Sometimes only one parent in a couple will be eligible for shared parental leave (SPL) and statutory shared parental pay (ShPP). This means that they cannot share the leave.
If your employee is eligible then they can use SPL to book their leave in separate blocks.
Shared parental leave
To qualify for SPL, the child’s mother (or adoptive parent) must be eligible for either:
- maternity leave or pay
- maternity allowance
- adoption leave or pay
Your employee must also:
- have worked for you continuously for at least 26 weeks by the end of the 15th week before the due date (or date they are matched with their adopted child)
- still be employed by you while they take SPL
- give you the correct notice including a declaration that their partner meets the employment and income requirements which allow your employee to get SPL
Statutory shared parental pay
Your employee can get ShPP if one of the following applies:
- they qualify for statutory maternity pay
- they qualify for statutory paternity pay and have a partner who qualifies for statutory maternity pay or maternity allowance or statutory adoption pay
ShPP is paid at the rate of whichever is the lower of:
- £140.98 a week
- 90 per cent of the employee’s average weekly earnings
Rejecting an SPL or ShPP application
You must reject an SPL or ShPP application if the employee doesn’t meet the qualifying criteria.
You must tell the employee the reason if you reject an ShPP application. You do not have to give a reason for refusing SPL but it would be good management practice to provide an explanation.