An employer's guide to shared parental leave

Managing shared parental leave (SPL) can sometimes feel overwhelming, but it's essential for building a positive and supportive workplace. SPL allows parents to share the responsibility of childcare during the early months of a child's life, fostering family bonding and enabling a better work-life balance.

As an employer, understanding SPL helps with legal compliance and promotes a culture that values work-life balance and supports families.

In this guide, we'll break down everything you need to know about SPL—covering key aspects, regulations, and best practices for effectively implementing and managing shared parental leave in your business.

What is shared parental leave (SPL)?

Shared parental leave (SPL) is a flexible leave policy in the UK designed to give parents more choice in how they share the care of their child during the first year after birth, adoption, or obtaining a parental order through surrogacy. SPL allows both parents to be involved in their child's early life by sharing the leave.

To qualify for SPL, parents must meet specific criteria: 

• Both parents must share responsibility for the child at birth, adoption, or surrogacy

• Both parents must be employed and meet the employment and earnings tests

• The birth parent or primary adopter must have curtailed their maternity or adoption leave

The legal framework for shared parental leave in the UK includes several acts to protect parents' rights and ensure employer compliance:

• The Children and Families Act 2014 introduced SPL and statutory Shared Parental Pay (ShPP), offering flexible leave options for working parents

• The Employment Rights Act 1996 protects parents from unfair treatment while taking SPL

Eligible parents can share up to 50 weeks of leave and 37 weeks of pay, depending on the maternity or adoption leave already taken by the birth parent or primary adopter. The birth parent or adopter is entitled to 52 weeks of leave, and after taking a minimum of 2 weeks, they can share the remaining leave. For instance, if the birth parent takes 30 weeks of maternity leave, 22 weeks can be shared.

However, if your business is in a factory or a workshop, the birth parent or adopter has to take 4 weeks of compulsory maternity leave (rather than 2 weeks). In this situation, for SPL, it's 48 weeks that can be shared.

This leave applies equally for twins or multiple adoptions, providing significant flexibility and promoting a balanced work-life dynamic, allowing both parents to engage in their child's early development.

Employee SPL rights and entitlements employers must know

Employees eligible for Shared parental leave (SPL) have specific rights and entitlements that you need to be aware of to ensure compliance and support your employees effectively. These rights and entitlements include:

Right to take leave

Eligible employees have the right to take up to 50 weeks of SPL in the first year after the birth, adoption, or surrogacy. Or 48 weeks if they work in a factory or workshop.

This leave can be taken in continuous blocks or in up to three separate blocks—as long as each period is at least 1 week—allowing parents to alternate care responsibilities. You may also choose to allow your eligible employees to take more than three separate blocks. Just remember to state this in a shared parental leave policy and be fair and consistent to all employees. 

Right to statutory shared parental pay (ShPP)

Eligible employees can receive up to 37 weeks of ShPP. The rate of ShPP is the same as that of statutory maternity pay (SMP) and is subject to the same eligibility criteria and earnings threshold.

Right to return to work

Employees have the right to return to the same job if they take SPL for 26 weeks or less. If they take more than 26 weeks, they have the right to return to the same job or a suitable alternative if it is not reasonably practicable to return to the same job.

Protection from detriment and dismissal

Employees are protected from unfair treatment, detriment, or dismissal due to taking or requesting SPL. You must make sure that employees taking SPL are not disadvantaged in any way.

Notice requirements

Employees must provide you with at least 8 weeks' notice before they can take SPL. This includes a notice of entitlement and intention to take SPL, a period of leave notice, and a notice to vary the leave if required. If they want to make any changes to their agreed leave, they have to give at least 28 days’ notice.

How SPL interacts with maternity and paternity leave

Understanding how SPL interacts with maternity and paternity leave is crucial for both you and your employees. SPL provides a flexible option that can complement traditional maternity and paternity leave, ensuring parents can share childcare responsibilities more evenly. Here's how they interact:

Curtailing maternity or adoption leave

To enable SPL, the birth parent or primary adopter must curtail their maternity or adoption leave. They must take at least 2 weeks' leave after the birth or adoption, or 4 weeks if they work in a factory or a workshop and can then choose to end their leave early, making the remaining weeks available for SPL.

Overlap with paternity leave

Paternity leave is separate from SPL. An eligible employee cannot take paternity leave after having already taken a period of shared parental leave. Paternity leave lasts for a maximum of two weeks and can be taken separately within the first year.

However, if the employee takes one week of paternity leave and then takes a period of shared parental leave, they cannot take the second week of paternity leave.

Concurrent leave

Parents can take SPL concurrently, meaning both parents can be on leave at the same time. This flexibility allows parents to share childcare responsibilities more evenly during the first year.

Transition from maternity or adoption leave to SPL

After the birth parent or primary adopter curtails their maternity or adoption leave, they can take SPL immediately or at a later date, providing the required notice. The remaining leave can then be shared between both parents.

Splitting leave into blocks

Unlike maternity or adoption leave, which is typically taken in one continuous period, SPL can be split into up to three separate blocks or more if you choose to allow this.  Employees can alternate between periods of work and leave, giving them greater flexibility in balancing work and childcare.

You must be aware of these interactions and support your employees in understanding and exercising their rights and entitlements under SPL. Providing clear information, handling notices appropriately, and ensuring a supportive work environment are essential for effective implementation of SPL.

Is shared parental leave paid or unpaid?

Shared parental leave can be paid or unpaid, depending on eligibility. Statutory Shared Parental Pay (ShPP) is available to parents who meet certain criteria, including a minimum earnings threshold and length of employment.

You should guide employees through the eligibility criteria for ShPP and support them in accessing this benefit. ShPP is paid at the rate of £184.03 per week or 90% of the employee's average weekly earnings, whichever is lower.

In addition to statutory pay, some employers may offer enhanced shared parental pay as part of their benefits package. Enhanced pay can provide financial support above the statutory minimum, making it easier for parents to take SPL without financial strain.

If you choose to offer this you should clearly communicate your shared parental pay policy to employees, ensuring they understand their entitlements.

Employer's obligations and responsibilities for SPL

You have important legal duties regarding shared parental leave to comply with regulations and support your employees effectively. Understanding these responsibilities is vital for creating a supportive workplace.

Firstly, you should understand the laws related to SPL, including eligibility criteria and employee rights outlined in the Children and Families Act 2014 and the Employment Rights Act 1996.

This knowledge helps you provide accurate information and guidance to employees and avoid any legal issues. It’s advisable to reach out to employment law specialists, like at BrightHR where they are available 24/7.

It’s also essential for you to offer straightforward information about SPL and Statutory Shared Parental Pay (ShPP). Employees should clearly understand the process, their rights, and what they are entitled to. By doing this, you empower your workforce and promote transparency.

You must also handle SPL requests promptly and fairly, following required notice periods and maintaining confidentiality—fair processing builds trust.

Finally, you must maintain detailed records of SPL requests, approvals, and related correspondence is crucial. This not only ensures legal compliance but also helps with future planning and consistency within the organisation.

Tips and best practices for managing shared parental leave

You can create a more inclusive workplace, support employees effectively during SPL, and maintain a positive work environment that benefits the entire organisation by implementing these practices: 

• Develop comprehensive policies outlining SPL processes, eligibility, and entitlements. Ensure these policies are easily accessible to all employees.

• Foster a culture of open dialogue where employees feel comfortable discussing their SPL intentions. Encourage managers to approach these conversations positively and supportively.

• Provide resources and support for employees considering SPL, such as access to HR representatives who can assist with questions and concerns.

• Use absence management tools to monitor and plan for employee leave. This helps ensure workloads are balanced and the impact on the team is minimised.

• Encourage employees to submit their SPL requests as early as possible. This enables better planning and continuity within teams.

• Provide managers with training on handling SPL requests sensitively and effectively, ensuring they understand their legal obligations and the importance of supporting their employees.

• Encourage a workplace culture that values work-life balance, reinforcing that taking SPL is a positive step for both employees and their families.

Get help with shared parental leave from BrightHR

Navigating shared parental leave can be challenging, but with the right support from BrightHR, it doesn't have to be. Understanding employees' rights and managing SPL requests is key to building a supportive workplace while staying compliant with the law. 

BrightHR gives you all the tools and resources you need to handle SPL effortlessly. Our platform helps you manage leave requests smoothly while keeping everything above board, creating a positive environment for everyone.

Ready to simplify your SPL management? Book a demo today to see how BrightHR can help you manage shared parental leave effectively.