Family Friendly Rights: Shared Parental Leave

By Katie Harris

Associate

What is it?

Shared Parental Leave gives parents greater choice in how they care for their child in the first year after birth/adoption.

Eligible parents can get up to 50 weeks of Shared Parental Leave between them. The birth parent/primary adopter can take up to 52 weeks of statutory Maternity Leave or Adoption Leave. They must take a minimum of 2 weeks’ leave but after this the birth parent/primary adopter can end their leave and share the remaining 50 weeks with the other parent.

Eligibility?

To be eligible for Shared Parental Leave, there must be 2 parents sharing responsibility for a child. This could be the parent who gives birth/ primary adopter and their partner. The partner must be either the child’s father or the partner of the birth parent/ primary adopter at the time of birth/adoption placement.

The parent who is to take the leave must be an employee and have worked for the same employer for at least 26 weeks by the end of the 15th week before the baby is due/adoption date. They must still be working for the same employer a week before the start of each block of leave.

The other parent can be an employee, worker or self-employed but must have worked at least 26 weeks in the 66 weeks before the expected birth date/adoption date (not necessarily with the same employer). They must have earned an average of at least £30 a week in any 13 weeks of those 66 weeks (£390 in total).

Pay?

Eligible parents can get up to 37 weeks of statutory Shared Parental Pay. The birth parent/ primary adopter can get up to 39 weeks of statutory Maternity Pay or Adoption Pay. They must take a minimum of 2 weeks’ pay but after this they can end their pay and share the remaining 37 weeks’ pay with the other parent.

Shared Parental Pay is currently either £194.32 a week or 90% of the employee’s average weekly earnings (whichever is lowest). Employers may offer enhanced pay.

Eligibility for Pay?

To be eligible for Shared Parental Pay, the parent who is to receive the pay must have worked for the same employer for at least 26 weeks by the end of the 15th week before the baby is due/adoption date. They must earn at least £129 a week for the 8 weeks prior to the 15th week before the due date/adoption date. They must still be working for the same employer a week before they claim pay.