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CPAG – Guidance on Shared Parental Leave


Shared parental leave and statutory shared parental pay is being introduced for couples expecting a baby or adopting a child on or after 5 April 2015. This replaces additional paternity leave and pay, and offers more flexibility to couples to share the responsibility for the child and protect their income in the first year.

Shared parental leave is available to parents who share the care of a child with husband, wife, civil partner or joint adopter the child’s other parent a partner (living together) –  includes same sex couples.

The mother must first meet the qualifying conditions for maternity leave, statutory maternity pay or maternity allowance, and then decide to give it up in favour of shared parental leave and pay. The other parent/partner must also meet conditions about employment and earnings. Opting for shared parental leave allows leave and pay to be split between each person and into up to three separate blocks of leave in the first year. It can also be taken at the same time, allowing a couple more time together with the baby.

Alternatively, statutory maternity leave and statutory maternity pay can still be claimed as before by women who choose to do so, or are lone parents, or whose partner is not in work. Similarly, statutory adoption leave and pay can still be claimed instead of shared parental leave. ‘Ordinary’ paternity leave and pay (1 or 2 weeks in the first 8 weeks after the birth) is not affected by the change, other than now simply being known as ‘paternity leave’ and statutory paternity pay.  

Tax credit rules are also amended so that someone receiving shared parental pay, or on shared parental leave for up to 39 weeks, can still be treated as in work, if working immediately before.

More information on shared parental leave is available at www.gov.uk/shared-parental-leave-and-pay

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C4 Dispatches July 2019

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