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Payment into trade union political funds
The role of trade unions and their representatives
How employers can work with trade unions on collective bargaining, information and consultation, and attendance at disciplinary and grievance hearings.
Although trade unions look after the interests of their members, they also recognise the advantages of working in partnership with employers. This is because a successful, profitable business is good for workers and therefore good for the union and its members.
An employer and a recognised trade union interact with the workplace in a number of ways, as set out below.
Trade unions: negotiating collective agreements
If you recognise a trade union in your workplace, you will probably have agreed with the union to bargain with it about the terms and conditions of employment of those workers who fall within a defined bargaining unit.
Sometimes, that bargaining unit will include all workers but it is common for the unit to include just certain categories of workers, eg production line operatives or technicians.
The objective of such collective bargaining is to conclude a collective agreement with the trade union. Where an independent trade union is recognised, the employer is obliged to disclose information to the trade union to facilitate the bargaining process.
Read Labour Relations Agency guidance on disclosure of information to trade unions for collective bargaining purposes.
A collective agreement is between a recognised trade union (or group of unions) and an employer (or groups of employers). Most typically, they set out the terms and conditions - eg pay, benefits, and working time - to be included in the employment contracts of the workers in the bargaining unit. Other collective agreements are purely procedural and regulate the working relationship between the union(s) and the employer(s).
A collective agreement isn't legally enforceable unless it:
- is in writing
- states that it's meant to be legally enforceable
In the UK, most collective agreements are not legally enforceable.
For more information on collective bargaining and collective agreements, see recognising and derecognising a trade union.
Trade unions: Informing and consulting
Under certain circumstances, you must inform - and consult with - representatives of a recognised trade union about:
- collective redundancies - see redundancy: the options
- transfers of business ownership - see responsibilities to employees if you buy or sell a business
- occupational and personal pension schemes - see know your legal obligations on pensions
- health and safety - see consult your employees on health and safety
However, you could enter a voluntary agreement with a trade union to inform and consult the union about broader business and workplace issues on a regular, ongoing basis. The union may want to set up a joint consultative committee specifically for this purpose.
For further information, see how to inform and consult your employees.
Trade unions: representing workers at disciplinary and grievance hearing
Employees and other workers have the right to be accompanied at a disciplinary or grievance hearing. They can choose to be accompanied by a co-worker or a union representative. Often, the union representative will be a workplace representative who is also a co-worker.
Non and partly unionised workplaces
You may have to inform and consult other workplace representatives - known as employee representatives - where you:
- Don't recognise any trade union in your workplace.
- Do recognise a union (or unions) in your workplace but not all your workers are represented by that union (or those unions). This may be because they do not belong to the bargaining unit for which the trade union is recognised.
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Advantages of trade union recognition
How a recognised union can advise employers and workers on key issues.
Some employers prefer to deal directly with their workers - or their elected representatives - without trade union involvement.
However, recognising and working closely with a trade union has a number of advantages.
Single point of contact
Having a single body for negotiating terms and conditions for workers is simpler than dealing with workers individually.
However, once you have agreed to this collective style of negotiating, you'll be obliged to disclose certain information to the union for collective bargaining purposes - see recognising and derecognising a trade union.
Worker involvement
If you negotiate terms and conditions and consult on workplace issues with a recognised union:
- your workers are likely to feel more involved in the way the business is run
- you can encourage trust and commitment among the workforce
In turn, these may help your business by improving retention rates.
Experience of employment relations
Trade unions represent not only the workers in your business but many others in similar, related organisations. Therefore, they're likely to have a broad perspective on many issues affecting your organisation.
Union representatives with experience in employment relations in particular are a useful source of legal and good-practice advice on HR and employment law issues. This experience may be especially useful during difficult times, eg during proposed collective redundancies or business transfers - see the role of trade unions and their representatives.
If you can show the union representatives that you are interested to hear about your workers' concerns, they in turn may help get your message across to their members. Even unpopular decisions may be more acceptable to your workers if you can persuade them and their union that a change is necessary for the continued health of the business. For more information, see how to inform and consult your employees.
Informing and consulting with experienced union representatives - together with input from workers - can also help you make better-informed business decisions in general, eg in relation to shift patterns or the kind of equipment you should invest in.
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Improving relations with trade union representatives
How to ensure that relations with trade union officials run as smoothly as possible.
As an employer you have certain responsibilities towards union representatives who are your employees. However, you can improve relations with representatives and their union members by offering them help to carry out their administrative duties.
Time off work for trade union duties
If you recognise a trade union, it is normal for that trade union to appoint or elect one or more local workplace representative(s).
Employees who are such representatives of an independent, recognised trade union are entitled to reasonable time off work with pay for union duties and to undergo union training at an appropriate time.
In addition, such workplace representatives, in common with other members of the recognised trade union, are entitled to reasonable time off without pay to engage in union activities, eg to attend the annual conference of the trade union.
When arranging time off, union representatives and the employer are expected to consider the effect of their absence in terms of health and safety, inconvenience for the employer and the safety of the public. See trade union membership rights.
Read Labour Relations Agency (LRA) guidance on time off for trade union duties and activities.
Information and consultation
It is a good idea to:
- inform representatives of recognised trade unions about important developments in the business that may affect their working conditions
- consult them before implementing such changes
You have specific legal obligations to inform and consult union representatives on certain matters - see the role of trade unions and their representatives.
Use of company facilities
To help union representatives carry out their duties, you could:
- allow them use of company facilities, eg office space, telephone and email access
- help with union administration, eg by deducting subscriptions from employees' wages, something known as 'check-off'
If relations with trade unions break down
If relations between you and your employees and/or their unions deteriorate and you can't find a solution, outside help may be needed, eg from the Labour Relations Agency (LRA), to improve relations or settle any dispute. See our guide on industrial disputes.
The LRA offers voluntary collective conciliation services to employees and employers experiencing collective disputes.
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Paying trade union subscriptions
How you can help your workers make payments to their union via your payroll system.
Some trade union members pay their union subscriptions by deduction from their wages. The employer passes these payments directly to their union. These arrangements are commonly known as the 'check-off'.
Administering the check-off
Where check-off arrangements exist, you may lawfully make deductions only where the worker has given you their written consent and has not subsequently withdrawn that consent.
The consent must be signed and dated and contain their authorisation to check off deductions being made from their wages. The authorisation document is effective from the date on which the worker signs it and remains valid until it is withdrawn.
You can pre-print consent forms as long as the worker signs and dates the form personally.
A union can obtain the written authorisation and then forward it to you. However, you remain responsible for ensuring that deductions are not made unlawfully.
A worker who has union subscriptions deducted from their wages by their employer may make a complaint to an industrial tribunal against the employer if the deduction was made without proper authorisation.
The duration of check-off arrangements
You are not obliged to keep making check-off deductions indefinitely. Check-off is a voluntary arrangement, and you have no statutory duty either to operate it at all or to continue to do so having started.
However, if you have entered into a contractual agreement with workers to operate check-off, you could be in breach of contract if you stopped the arrangement.
Worker's withdrawal of consent to the check-off
If a worker wants to withdraw their consent to the check-off, they must write to you notifying you that they no longer wish to have check-off deductions made. They must allow you reasonable time to stop the deductions.
The role of the union
The union has no statutory role in administering the check-off.
However, you can involve the union in carrying out your statutory duties with regard to check-off.
You could, for example, ask the union to help you get initial consent from its members. You may also choose to charge the union for the administration involved in providing the service of collecting its members' subscriptions.
However, it remains your responsibility to ensure that you act lawfully when you make check-off deductions.
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Payment into trade union political funds
How you can help your workers make payments to their trade union’s political funds.
Some trade unions have established 'political funds', which they use to finance their political activities. Where individual union members pay subscriptions into a political fund, via the so-called political levy, the employer often collects it at the same time as the member's other union subscriptions.
Northern Ireland trade union members are legally exempt from contributing to a trade union's political fund. Any member who wishes to pay the political levy must 'contract in' to the political fund. This requirement applies to all Northern Ireland union members, regardless of where their union is headquartered.
A member who does not contract in, or having contracted in subsequently contracts out, is exempt from contributing to the political fund. Any deduction by a trade union of an amount to be paid to a political fund, without a written 'contracting in' notice is unlawful.
A member who initially contracts in and then subsequently decides to contract out must do so in writing.
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Keep shared parental leave and pay records
In this guide:
- Shared parental leave and pay
- The right to shared parental leave and pay
- Eligibility for shared parental leave and pay
- How shared parental leave and pay can be taken
- Employee notification of shared parental leave and pay
- When shared parental leave can begin
- Contact and work during parental leave
- Blocks of shared parental leave
- Keep shared parental leave and pay records
The right to shared parental leave and pay
Employees may be entitled to shared parental leave (SPL) and statutory shared parental pay (ShPP)
Employees can take shared parental leave (SPL) if they are eligible and they or their partner end their maternity or adoption leave or pay early. The remaining leave will be available as SPL. The remaining pay may be available as statutory shared parental pay (ShPP).
Employees entitled to SPL have the statutory right to take SPL in up to three separate blocks (although some employers may permit employees to take leave in more blocks). Employees can also share the leave with their partner if they are also eligible.
It is up to the parents to choose how much of the SPL each of them will take.
For example, a mother could end her maternity leave after 12 weeks, leaving 40 weeks (of the total 52 week entitlement) available for SPL. If both the mother and her partner are eligible, they can share the 40 weeks. They can take the leave at the same time or separately.
SPL and ShPP must be taken between the baby's birth and first birthday (or within one year of adoption).
Download a quick guide to the shared parental leave process (DOC, 16K).
Developing a shared parental leave policy
You may wish to develop a policy that sets out the rules and procedures for applying for and taking shared parental leave. Any policy should be fair and consistent and should meet at least the statutory minimum requirements in the legislation.
It would be good practice when drafting or updating any policy to consult with employees or their recognised trade union representatives over the proposed policy as this will help to ensure it works for both employees and the organisation. Once agreed, the policy should be communicated to all employees and managers provided with training.
The Labour Relations Agency has developed a sample shared parental leave policy which you can adapt to suit your business.
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Eligibility for shared parental leave and pay
Sometimes only one parent in a couple will be eligible for shared parental leave (SPL) and statutory shared parental pay (ShPP)
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:
- £184.03 a week
- 90% 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.
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How shared parental leave and pay can be taken
How an employee can take the shared parental leave and pay
If an employee is eligible and they or their partner end maternity or adoption leave and pay (or maternity allowance) early, then they can:
- take the rest of the 52 weeks of leave (up to a maximum of 50 weeks) as shared parental leave (SPL)
- take the rest of the 39 weeks of pay (up to a maximum of 37 weeks) as statutory shared parental pay (ShPP)
A mother must take a minimum of two weeks' maternity leave following the birth (four if she works in a factory).
Download guidance on how parental leave can be shared (PDF, 385K).
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Employee notification of shared parental leave and pay
The employee must give you written notice of their entitlement to shared parental leave and statutory shared parental pay
The employee must give you written notice of their entitlement to SPL and ShPP, including:
- their partner's name
- maternity or adoption leave start and end dates
- the total amount of SPL and ShPP available and how much they and their partner intend to take
- that they are sharing childcare responsibility with their partner
It must also include a signed declaration from the partner stating:
- their name, address and National Insurance number
- that they satisfy the qualifying requirements for your employee to take SPL and ShPP
- that they agree to your employee taking SPL and ShPP
After receiving this notice, you can ask for:
- a copy of the child's birth certificate
- the name and address of their partner's employer
You have 14 days to ask for this information. Your employee then has a further 14 days to provide it.
If a birth certificate cannot be produced at first instance, the employee must provide the relevant information as soon as is reasonably practicable.
Shared parental leave notice period
An employee must give at least eight weeks' notice of any leave they wish to take.
If the child is born more than eight weeks early, this notice period can be shorter.
Your employee has a statutory right to a maximum of three separate blocks of shared parental leave, although you can allow more if you wish.
Cancelling the decision to end maternity or adoption leave
The mother or adopter may be able to change their decision to end maternity or adoption leave early if both:
- the planned end date hasn't passed
- they haven't already returned to work
One of the following must also apply:
- it is discovered during the eight week notice period that neither partner is eligible for either SPL or ShPP
- the employee's partner has died
- it is less than six weeks after the birth (and the mother gave notice before the birth)
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When shared parental leave can begin
Detailing the steps to allow shared parental leave to begin
For shared parental leave (SPL) to begin, the mother or adopter must do one of the following:
- end their maternity or adoption leave by returning to work
- give you 'binding notice' (a decision that cannot normally be changed) of the date when they will end their maternity or adoption leave
- end maternity pay or maternity allowance (if they are not entitled to maternity leave, eg they are an agency worker or self-employed)
Compulsory maternity leave
A mother cannot return to work before the end of the compulsory two weeks of maternity leave following the birth (four if she works in a factory).
Binding notice
The mother must give you at least eight weeks' notice to end her maternity pay, or the Social Security Agency at least eight weeks' notice, to end her maternity allowance.
Adopters must give you notice to end adoption pay.
SPL can start for the partner while the mother or adopter is still on maternity or adoption leave if she gives binding notice to end her leave (or pay if she's not entitled to leave).
For example, a mother and her partner are both eligible for SPL. The mother goes on maternity leave ten weeks before her baby is born. She decides that she will take 16 weeks of maternity leave and gives you notice.
Since the mother has given binding notice, her partner can start SPL as soon as the baby has been born (as long as the partner has given at least eight weeks' notice).
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Contact and work during parental leave
Your employee can work up to 20 days during SPL without bringing it to an end
Your employee can work up to 20 days during SPL without bringing it to an end. These are called shared parental leave in touch (or SPLiT) days.
These days are in addition to the ten keeping in touch (or KIT) days already available to those on maternity or adoption leave.
SPLiT and KIT days are optional - both you and your employee must agree to them.
See contact and work during maternity leave and contact and work during adoption leave.
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Blocks of shared parental leave
An employee taking shared parental leave (SPL) can split their leave into up to three separate blocks instead of taking it all in one go
An employee taking shared parental leave (SPL) is entitled to split their leave into up to three separate blocks instead of taking it all in one go, even if they aren't sharing the leave with their partner.
If both parents are taking SPL then they can take their leave at the same time as each other or at different times.
The employee must give you at least eight weeks' notice before a block of leave begins.
You cannot turn down a request for a continuous block of leave if the employee is eligible and gives you the right notice.
Splitting blocks of SPL
If you agree, the employee can split a block of leave into shorter periods of at least a week. For example they could work every other week during a 12-week block, using a total of six weeks of their SPL. This is called discontinuous blocks of leave.
However, you do not have to agree to the employee breaking the block of leave into shorter periods.
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Keep shared parental leave and pay records
You must keep shared parental leave and pay records for HM Revenue and Customs (HMRC)
You must keep records for HM Revenue and Customs (HMRC), including:
- the evidence provided by the employee to show that they're eligible for statutory shared parental pay (ShPP)
- the date ShPP began
- your ShPP payments (including dates)
- the ShPP you've reclaimed
- any weeks you did not pay and why
You must keep records for at least three years from the end of the tax year they relate to.
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Blocks of shared parental leave
In this guide:
- Shared parental leave and pay
- The right to shared parental leave and pay
- Eligibility for shared parental leave and pay
- How shared parental leave and pay can be taken
- Employee notification of shared parental leave and pay
- When shared parental leave can begin
- Contact and work during parental leave
- Blocks of shared parental leave
- Keep shared parental leave and pay records
The right to shared parental leave and pay
Employees may be entitled to shared parental leave (SPL) and statutory shared parental pay (ShPP)
Employees can take shared parental leave (SPL) if they are eligible and they or their partner end their maternity or adoption leave or pay early. The remaining leave will be available as SPL. The remaining pay may be available as statutory shared parental pay (ShPP).
Employees entitled to SPL have the statutory right to take SPL in up to three separate blocks (although some employers may permit employees to take leave in more blocks). Employees can also share the leave with their partner if they are also eligible.
It is up to the parents to choose how much of the SPL each of them will take.
For example, a mother could end her maternity leave after 12 weeks, leaving 40 weeks (of the total 52 week entitlement) available for SPL. If both the mother and her partner are eligible, they can share the 40 weeks. They can take the leave at the same time or separately.
SPL and ShPP must be taken between the baby's birth and first birthday (or within one year of adoption).
Download a quick guide to the shared parental leave process (DOC, 16K).
Developing a shared parental leave policy
You may wish to develop a policy that sets out the rules and procedures for applying for and taking shared parental leave. Any policy should be fair and consistent and should meet at least the statutory minimum requirements in the legislation.
It would be good practice when drafting or updating any policy to consult with employees or their recognised trade union representatives over the proposed policy as this will help to ensure it works for both employees and the organisation. Once agreed, the policy should be communicated to all employees and managers provided with training.
The Labour Relations Agency has developed a sample shared parental leave policy which you can adapt to suit your business.
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Eligibility for shared parental leave and pay
Sometimes only one parent in a couple will be eligible for shared parental leave (SPL) and statutory shared parental pay (ShPP)
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:
- £184.03 a week
- 90% 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.
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How shared parental leave and pay can be taken
How an employee can take the shared parental leave and pay
If an employee is eligible and they or their partner end maternity or adoption leave and pay (or maternity allowance) early, then they can:
- take the rest of the 52 weeks of leave (up to a maximum of 50 weeks) as shared parental leave (SPL)
- take the rest of the 39 weeks of pay (up to a maximum of 37 weeks) as statutory shared parental pay (ShPP)
A mother must take a minimum of two weeks' maternity leave following the birth (four if she works in a factory).
Download guidance on how parental leave can be shared (PDF, 385K).
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Employee notification of shared parental leave and pay
The employee must give you written notice of their entitlement to shared parental leave and statutory shared parental pay
The employee must give you written notice of their entitlement to SPL and ShPP, including:
- their partner's name
- maternity or adoption leave start and end dates
- the total amount of SPL and ShPP available and how much they and their partner intend to take
- that they are sharing childcare responsibility with their partner
It must also include a signed declaration from the partner stating:
- their name, address and National Insurance number
- that they satisfy the qualifying requirements for your employee to take SPL and ShPP
- that they agree to your employee taking SPL and ShPP
After receiving this notice, you can ask for:
- a copy of the child's birth certificate
- the name and address of their partner's employer
You have 14 days to ask for this information. Your employee then has a further 14 days to provide it.
If a birth certificate cannot be produced at first instance, the employee must provide the relevant information as soon as is reasonably practicable.
Shared parental leave notice period
An employee must give at least eight weeks' notice of any leave they wish to take.
If the child is born more than eight weeks early, this notice period can be shorter.
Your employee has a statutory right to a maximum of three separate blocks of shared parental leave, although you can allow more if you wish.
Cancelling the decision to end maternity or adoption leave
The mother or adopter may be able to change their decision to end maternity or adoption leave early if both:
- the planned end date hasn't passed
- they haven't already returned to work
One of the following must also apply:
- it is discovered during the eight week notice period that neither partner is eligible for either SPL or ShPP
- the employee's partner has died
- it is less than six weeks after the birth (and the mother gave notice before the birth)
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When shared parental leave can begin
Detailing the steps to allow shared parental leave to begin
For shared parental leave (SPL) to begin, the mother or adopter must do one of the following:
- end their maternity or adoption leave by returning to work
- give you 'binding notice' (a decision that cannot normally be changed) of the date when they will end their maternity or adoption leave
- end maternity pay or maternity allowance (if they are not entitled to maternity leave, eg they are an agency worker or self-employed)
Compulsory maternity leave
A mother cannot return to work before the end of the compulsory two weeks of maternity leave following the birth (four if she works in a factory).
Binding notice
The mother must give you at least eight weeks' notice to end her maternity pay, or the Social Security Agency at least eight weeks' notice, to end her maternity allowance.
Adopters must give you notice to end adoption pay.
SPL can start for the partner while the mother or adopter is still on maternity or adoption leave if she gives binding notice to end her leave (or pay if she's not entitled to leave).
For example, a mother and her partner are both eligible for SPL. The mother goes on maternity leave ten weeks before her baby is born. She decides that she will take 16 weeks of maternity leave and gives you notice.
Since the mother has given binding notice, her partner can start SPL as soon as the baby has been born (as long as the partner has given at least eight weeks' notice).
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Contact and work during parental leave
Your employee can work up to 20 days during SPL without bringing it to an end
Your employee can work up to 20 days during SPL without bringing it to an end. These are called shared parental leave in touch (or SPLiT) days.
These days are in addition to the ten keeping in touch (or KIT) days already available to those on maternity or adoption leave.
SPLiT and KIT days are optional - both you and your employee must agree to them.
See contact and work during maternity leave and contact and work during adoption leave.
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Blocks of shared parental leave
An employee taking shared parental leave (SPL) can split their leave into up to three separate blocks instead of taking it all in one go
An employee taking shared parental leave (SPL) is entitled to split their leave into up to three separate blocks instead of taking it all in one go, even if they aren't sharing the leave with their partner.
If both parents are taking SPL then they can take their leave at the same time as each other or at different times.
The employee must give you at least eight weeks' notice before a block of leave begins.
You cannot turn down a request for a continuous block of leave if the employee is eligible and gives you the right notice.
Splitting blocks of SPL
If you agree, the employee can split a block of leave into shorter periods of at least a week. For example they could work every other week during a 12-week block, using a total of six weeks of their SPL. This is called discontinuous blocks of leave.
However, you do not have to agree to the employee breaking the block of leave into shorter periods.
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Keep shared parental leave and pay records
You must keep shared parental leave and pay records for HM Revenue and Customs (HMRC)
You must keep records for HM Revenue and Customs (HMRC), including:
- the evidence provided by the employee to show that they're eligible for statutory shared parental pay (ShPP)
- the date ShPP began
- your ShPP payments (including dates)
- the ShPP you've reclaimed
- any weeks you did not pay and why
You must keep records for at least three years from the end of the tax year they relate to.
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Contact and work during parental leave
In this guide:
- Shared parental leave and pay
- The right to shared parental leave and pay
- Eligibility for shared parental leave and pay
- How shared parental leave and pay can be taken
- Employee notification of shared parental leave and pay
- When shared parental leave can begin
- Contact and work during parental leave
- Blocks of shared parental leave
- Keep shared parental leave and pay records
The right to shared parental leave and pay
Employees may be entitled to shared parental leave (SPL) and statutory shared parental pay (ShPP)
Employees can take shared parental leave (SPL) if they are eligible and they or their partner end their maternity or adoption leave or pay early. The remaining leave will be available as SPL. The remaining pay may be available as statutory shared parental pay (ShPP).
Employees entitled to SPL have the statutory right to take SPL in up to three separate blocks (although some employers may permit employees to take leave in more blocks). Employees can also share the leave with their partner if they are also eligible.
It is up to the parents to choose how much of the SPL each of them will take.
For example, a mother could end her maternity leave after 12 weeks, leaving 40 weeks (of the total 52 week entitlement) available for SPL. If both the mother and her partner are eligible, they can share the 40 weeks. They can take the leave at the same time or separately.
SPL and ShPP must be taken between the baby's birth and first birthday (or within one year of adoption).
Download a quick guide to the shared parental leave process (DOC, 16K).
Developing a shared parental leave policy
You may wish to develop a policy that sets out the rules and procedures for applying for and taking shared parental leave. Any policy should be fair and consistent and should meet at least the statutory minimum requirements in the legislation.
It would be good practice when drafting or updating any policy to consult with employees or their recognised trade union representatives over the proposed policy as this will help to ensure it works for both employees and the organisation. Once agreed, the policy should be communicated to all employees and managers provided with training.
The Labour Relations Agency has developed a sample shared parental leave policy which you can adapt to suit your business.
Developed withActionsAlso on this siteContent category
Source URL
/content/right-shared-parental-leave-and-pay
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Eligibility for shared parental leave and pay
Sometimes only one parent in a couple will be eligible for shared parental leave (SPL) and statutory shared parental pay (ShPP)
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:
- £184.03 a week
- 90% 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.
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Source URL
/content/eligibility-shared-parental-leave-and-pay
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How shared parental leave and pay can be taken
How an employee can take the shared parental leave and pay
If an employee is eligible and they or their partner end maternity or adoption leave and pay (or maternity allowance) early, then they can:
- take the rest of the 52 weeks of leave (up to a maximum of 50 weeks) as shared parental leave (SPL)
- take the rest of the 39 weeks of pay (up to a maximum of 37 weeks) as statutory shared parental pay (ShPP)
A mother must take a minimum of two weeks' maternity leave following the birth (four if she works in a factory).
Download guidance on how parental leave can be shared (PDF, 385K).
Developed withActionsAlso on this siteContent category
Source URL
/content/how-shared-parental-leave-and-pay-can-be-taken
Links
Employee notification of shared parental leave and pay
The employee must give you written notice of their entitlement to shared parental leave and statutory shared parental pay
The employee must give you written notice of their entitlement to SPL and ShPP, including:
- their partner's name
- maternity or adoption leave start and end dates
- the total amount of SPL and ShPP available and how much they and their partner intend to take
- that they are sharing childcare responsibility with their partner
It must also include a signed declaration from the partner stating:
- their name, address and National Insurance number
- that they satisfy the qualifying requirements for your employee to take SPL and ShPP
- that they agree to your employee taking SPL and ShPP
After receiving this notice, you can ask for:
- a copy of the child's birth certificate
- the name and address of their partner's employer
You have 14 days to ask for this information. Your employee then has a further 14 days to provide it.
If a birth certificate cannot be produced at first instance, the employee must provide the relevant information as soon as is reasonably practicable.
Shared parental leave notice period
An employee must give at least eight weeks' notice of any leave they wish to take.
If the child is born more than eight weeks early, this notice period can be shorter.
Your employee has a statutory right to a maximum of three separate blocks of shared parental leave, although you can allow more if you wish.
Cancelling the decision to end maternity or adoption leave
The mother or adopter may be able to change their decision to end maternity or adoption leave early if both:
- the planned end date hasn't passed
- they haven't already returned to work
One of the following must also apply:
- it is discovered during the eight week notice period that neither partner is eligible for either SPL or ShPP
- the employee's partner has died
- it is less than six weeks after the birth (and the mother gave notice before the birth)
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Source URL
/content/employee-notification-shared-parental-leave-and-pay
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When shared parental leave can begin
Detailing the steps to allow shared parental leave to begin
For shared parental leave (SPL) to begin, the mother or adopter must do one of the following:
- end their maternity or adoption leave by returning to work
- give you 'binding notice' (a decision that cannot normally be changed) of the date when they will end their maternity or adoption leave
- end maternity pay or maternity allowance (if they are not entitled to maternity leave, eg they are an agency worker or self-employed)
Compulsory maternity leave
A mother cannot return to work before the end of the compulsory two weeks of maternity leave following the birth (four if she works in a factory).
Binding notice
The mother must give you at least eight weeks' notice to end her maternity pay, or the Social Security Agency at least eight weeks' notice, to end her maternity allowance.
Adopters must give you notice to end adoption pay.
SPL can start for the partner while the mother or adopter is still on maternity or adoption leave if she gives binding notice to end her leave (or pay if she's not entitled to leave).
For example, a mother and her partner are both eligible for SPL. The mother goes on maternity leave ten weeks before her baby is born. She decides that she will take 16 weeks of maternity leave and gives you notice.
Since the mother has given binding notice, her partner can start SPL as soon as the baby has been born (as long as the partner has given at least eight weeks' notice).
Developed withActionsAlso on this siteContent category
Source URL
/content/when-shared-parental-leave-can-begin
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Contact and work during parental leave
Your employee can work up to 20 days during SPL without bringing it to an end
Your employee can work up to 20 days during SPL without bringing it to an end. These are called shared parental leave in touch (or SPLiT) days.
These days are in addition to the ten keeping in touch (or KIT) days already available to those on maternity or adoption leave.
SPLiT and KIT days are optional - both you and your employee must agree to them.
See contact and work during maternity leave and contact and work during adoption leave.
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Source URL
/content/contact-and-work-during-parental-leave
Links
Blocks of shared parental leave
An employee taking shared parental leave (SPL) can split their leave into up to three separate blocks instead of taking it all in one go
An employee taking shared parental leave (SPL) is entitled to split their leave into up to three separate blocks instead of taking it all in one go, even if they aren't sharing the leave with their partner.
If both parents are taking SPL then they can take their leave at the same time as each other or at different times.
The employee must give you at least eight weeks' notice before a block of leave begins.
You cannot turn down a request for a continuous block of leave if the employee is eligible and gives you the right notice.
Splitting blocks of SPL
If you agree, the employee can split a block of leave into shorter periods of at least a week. For example they could work every other week during a 12-week block, using a total of six weeks of their SPL. This is called discontinuous blocks of leave.
However, you do not have to agree to the employee breaking the block of leave into shorter periods.
Developed withActionsAlso on this siteContent category
Source URL
/content/blocks-shared-parental-leave
Links
Keep shared parental leave and pay records
You must keep shared parental leave and pay records for HM Revenue and Customs (HMRC)
You must keep records for HM Revenue and Customs (HMRC), including:
- the evidence provided by the employee to show that they're eligible for statutory shared parental pay (ShPP)
- the date ShPP began
- your ShPP payments (including dates)
- the ShPP you've reclaimed
- any weeks you did not pay and why
You must keep records for at least three years from the end of the tax year they relate to.
Developed withActionsAlso on this siteContent category
Source URL
/content/keep-shared-parental-leave-and-pay-records
Links
When shared parental leave can begin
In this guide:
- Shared parental leave and pay
- The right to shared parental leave and pay
- Eligibility for shared parental leave and pay
- How shared parental leave and pay can be taken
- Employee notification of shared parental leave and pay
- When shared parental leave can begin
- Contact and work during parental leave
- Blocks of shared parental leave
- Keep shared parental leave and pay records
The right to shared parental leave and pay
Employees may be entitled to shared parental leave (SPL) and statutory shared parental pay (ShPP)
Employees can take shared parental leave (SPL) if they are eligible and they or their partner end their maternity or adoption leave or pay early. The remaining leave will be available as SPL. The remaining pay may be available as statutory shared parental pay (ShPP).
Employees entitled to SPL have the statutory right to take SPL in up to three separate blocks (although some employers may permit employees to take leave in more blocks). Employees can also share the leave with their partner if they are also eligible.
It is up to the parents to choose how much of the SPL each of them will take.
For example, a mother could end her maternity leave after 12 weeks, leaving 40 weeks (of the total 52 week entitlement) available for SPL. If both the mother and her partner are eligible, they can share the 40 weeks. They can take the leave at the same time or separately.
SPL and ShPP must be taken between the baby's birth and first birthday (or within one year of adoption).
Download a quick guide to the shared parental leave process (DOC, 16K).
Developing a shared parental leave policy
You may wish to develop a policy that sets out the rules and procedures for applying for and taking shared parental leave. Any policy should be fair and consistent and should meet at least the statutory minimum requirements in the legislation.
It would be good practice when drafting or updating any policy to consult with employees or their recognised trade union representatives over the proposed policy as this will help to ensure it works for both employees and the organisation. Once agreed, the policy should be communicated to all employees and managers provided with training.
The Labour Relations Agency has developed a sample shared parental leave policy which you can adapt to suit your business.
Developed withActionsAlso on this siteContent category
Source URL
/content/right-shared-parental-leave-and-pay
Links
Eligibility for shared parental leave and pay
Sometimes only one parent in a couple will be eligible for shared parental leave (SPL) and statutory shared parental pay (ShPP)
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:
- £184.03 a week
- 90% 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.
Developed withActionsAlso on this siteContent category
Source URL
/content/eligibility-shared-parental-leave-and-pay
Links
How shared parental leave and pay can be taken
How an employee can take the shared parental leave and pay
If an employee is eligible and they or their partner end maternity or adoption leave and pay (or maternity allowance) early, then they can:
- take the rest of the 52 weeks of leave (up to a maximum of 50 weeks) as shared parental leave (SPL)
- take the rest of the 39 weeks of pay (up to a maximum of 37 weeks) as statutory shared parental pay (ShPP)
A mother must take a minimum of two weeks' maternity leave following the birth (four if she works in a factory).
Download guidance on how parental leave can be shared (PDF, 385K).
Developed withActionsAlso on this siteContent category
Source URL
/content/how-shared-parental-leave-and-pay-can-be-taken
Links
Employee notification of shared parental leave and pay
The employee must give you written notice of their entitlement to shared parental leave and statutory shared parental pay
The employee must give you written notice of their entitlement to SPL and ShPP, including:
- their partner's name
- maternity or adoption leave start and end dates
- the total amount of SPL and ShPP available and how much they and their partner intend to take
- that they are sharing childcare responsibility with their partner
It must also include a signed declaration from the partner stating:
- their name, address and National Insurance number
- that they satisfy the qualifying requirements for your employee to take SPL and ShPP
- that they agree to your employee taking SPL and ShPP
After receiving this notice, you can ask for:
- a copy of the child's birth certificate
- the name and address of their partner's employer
You have 14 days to ask for this information. Your employee then has a further 14 days to provide it.
If a birth certificate cannot be produced at first instance, the employee must provide the relevant information as soon as is reasonably practicable.
Shared parental leave notice period
An employee must give at least eight weeks' notice of any leave they wish to take.
If the child is born more than eight weeks early, this notice period can be shorter.
Your employee has a statutory right to a maximum of three separate blocks of shared parental leave, although you can allow more if you wish.
Cancelling the decision to end maternity or adoption leave
The mother or adopter may be able to change their decision to end maternity or adoption leave early if both:
- the planned end date hasn't passed
- they haven't already returned to work
One of the following must also apply:
- it is discovered during the eight week notice period that neither partner is eligible for either SPL or ShPP
- the employee's partner has died
- it is less than six weeks after the birth (and the mother gave notice before the birth)
Developed withActionsAlso on this siteContent category
Source URL
/content/employee-notification-shared-parental-leave-and-pay
Links
When shared parental leave can begin
Detailing the steps to allow shared parental leave to begin
For shared parental leave (SPL) to begin, the mother or adopter must do one of the following:
- end their maternity or adoption leave by returning to work
- give you 'binding notice' (a decision that cannot normally be changed) of the date when they will end their maternity or adoption leave
- end maternity pay or maternity allowance (if they are not entitled to maternity leave, eg they are an agency worker or self-employed)
Compulsory maternity leave
A mother cannot return to work before the end of the compulsory two weeks of maternity leave following the birth (four if she works in a factory).
Binding notice
The mother must give you at least eight weeks' notice to end her maternity pay, or the Social Security Agency at least eight weeks' notice, to end her maternity allowance.
Adopters must give you notice to end adoption pay.
SPL can start for the partner while the mother or adopter is still on maternity or adoption leave if she gives binding notice to end her leave (or pay if she's not entitled to leave).
For example, a mother and her partner are both eligible for SPL. The mother goes on maternity leave ten weeks before her baby is born. She decides that she will take 16 weeks of maternity leave and gives you notice.
Since the mother has given binding notice, her partner can start SPL as soon as the baby has been born (as long as the partner has given at least eight weeks' notice).
Developed withActionsAlso on this siteContent category
Source URL
/content/when-shared-parental-leave-can-begin
Links
Contact and work during parental leave
Your employee can work up to 20 days during SPL without bringing it to an end
Your employee can work up to 20 days during SPL without bringing it to an end. These are called shared parental leave in touch (or SPLiT) days.
These days are in addition to the ten keeping in touch (or KIT) days already available to those on maternity or adoption leave.
SPLiT and KIT days are optional - both you and your employee must agree to them.
See contact and work during maternity leave and contact and work during adoption leave.
Developed withActionsAlso on this siteContent category
Source URL
/content/contact-and-work-during-parental-leave
Links
Blocks of shared parental leave
An employee taking shared parental leave (SPL) can split their leave into up to three separate blocks instead of taking it all in one go
An employee taking shared parental leave (SPL) is entitled to split their leave into up to three separate blocks instead of taking it all in one go, even if they aren't sharing the leave with their partner.
If both parents are taking SPL then they can take their leave at the same time as each other or at different times.
The employee must give you at least eight weeks' notice before a block of leave begins.
You cannot turn down a request for a continuous block of leave if the employee is eligible and gives you the right notice.
Splitting blocks of SPL
If you agree, the employee can split a block of leave into shorter periods of at least a week. For example they could work every other week during a 12-week block, using a total of six weeks of their SPL. This is called discontinuous blocks of leave.
However, you do not have to agree to the employee breaking the block of leave into shorter periods.
Developed withActionsAlso on this siteContent category
Source URL
/content/blocks-shared-parental-leave
Links
Keep shared parental leave and pay records
You must keep shared parental leave and pay records for HM Revenue and Customs (HMRC)
You must keep records for HM Revenue and Customs (HMRC), including:
- the evidence provided by the employee to show that they're eligible for statutory shared parental pay (ShPP)
- the date ShPP began
- your ShPP payments (including dates)
- the ShPP you've reclaimed
- any weeks you did not pay and why
You must keep records for at least three years from the end of the tax year they relate to.
Developed withActionsAlso on this siteContent category
Source URL
/content/keep-shared-parental-leave-and-pay-records
Links
Employee notification of shared parental leave and pay
In this guide:
- Shared parental leave and pay
- The right to shared parental leave and pay
- Eligibility for shared parental leave and pay
- How shared parental leave and pay can be taken
- Employee notification of shared parental leave and pay
- When shared parental leave can begin
- Contact and work during parental leave
- Blocks of shared parental leave
- Keep shared parental leave and pay records
The right to shared parental leave and pay
Employees may be entitled to shared parental leave (SPL) and statutory shared parental pay (ShPP)
Employees can take shared parental leave (SPL) if they are eligible and they or their partner end their maternity or adoption leave or pay early. The remaining leave will be available as SPL. The remaining pay may be available as statutory shared parental pay (ShPP).
Employees entitled to SPL have the statutory right to take SPL in up to three separate blocks (although some employers may permit employees to take leave in more blocks). Employees can also share the leave with their partner if they are also eligible.
It is up to the parents to choose how much of the SPL each of them will take.
For example, a mother could end her maternity leave after 12 weeks, leaving 40 weeks (of the total 52 week entitlement) available for SPL. If both the mother and her partner are eligible, they can share the 40 weeks. They can take the leave at the same time or separately.
SPL and ShPP must be taken between the baby's birth and first birthday (or within one year of adoption).
Download a quick guide to the shared parental leave process (DOC, 16K).
Developing a shared parental leave policy
You may wish to develop a policy that sets out the rules and procedures for applying for and taking shared parental leave. Any policy should be fair and consistent and should meet at least the statutory minimum requirements in the legislation.
It would be good practice when drafting or updating any policy to consult with employees or their recognised trade union representatives over the proposed policy as this will help to ensure it works for both employees and the organisation. Once agreed, the policy should be communicated to all employees and managers provided with training.
The Labour Relations Agency has developed a sample shared parental leave policy which you can adapt to suit your business.
Developed withActionsAlso on this siteContent category
Source URL
/content/right-shared-parental-leave-and-pay
Links
Eligibility for shared parental leave and pay
Sometimes only one parent in a couple will be eligible for shared parental leave (SPL) and statutory shared parental pay (ShPP)
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:
- £184.03 a week
- 90% 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.
Developed withActionsAlso on this siteContent category
Source URL
/content/eligibility-shared-parental-leave-and-pay
Links
How shared parental leave and pay can be taken
How an employee can take the shared parental leave and pay
If an employee is eligible and they or their partner end maternity or adoption leave and pay (or maternity allowance) early, then they can:
- take the rest of the 52 weeks of leave (up to a maximum of 50 weeks) as shared parental leave (SPL)
- take the rest of the 39 weeks of pay (up to a maximum of 37 weeks) as statutory shared parental pay (ShPP)
A mother must take a minimum of two weeks' maternity leave following the birth (four if she works in a factory).
Download guidance on how parental leave can be shared (PDF, 385K).
Developed withActionsAlso on this siteContent category
Source URL
/content/how-shared-parental-leave-and-pay-can-be-taken
Links
Employee notification of shared parental leave and pay
The employee must give you written notice of their entitlement to shared parental leave and statutory shared parental pay
The employee must give you written notice of their entitlement to SPL and ShPP, including:
- their partner's name
- maternity or adoption leave start and end dates
- the total amount of SPL and ShPP available and how much they and their partner intend to take
- that they are sharing childcare responsibility with their partner
It must also include a signed declaration from the partner stating:
- their name, address and National Insurance number
- that they satisfy the qualifying requirements for your employee to take SPL and ShPP
- that they agree to your employee taking SPL and ShPP
After receiving this notice, you can ask for:
- a copy of the child's birth certificate
- the name and address of their partner's employer
You have 14 days to ask for this information. Your employee then has a further 14 days to provide it.
If a birth certificate cannot be produced at first instance, the employee must provide the relevant information as soon as is reasonably practicable.
Shared parental leave notice period
An employee must give at least eight weeks' notice of any leave they wish to take.
If the child is born more than eight weeks early, this notice period can be shorter.
Your employee has a statutory right to a maximum of three separate blocks of shared parental leave, although you can allow more if you wish.
Cancelling the decision to end maternity or adoption leave
The mother or adopter may be able to change their decision to end maternity or adoption leave early if both:
- the planned end date hasn't passed
- they haven't already returned to work
One of the following must also apply:
- it is discovered during the eight week notice period that neither partner is eligible for either SPL or ShPP
- the employee's partner has died
- it is less than six weeks after the birth (and the mother gave notice before the birth)
Developed withActionsAlso on this siteContent category
Source URL
/content/employee-notification-shared-parental-leave-and-pay
Links
When shared parental leave can begin
Detailing the steps to allow shared parental leave to begin
For shared parental leave (SPL) to begin, the mother or adopter must do one of the following:
- end their maternity or adoption leave by returning to work
- give you 'binding notice' (a decision that cannot normally be changed) of the date when they will end their maternity or adoption leave
- end maternity pay or maternity allowance (if they are not entitled to maternity leave, eg they are an agency worker or self-employed)
Compulsory maternity leave
A mother cannot return to work before the end of the compulsory two weeks of maternity leave following the birth (four if she works in a factory).
Binding notice
The mother must give you at least eight weeks' notice to end her maternity pay, or the Social Security Agency at least eight weeks' notice, to end her maternity allowance.
Adopters must give you notice to end adoption pay.
SPL can start for the partner while the mother or adopter is still on maternity or adoption leave if she gives binding notice to end her leave (or pay if she's not entitled to leave).
For example, a mother and her partner are both eligible for SPL. The mother goes on maternity leave ten weeks before her baby is born. She decides that she will take 16 weeks of maternity leave and gives you notice.
Since the mother has given binding notice, her partner can start SPL as soon as the baby has been born (as long as the partner has given at least eight weeks' notice).
Developed withActionsAlso on this siteContent category
Source URL
/content/when-shared-parental-leave-can-begin
Links
Contact and work during parental leave
Your employee can work up to 20 days during SPL without bringing it to an end
Your employee can work up to 20 days during SPL without bringing it to an end. These are called shared parental leave in touch (or SPLiT) days.
These days are in addition to the ten keeping in touch (or KIT) days already available to those on maternity or adoption leave.
SPLiT and KIT days are optional - both you and your employee must agree to them.
See contact and work during maternity leave and contact and work during adoption leave.
Developed withActionsAlso on this siteContent category
Source URL
/content/contact-and-work-during-parental-leave
Links
Blocks of shared parental leave
An employee taking shared parental leave (SPL) can split their leave into up to three separate blocks instead of taking it all in one go
An employee taking shared parental leave (SPL) is entitled to split their leave into up to three separate blocks instead of taking it all in one go, even if they aren't sharing the leave with their partner.
If both parents are taking SPL then they can take their leave at the same time as each other or at different times.
The employee must give you at least eight weeks' notice before a block of leave begins.
You cannot turn down a request for a continuous block of leave if the employee is eligible and gives you the right notice.
Splitting blocks of SPL
If you agree, the employee can split a block of leave into shorter periods of at least a week. For example they could work every other week during a 12-week block, using a total of six weeks of their SPL. This is called discontinuous blocks of leave.
However, you do not have to agree to the employee breaking the block of leave into shorter periods.
Developed withActionsAlso on this siteContent category
Source URL
/content/blocks-shared-parental-leave
Links
Keep shared parental leave and pay records
You must keep shared parental leave and pay records for HM Revenue and Customs (HMRC)
You must keep records for HM Revenue and Customs (HMRC), including:
- the evidence provided by the employee to show that they're eligible for statutory shared parental pay (ShPP)
- the date ShPP began
- your ShPP payments (including dates)
- the ShPP you've reclaimed
- any weeks you did not pay and why
You must keep records for at least three years from the end of the tax year they relate to.
Developed withActionsAlso on this siteContent category
Source URL
/content/keep-shared-parental-leave-and-pay-records
Links
How shared parental leave and pay can be taken
In this guide:
- Shared parental leave and pay
- The right to shared parental leave and pay
- Eligibility for shared parental leave and pay
- How shared parental leave and pay can be taken
- Employee notification of shared parental leave and pay
- When shared parental leave can begin
- Contact and work during parental leave
- Blocks of shared parental leave
- Keep shared parental leave and pay records
The right to shared parental leave and pay
Employees may be entitled to shared parental leave (SPL) and statutory shared parental pay (ShPP)
Employees can take shared parental leave (SPL) if they are eligible and they or their partner end their maternity or adoption leave or pay early. The remaining leave will be available as SPL. The remaining pay may be available as statutory shared parental pay (ShPP).
Employees entitled to SPL have the statutory right to take SPL in up to three separate blocks (although some employers may permit employees to take leave in more blocks). Employees can also share the leave with their partner if they are also eligible.
It is up to the parents to choose how much of the SPL each of them will take.
For example, a mother could end her maternity leave after 12 weeks, leaving 40 weeks (of the total 52 week entitlement) available for SPL. If both the mother and her partner are eligible, they can share the 40 weeks. They can take the leave at the same time or separately.
SPL and ShPP must be taken between the baby's birth and first birthday (or within one year of adoption).
Download a quick guide to the shared parental leave process (DOC, 16K).
Developing a shared parental leave policy
You may wish to develop a policy that sets out the rules and procedures for applying for and taking shared parental leave. Any policy should be fair and consistent and should meet at least the statutory minimum requirements in the legislation.
It would be good practice when drafting or updating any policy to consult with employees or their recognised trade union representatives over the proposed policy as this will help to ensure it works for both employees and the organisation. Once agreed, the policy should be communicated to all employees and managers provided with training.
The Labour Relations Agency has developed a sample shared parental leave policy which you can adapt to suit your business.
Developed withActionsAlso on this siteContent category
Source URL
/content/right-shared-parental-leave-and-pay
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Eligibility for shared parental leave and pay
Sometimes only one parent in a couple will be eligible for shared parental leave (SPL) and statutory shared parental pay (ShPP)
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:
- £184.03 a week
- 90% 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.
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Source URL
/content/eligibility-shared-parental-leave-and-pay
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How shared parental leave and pay can be taken
How an employee can take the shared parental leave and pay
If an employee is eligible and they or their partner end maternity or adoption leave and pay (or maternity allowance) early, then they can:
- take the rest of the 52 weeks of leave (up to a maximum of 50 weeks) as shared parental leave (SPL)
- take the rest of the 39 weeks of pay (up to a maximum of 37 weeks) as statutory shared parental pay (ShPP)
A mother must take a minimum of two weeks' maternity leave following the birth (four if she works in a factory).
Download guidance on how parental leave can be shared (PDF, 385K).
Developed withActionsAlso on this siteContent category
Source URL
/content/how-shared-parental-leave-and-pay-can-be-taken
Links
Employee notification of shared parental leave and pay
The employee must give you written notice of their entitlement to shared parental leave and statutory shared parental pay
The employee must give you written notice of their entitlement to SPL and ShPP, including:
- their partner's name
- maternity or adoption leave start and end dates
- the total amount of SPL and ShPP available and how much they and their partner intend to take
- that they are sharing childcare responsibility with their partner
It must also include a signed declaration from the partner stating:
- their name, address and National Insurance number
- that they satisfy the qualifying requirements for your employee to take SPL and ShPP
- that they agree to your employee taking SPL and ShPP
After receiving this notice, you can ask for:
- a copy of the child's birth certificate
- the name and address of their partner's employer
You have 14 days to ask for this information. Your employee then has a further 14 days to provide it.
If a birth certificate cannot be produced at first instance, the employee must provide the relevant information as soon as is reasonably practicable.
Shared parental leave notice period
An employee must give at least eight weeks' notice of any leave they wish to take.
If the child is born more than eight weeks early, this notice period can be shorter.
Your employee has a statutory right to a maximum of three separate blocks of shared parental leave, although you can allow more if you wish.
Cancelling the decision to end maternity or adoption leave
The mother or adopter may be able to change their decision to end maternity or adoption leave early if both:
- the planned end date hasn't passed
- they haven't already returned to work
One of the following must also apply:
- it is discovered during the eight week notice period that neither partner is eligible for either SPL or ShPP
- the employee's partner has died
- it is less than six weeks after the birth (and the mother gave notice before the birth)
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Source URL
/content/employee-notification-shared-parental-leave-and-pay
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When shared parental leave can begin
Detailing the steps to allow shared parental leave to begin
For shared parental leave (SPL) to begin, the mother or adopter must do one of the following:
- end their maternity or adoption leave by returning to work
- give you 'binding notice' (a decision that cannot normally be changed) of the date when they will end their maternity or adoption leave
- end maternity pay or maternity allowance (if they are not entitled to maternity leave, eg they are an agency worker or self-employed)
Compulsory maternity leave
A mother cannot return to work before the end of the compulsory two weeks of maternity leave following the birth (four if she works in a factory).
Binding notice
The mother must give you at least eight weeks' notice to end her maternity pay, or the Social Security Agency at least eight weeks' notice, to end her maternity allowance.
Adopters must give you notice to end adoption pay.
SPL can start for the partner while the mother or adopter is still on maternity or adoption leave if she gives binding notice to end her leave (or pay if she's not entitled to leave).
For example, a mother and her partner are both eligible for SPL. The mother goes on maternity leave ten weeks before her baby is born. She decides that she will take 16 weeks of maternity leave and gives you notice.
Since the mother has given binding notice, her partner can start SPL as soon as the baby has been born (as long as the partner has given at least eight weeks' notice).
Developed withActionsAlso on this siteContent category
Source URL
/content/when-shared-parental-leave-can-begin
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Contact and work during parental leave
Your employee can work up to 20 days during SPL without bringing it to an end
Your employee can work up to 20 days during SPL without bringing it to an end. These are called shared parental leave in touch (or SPLiT) days.
These days are in addition to the ten keeping in touch (or KIT) days already available to those on maternity or adoption leave.
SPLiT and KIT days are optional - both you and your employee must agree to them.
See contact and work during maternity leave and contact and work during adoption leave.
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Source URL
/content/contact-and-work-during-parental-leave
Links
Blocks of shared parental leave
An employee taking shared parental leave (SPL) can split their leave into up to three separate blocks instead of taking it all in one go
An employee taking shared parental leave (SPL) is entitled to split their leave into up to three separate blocks instead of taking it all in one go, even if they aren't sharing the leave with their partner.
If both parents are taking SPL then they can take their leave at the same time as each other or at different times.
The employee must give you at least eight weeks' notice before a block of leave begins.
You cannot turn down a request for a continuous block of leave if the employee is eligible and gives you the right notice.
Splitting blocks of SPL
If you agree, the employee can split a block of leave into shorter periods of at least a week. For example they could work every other week during a 12-week block, using a total of six weeks of their SPL. This is called discontinuous blocks of leave.
However, you do not have to agree to the employee breaking the block of leave into shorter periods.
Developed withActionsAlso on this siteContent category
Source URL
/content/blocks-shared-parental-leave
Links
Keep shared parental leave and pay records
You must keep shared parental leave and pay records for HM Revenue and Customs (HMRC)
You must keep records for HM Revenue and Customs (HMRC), including:
- the evidence provided by the employee to show that they're eligible for statutory shared parental pay (ShPP)
- the date ShPP began
- your ShPP payments (including dates)
- the ShPP you've reclaimed
- any weeks you did not pay and why
You must keep records for at least three years from the end of the tax year they relate to.
Developed withActionsAlso on this siteContent category
Source URL
/content/keep-shared-parental-leave-and-pay-records
Links
Eligibility for shared parental leave and pay
In this guide:
- Shared parental leave and pay
- The right to shared parental leave and pay
- Eligibility for shared parental leave and pay
- How shared parental leave and pay can be taken
- Employee notification of shared parental leave and pay
- When shared parental leave can begin
- Contact and work during parental leave
- Blocks of shared parental leave
- Keep shared parental leave and pay records
The right to shared parental leave and pay
Employees may be entitled to shared parental leave (SPL) and statutory shared parental pay (ShPP)
Employees can take shared parental leave (SPL) if they are eligible and they or their partner end their maternity or adoption leave or pay early. The remaining leave will be available as SPL. The remaining pay may be available as statutory shared parental pay (ShPP).
Employees entitled to SPL have the statutory right to take SPL in up to three separate blocks (although some employers may permit employees to take leave in more blocks). Employees can also share the leave with their partner if they are also eligible.
It is up to the parents to choose how much of the SPL each of them will take.
For example, a mother could end her maternity leave after 12 weeks, leaving 40 weeks (of the total 52 week entitlement) available for SPL. If both the mother and her partner are eligible, they can share the 40 weeks. They can take the leave at the same time or separately.
SPL and ShPP must be taken between the baby's birth and first birthday (or within one year of adoption).
Download a quick guide to the shared parental leave process (DOC, 16K).
Developing a shared parental leave policy
You may wish to develop a policy that sets out the rules and procedures for applying for and taking shared parental leave. Any policy should be fair and consistent and should meet at least the statutory minimum requirements in the legislation.
It would be good practice when drafting or updating any policy to consult with employees or their recognised trade union representatives over the proposed policy as this will help to ensure it works for both employees and the organisation. Once agreed, the policy should be communicated to all employees and managers provided with training.
The Labour Relations Agency has developed a sample shared parental leave policy which you can adapt to suit your business.
Developed withActionsAlso on this siteContent category
Source URL
/content/right-shared-parental-leave-and-pay
Links
Eligibility for shared parental leave and pay
Sometimes only one parent in a couple will be eligible for shared parental leave (SPL) and statutory shared parental pay (ShPP)
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:
- £184.03 a week
- 90% 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.
Developed withActionsAlso on this siteContent category
Source URL
/content/eligibility-shared-parental-leave-and-pay
Links
How shared parental leave and pay can be taken
How an employee can take the shared parental leave and pay
If an employee is eligible and they or their partner end maternity or adoption leave and pay (or maternity allowance) early, then they can:
- take the rest of the 52 weeks of leave (up to a maximum of 50 weeks) as shared parental leave (SPL)
- take the rest of the 39 weeks of pay (up to a maximum of 37 weeks) as statutory shared parental pay (ShPP)
A mother must take a minimum of two weeks' maternity leave following the birth (four if she works in a factory).
Download guidance on how parental leave can be shared (PDF, 385K).
Developed withActionsAlso on this siteContent category
Source URL
/content/how-shared-parental-leave-and-pay-can-be-taken
Links
Employee notification of shared parental leave and pay
The employee must give you written notice of their entitlement to shared parental leave and statutory shared parental pay
The employee must give you written notice of their entitlement to SPL and ShPP, including:
- their partner's name
- maternity or adoption leave start and end dates
- the total amount of SPL and ShPP available and how much they and their partner intend to take
- that they are sharing childcare responsibility with their partner
It must also include a signed declaration from the partner stating:
- their name, address and National Insurance number
- that they satisfy the qualifying requirements for your employee to take SPL and ShPP
- that they agree to your employee taking SPL and ShPP
After receiving this notice, you can ask for:
- a copy of the child's birth certificate
- the name and address of their partner's employer
You have 14 days to ask for this information. Your employee then has a further 14 days to provide it.
If a birth certificate cannot be produced at first instance, the employee must provide the relevant information as soon as is reasonably practicable.
Shared parental leave notice period
An employee must give at least eight weeks' notice of any leave they wish to take.
If the child is born more than eight weeks early, this notice period can be shorter.
Your employee has a statutory right to a maximum of three separate blocks of shared parental leave, although you can allow more if you wish.
Cancelling the decision to end maternity or adoption leave
The mother or adopter may be able to change their decision to end maternity or adoption leave early if both:
- the planned end date hasn't passed
- they haven't already returned to work
One of the following must also apply:
- it is discovered during the eight week notice period that neither partner is eligible for either SPL or ShPP
- the employee's partner has died
- it is less than six weeks after the birth (and the mother gave notice before the birth)
Developed withActionsAlso on this siteContent category
Source URL
/content/employee-notification-shared-parental-leave-and-pay
Links
When shared parental leave can begin
Detailing the steps to allow shared parental leave to begin
For shared parental leave (SPL) to begin, the mother or adopter must do one of the following:
- end their maternity or adoption leave by returning to work
- give you 'binding notice' (a decision that cannot normally be changed) of the date when they will end their maternity or adoption leave
- end maternity pay or maternity allowance (if they are not entitled to maternity leave, eg they are an agency worker or self-employed)
Compulsory maternity leave
A mother cannot return to work before the end of the compulsory two weeks of maternity leave following the birth (four if she works in a factory).
Binding notice
The mother must give you at least eight weeks' notice to end her maternity pay, or the Social Security Agency at least eight weeks' notice, to end her maternity allowance.
Adopters must give you notice to end adoption pay.
SPL can start for the partner while the mother or adopter is still on maternity or adoption leave if she gives binding notice to end her leave (or pay if she's not entitled to leave).
For example, a mother and her partner are both eligible for SPL. The mother goes on maternity leave ten weeks before her baby is born. She decides that she will take 16 weeks of maternity leave and gives you notice.
Since the mother has given binding notice, her partner can start SPL as soon as the baby has been born (as long as the partner has given at least eight weeks' notice).
Developed withActionsAlso on this siteContent category
Source URL
/content/when-shared-parental-leave-can-begin
Links
Contact and work during parental leave
Your employee can work up to 20 days during SPL without bringing it to an end
Your employee can work up to 20 days during SPL without bringing it to an end. These are called shared parental leave in touch (or SPLiT) days.
These days are in addition to the ten keeping in touch (or KIT) days already available to those on maternity or adoption leave.
SPLiT and KIT days are optional - both you and your employee must agree to them.
See contact and work during maternity leave and contact and work during adoption leave.
Developed withActionsAlso on this siteContent category
Source URL
/content/contact-and-work-during-parental-leave
Links
Blocks of shared parental leave
An employee taking shared parental leave (SPL) can split their leave into up to three separate blocks instead of taking it all in one go
An employee taking shared parental leave (SPL) is entitled to split their leave into up to three separate blocks instead of taking it all in one go, even if they aren't sharing the leave with their partner.
If both parents are taking SPL then they can take their leave at the same time as each other or at different times.
The employee must give you at least eight weeks' notice before a block of leave begins.
You cannot turn down a request for a continuous block of leave if the employee is eligible and gives you the right notice.
Splitting blocks of SPL
If you agree, the employee can split a block of leave into shorter periods of at least a week. For example they could work every other week during a 12-week block, using a total of six weeks of their SPL. This is called discontinuous blocks of leave.
However, you do not have to agree to the employee breaking the block of leave into shorter periods.
Developed withActionsAlso on this siteContent category
Source URL
/content/blocks-shared-parental-leave
Links
Keep shared parental leave and pay records
You must keep shared parental leave and pay records for HM Revenue and Customs (HMRC)
You must keep records for HM Revenue and Customs (HMRC), including:
- the evidence provided by the employee to show that they're eligible for statutory shared parental pay (ShPP)
- the date ShPP began
- your ShPP payments (including dates)
- the ShPP you've reclaimed
- any weeks you did not pay and why
You must keep records for at least three years from the end of the tax year they relate to.
Developed withActionsAlso on this siteContent category
Source URL
/content/keep-shared-parental-leave-and-pay-records
Links
The right to shared parental leave and pay
In this guide:
- Shared parental leave and pay
- The right to shared parental leave and pay
- Eligibility for shared parental leave and pay
- How shared parental leave and pay can be taken
- Employee notification of shared parental leave and pay
- When shared parental leave can begin
- Contact and work during parental leave
- Blocks of shared parental leave
- Keep shared parental leave and pay records
The right to shared parental leave and pay
Employees may be entitled to shared parental leave (SPL) and statutory shared parental pay (ShPP)
Employees can take shared parental leave (SPL) if they are eligible and they or their partner end their maternity or adoption leave or pay early. The remaining leave will be available as SPL. The remaining pay may be available as statutory shared parental pay (ShPP).
Employees entitled to SPL have the statutory right to take SPL in up to three separate blocks (although some employers may permit employees to take leave in more blocks). Employees can also share the leave with their partner if they are also eligible.
It is up to the parents to choose how much of the SPL each of them will take.
For example, a mother could end her maternity leave after 12 weeks, leaving 40 weeks (of the total 52 week entitlement) available for SPL. If both the mother and her partner are eligible, they can share the 40 weeks. They can take the leave at the same time or separately.
SPL and ShPP must be taken between the baby's birth and first birthday (or within one year of adoption).
Download a quick guide to the shared parental leave process (DOC, 16K).
Developing a shared parental leave policy
You may wish to develop a policy that sets out the rules and procedures for applying for and taking shared parental leave. Any policy should be fair and consistent and should meet at least the statutory minimum requirements in the legislation.
It would be good practice when drafting or updating any policy to consult with employees or their recognised trade union representatives over the proposed policy as this will help to ensure it works for both employees and the organisation. Once agreed, the policy should be communicated to all employees and managers provided with training.
The Labour Relations Agency has developed a sample shared parental leave policy which you can adapt to suit your business.
Developed withActionsAlso on this siteContent category
Source URL
/content/right-shared-parental-leave-and-pay
Links
Eligibility for shared parental leave and pay
Sometimes only one parent in a couple will be eligible for shared parental leave (SPL) and statutory shared parental pay (ShPP)
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:
- £184.03 a week
- 90% 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.
Developed withActionsAlso on this siteContent category
Source URL
/content/eligibility-shared-parental-leave-and-pay
Links
How shared parental leave and pay can be taken
How an employee can take the shared parental leave and pay
If an employee is eligible and they or their partner end maternity or adoption leave and pay (or maternity allowance) early, then they can:
- take the rest of the 52 weeks of leave (up to a maximum of 50 weeks) as shared parental leave (SPL)
- take the rest of the 39 weeks of pay (up to a maximum of 37 weeks) as statutory shared parental pay (ShPP)
A mother must take a minimum of two weeks' maternity leave following the birth (four if she works in a factory).
Download guidance on how parental leave can be shared (PDF, 385K).
Developed withActionsAlso on this siteContent category
Source URL
/content/how-shared-parental-leave-and-pay-can-be-taken
Links
Employee notification of shared parental leave and pay
The employee must give you written notice of their entitlement to shared parental leave and statutory shared parental pay
The employee must give you written notice of their entitlement to SPL and ShPP, including:
- their partner's name
- maternity or adoption leave start and end dates
- the total amount of SPL and ShPP available and how much they and their partner intend to take
- that they are sharing childcare responsibility with their partner
It must also include a signed declaration from the partner stating:
- their name, address and National Insurance number
- that they satisfy the qualifying requirements for your employee to take SPL and ShPP
- that they agree to your employee taking SPL and ShPP
After receiving this notice, you can ask for:
- a copy of the child's birth certificate
- the name and address of their partner's employer
You have 14 days to ask for this information. Your employee then has a further 14 days to provide it.
If a birth certificate cannot be produced at first instance, the employee must provide the relevant information as soon as is reasonably practicable.
Shared parental leave notice period
An employee must give at least eight weeks' notice of any leave they wish to take.
If the child is born more than eight weeks early, this notice period can be shorter.
Your employee has a statutory right to a maximum of three separate blocks of shared parental leave, although you can allow more if you wish.
Cancelling the decision to end maternity or adoption leave
The mother or adopter may be able to change their decision to end maternity or adoption leave early if both:
- the planned end date hasn't passed
- they haven't already returned to work
One of the following must also apply:
- it is discovered during the eight week notice period that neither partner is eligible for either SPL or ShPP
- the employee's partner has died
- it is less than six weeks after the birth (and the mother gave notice before the birth)
Developed withActionsAlso on this siteContent category
Source URL
/content/employee-notification-shared-parental-leave-and-pay
Links
When shared parental leave can begin
Detailing the steps to allow shared parental leave to begin
For shared parental leave (SPL) to begin, the mother or adopter must do one of the following:
- end their maternity or adoption leave by returning to work
- give you 'binding notice' (a decision that cannot normally be changed) of the date when they will end their maternity or adoption leave
- end maternity pay or maternity allowance (if they are not entitled to maternity leave, eg they are an agency worker or self-employed)
Compulsory maternity leave
A mother cannot return to work before the end of the compulsory two weeks of maternity leave following the birth (four if she works in a factory).
Binding notice
The mother must give you at least eight weeks' notice to end her maternity pay, or the Social Security Agency at least eight weeks' notice, to end her maternity allowance.
Adopters must give you notice to end adoption pay.
SPL can start for the partner while the mother or adopter is still on maternity or adoption leave if she gives binding notice to end her leave (or pay if she's not entitled to leave).
For example, a mother and her partner are both eligible for SPL. The mother goes on maternity leave ten weeks before her baby is born. She decides that she will take 16 weeks of maternity leave and gives you notice.
Since the mother has given binding notice, her partner can start SPL as soon as the baby has been born (as long as the partner has given at least eight weeks' notice).
Developed withActionsAlso on this siteContent category
Source URL
/content/when-shared-parental-leave-can-begin
Links
Contact and work during parental leave
Your employee can work up to 20 days during SPL without bringing it to an end
Your employee can work up to 20 days during SPL without bringing it to an end. These are called shared parental leave in touch (or SPLiT) days.
These days are in addition to the ten keeping in touch (or KIT) days already available to those on maternity or adoption leave.
SPLiT and KIT days are optional - both you and your employee must agree to them.
See contact and work during maternity leave and contact and work during adoption leave.
Developed withActionsAlso on this siteContent category
Source URL
/content/contact-and-work-during-parental-leave
Links
Blocks of shared parental leave
An employee taking shared parental leave (SPL) can split their leave into up to three separate blocks instead of taking it all in one go
An employee taking shared parental leave (SPL) is entitled to split their leave into up to three separate blocks instead of taking it all in one go, even if they aren't sharing the leave with their partner.
If both parents are taking SPL then they can take their leave at the same time as each other or at different times.
The employee must give you at least eight weeks' notice before a block of leave begins.
You cannot turn down a request for a continuous block of leave if the employee is eligible and gives you the right notice.
Splitting blocks of SPL
If you agree, the employee can split a block of leave into shorter periods of at least a week. For example they could work every other week during a 12-week block, using a total of six weeks of their SPL. This is called discontinuous blocks of leave.
However, you do not have to agree to the employee breaking the block of leave into shorter periods.
Developed withActionsAlso on this siteContent category
Source URL
/content/blocks-shared-parental-leave
Links
Keep shared parental leave and pay records
You must keep shared parental leave and pay records for HM Revenue and Customs (HMRC)
You must keep records for HM Revenue and Customs (HMRC), including:
- the evidence provided by the employee to show that they're eligible for statutory shared parental pay (ShPP)
- the date ShPP began
- your ShPP payments (including dates)
- the ShPP you've reclaimed
- any weeks you did not pay and why
You must keep records for at least three years from the end of the tax year they relate to.
Developed withActionsAlso on this siteContent category
Source URL
/content/keep-shared-parental-leave-and-pay-records
Links