard weekly rate as the later weeks of Statutory Maternity Pay (the lower of a set statutory weekly rate or 90% of average weekly earnings), not at full salary, unless an employer offers an enhanced contractual scheme. **Practical tip** Both parents should notify their respective employers of their intention to take SPL well in advance (specific notice periods apply), and check whether either employer offers an enhanced (above statutory) shared parental pay scheme, since this can significantly change the financial comparison between taking SPL and the mother simply using her full maternity entitlement herself.

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