How to Apply for Shared Parental Leave Entitlement

Shared Parental Leave (SPL) is a statutory employment right in the UK that allows eligible parents to share up to 50 weeks of leave and up to 37 weeks of pay following the birth or adoption of a child. It provides flexibility for parents to decide how to divide childcare responsibilities during the first year.

The scheme is set out under the Children and Families Act 2014 and related statutory regulations. It applies to employees in England and Wales who meet specific eligibility and notice requirements. Employers must comply with statutory procedures when processing SPL requests, and disputes may be brought before employment tribunals.

This article explains how to apply for Shared Parental Leave entitlement, including eligibility rules, notification procedures, legal requirements, and common issues.

What Shared Parental Leave Is

Shared Parental Leave allows eligible working parents to “share” maternity or adoption leave that would otherwise be taken by one parent.

It may be used:

• Continuously or in separate blocks
• By one parent or both parents
• With periods of work in between leave periods (known as “splitting leave”)

It replaces part of traditional maternity or adoption leave where the eligible parent chooses to “curtail” their leave early.

Statutory Shared Parental Pay (ShPP) may also be available for up to 37 weeks, subject to eligibility.

Legal Framework

Shared Parental Leave is governed by:

• Children and Families Act 2014
• Shared Parental Leave Regulations 2014
• Statutory guidance from the UK Government
• Employment Rights Act 1996 (protection from detriment and dismissal)

Employees are protected from unfair treatment or dismissal for taking or attempting to take SPL. Employment tribunals can award compensation where employers breach these rights.

Eligibility for Shared Parental Leave

Eligibility is assessed based on both the employee and their partner.

1. Continuous Employment Requirement

The employee must have at least 26 weeks of continuous employment by the end of the 15th week before the expected week of childbirth (or matching adoption placement week).

2. Employment and Earnings Test

The employee must still be employed in the same job while taking SPL.

3. Partner's Employment Requirement

The other parent must:

• Be employed or self-employed
• Have earned at least the minimum threshold for National Insurance contributions over a set period

4. Curtailment of Maternity or Adoption Leave

The mother or primary adopter must:

• Reduce their maternity or adoption leave entitlement
• Serve a notice to end maternity/adoption leave early

This creates the “remaining leave” that can be shared.

How Much Shared Parental Leave Is Available

Eligible parents can share:

• Up to 50 weeks of leave
• Up to 37 weeks of statutory pay (if eligible for ShPP)

The amount available depends on how much maternity or adoption leave has already been used before curtailment.

Step-by-Step: How to Apply for Shared Parental Leave

1. Confirm Eligibility

Before applying, both parents should confirm:

• Employment status and continuity of service
• Maternity or adoption leave curtailment arrangements
• Eligibility for Shared Parental Pay

Without curtailment, SPL cannot be created.

2. Submit Curtailment Notice (Mother or Primary Adopter)

The first formal step is for the mother or primary adopter to submit a notice ending maternity or adoption leave early.

This notice is legally binding and must specify:

• The date maternity or adoption leave will end
• Confirmation that any remaining leave becomes available for SPL

Once submitted, the decision is generally irreversible except in limited circumstances.

3. Provide Notice of Entitlement and Intention

The employee taking SPL must provide a written notice to their employer confirming:

• Eligibility for SPL
• Partner's employment details
• The total amount of SPL available
• The intended pattern of leave

This is a statutory requirement under SPL regulations.

4. Submit a Booking Notice for Leave Periods

To take specific periods of leave, the employee must submit a “booking notice” setting out:

• Start and end dates of leave
• Whether leave is continuous or discontinuous
• Total number of leave requests (up to a statutory limit of three blocks, unless employer agrees otherwise)

Employers must respond within statutory timeframes.

5. Employer Response and Confirmation

Employers are required to:

• Check eligibility
• Confirm SPL arrangements
• Respond in writing within statutory deadlines

If requests are valid, employers cannot refuse continuous leave requests. However, they may refuse or negotiate discontinuous blocks of leave.

6. Taking Shared Parental Leave

Once approved, SPL can be taken:

• Immediately after maternity or adoption leave
• At the same time or alternating between parents
• In agreed blocks or continuous periods

During SPL, employees retain certain employment rights, including:

• Contractual benefits (except pay, unless ShPP applies)
• Protection from unfair dismissal
• Right to return to work (depending on duration of leave taken)

Shared Parental Pay (ShPP)

Statutory Shared Parental Pay may be available if eligibility conditions are met.

Key features:

• Paid at a statutory rate (or 90% of average weekly earnings, whichever is lower)
• Available for up to 37 weeks
• Shared between eligible parents

Eligibility broadly mirrors statutory maternity pay conditions but applies to SPL arrangements.

Rights and Protections During Shared Parental Leave

Employees on SPL are protected under UK employment law, including:

• Protection from unfair dismissal due to SPL
• Protection from detriment for requesting or taking SPL
• Right to return to the same or equivalent role (depending on length of leave)
• Continuation of employment contract during leave

Tribunals may award compensation if employers breach these rights.

Common Issues and Disputes

1. Employer Refusal of Leave

Employers may only refuse discontinuous leave requests in certain circumstances, but must offer alternatives.

2. Incorrect Eligibility Assessment

Disputes often arise where employers incorrectly assess service length or partner eligibility.

3. Delays in Approval

Failure to respond within statutory deadlines may constitute procedural breach.

4. Misunderstanding Curtailment Rules

Once maternity leave is curtailed, SPL is created and cannot usually be reversed.

Time Limits and Tribunal Claims

Where disputes arise, employees may bring claims such as:

• Unlawful detriment
• Unfair dismissal
• Breach of statutory rights

Time limits are typically:

• 3 months minus 1 day from the act complained of

Claims must be preceded by ACAS Early Conciliation before proceeding to tribunal.

Common Questions from our Readers

Can both parents take Shared Parental Leave at the same time?

Yes. SPL can be taken concurrently or alternately.

Does SPL affect employment rights?

Core employment rights remain protected, although pay is replaced by statutory entitlements where applicable.

Can SPL be changed after submission?

Only limited changes are allowed once leave has been booked, subject to employer agreement and statutory rules.

Is SPL compulsory?

No. It is optional and depends on both parents meeting eligibility requirements.

Key Takeaways

Shared Parental Leave provides a flexible statutory framework allowing parents to share childcare leave during the first year after birth or adoption. The process involves eligibility checks, maternity or adoption leave curtailment, formal notice submission, and employer approval of leave patterns.

Key points:

• SPL is governed by the Children and Families Act 2014
• Eligibility depends on employment continuity and partner status
• Leave must be created through curtailment of maternity or adoption leave
• Employers must follow strict procedural rules
• Legal protections apply throughout the leave period

Proper understanding of the application process ensures compliance and reduces the risk of disputes or tribunal claims.