Shared Parental Leave FAQs

These FAQs should be read in conjunction with the University's full Shared Parental Leave Policy.

How do I know if I am eligible for Shared Parental Leave?

It is important to note that the eligibility requirements are different for Shared Parental Leave and Shared Parental Pay. You may be eligible for one but not the other.

The University’s policy on Shared Parental Leave highlights the eligibility criteria for:

How is a Shared Parental Leave entitlement created?

Providing both parents are eligible, an entitlement to Shared Parental Leave is created when a mother or adopter tells their employer that they wish to end their maternity/adoption leave sooner than the full 52 weeks that they are entitled to. Whatever is leftover then becomes Shared Parental Leave which the two parents can share between them as they wish.

The mother/adopter does not need to return to work immediately in order to create Shared Parental Leave and can give advanced notice that they will be giving up a set amount of their entitlement in order to allow their partner to start using Shared Parental Leave immediately.

Example

Sarah and Stewart had a baby in April. In June, after 10 weeks of Sarah being on maternity leave, they both decided that they wished to use Shared Parental Leave. Sarah gave notice immediately to her employer to tell them that she would be ending her maternity leave in November, by which point she would have used up 30 weeks. This created a Shared Parental Leave entitlement of 22 weeks (i.e. the full 52 week entitlement, less the 30 weeks of maternity leave Sarah would have used by that point). Stewart was then able to take 6 weeks off in June and July whilst Sarah was still on her maternity leave, leaving 16 weeks of Shared Parental Leave still to be taken by either Sarah or Stewart before their baby’s first birthday.

How is a Shared Parental Pay entitlement created?

Similar to the way Shared Parental Leave is created (as above), Statutory Shared Parental Pay (ShPP) is created where a mother/adopter is already entitled to Statutory Maternity/Adoption Pay or Maternity Allowance and tells their employer that they wish to end their entitlement before using the full 39 weeks that they are entitled to. 

The mother/adopter does not need to return to work immediately in order to create Shared Parental Pay and can give advanced notice that they will be giving up a set amount of their entitlement in order to allow their partner to start using it immediately.

Example

Continuing the above example and assuming that Sarah was entitled to maternity pay, she would also be giving notice to her employer that she would not be taking any more maternity pay after week 30. As there are 39 weeks of statutory maternity pay available, this would leave 9 weeks’ pay untaken, which would become Statutory Shared Parental Pay (ShPP) to be shared between Sarah and Stewart as they wish.

How does a mother/adopter end their maternity or adoption entitlement?

A mother or adopter can end their entitlement by providing a formal notice of the date that they intend to return to work. Different employers may have different forms or procedures for this however employees of the University wishing to use Shared Parental Leave can give notice on the Form – Declaration of Entitlement to Shared Parental Leave.

What if a mother changes her mind and wants to stay on maternity leave?

Once a mother has returned to work, she cannot restart her maternity leave.

Other than in very limited circumstances a mother cannot change her decision to end her maternity leave after formal notice has been given to her employer. The limited circumstances where a mother can withdraw her notice to cancel her maternity leave are (one of the following):

  • Where the notice was given before birth (in this case the mother is only entitled to withdraw her cancellation notice in the 6 weeks immediately following birth);
  • Where the other parent dies;
  • Where it subsequently transpires that neither of the parents are entitled to Shared Parental Leave or pay.

How do I declare that I am entitled to take Shared Parental Leave?

Declaring that you are entitled to Shared Parental Leave is the vital first step in the Shared Parental Leave process and should not be confused with actually requesting to book a period of leave. At the very beginning, you must notify your employer that you are eligible for, and intend to take, Shared Parental Leave. Different employers will have different forms/processes but for employees of the University this is done on the Form - Declaration of Entitlement to Shared Parental Leave.

Once an entitlement has been declared, you can proceed to request to book a period of Shared Parental Leave whenever you need to (providing you give at least 8 weeks’ notice). Alternatively, if you know exactly when you wish to take your Shared Parental Leave you may wish to submit your declaration of entitlement along with a request to book leave all at the same time.

How might Shared Parental Leave be taken?

Shared Parental Leave is intended to provide more flexibility for parents in choosing how they wish to care for their child during their first year. As such, it can be used in a variety of different ways to suit the needs of the family. Some may choose to take more time off together in the early months whilst others may choose to spread it out more widely or have the partner take time off whilst the mother or main adopter returns to work.

Example 1

Rory and Rohan are adopting a child and whilst Rory will be the main adopter, Rohan would like to be at home for the first few months. They have agreed that Rory’s adoption leave will finish after 44 weeks, creating a Shared Parental Leave entitlement of 8 weeks which Rohan will take during their first couple of months in order to provide additional support.


Example 2

Siobhan has been on maternity leave since March but knows that September will be a critical month for a project she is involved in. She decides with her partner Marco to use Shared Parental Leave in order to share the care of their child, but also to allow her to return to work during that critical period. Siobhan gives her employer advanced notice that she will end her maternity leave and pay at the start of September (after taking 26 weeks), which creates a Shared Parental Leave entitlement of 26 weeks (52 – 26) and a Shared Parental Pay entitlement of 13 weeks (39 – 26). Marco will then take 5 weeks of Shared Parental Leave to look after their child whilst Siobhan is working during September, leaving 21 weeks of leave still to take. Siobhan will then use up the rest of the leave from October onwards. They both agree that Marco will not claim Statutory Shared Parental Pay (ShPP) for his 5 weeks as Siobhan will be receiving full pay during that time. Siobhan will then claim the ShPP for 13 of the remaining 21 weeks of her leave.

How much Shared Parental Leave am I entitled to?

You may be entitled to receive up to 50 weeks of Shared Parental Leave. The actual amount of leave available depends on when the mother/adopter gives notice to end their maternity/adoption leave. Any leave left over can then be shared between two eligible parents as Shared Parental Leave as per the example below:

Example

Your partner is entitled to a total of 52 weeks of maternity leave, starting in March. She gives notice to her employer in March that she will be ending her maternity leave in September. By that point she will have used up 28 weeks of her maternity leave entitlement, which leaves 24 weeks untaken. These 24 weeks can be converted into Shared Parental Leave for you and your partner to share between you as you wish.

How much Shared Parental Pay (ShPP) am I entitled to?

You may be entitled to receive up to 37 weeks Statutory Shared Parental Pay (ShPP) whilst taking Shared Parental Leave. The number of weeks’ ShPP available to you will depend on how much maternity pay, adoption pay or maternity allowance your partner has already received, as per the example below:

Example

Following on from the example above (and assuming your partner is entitled to 39 weeks Statutory Maternity Pay), your partner would have received 28 weeks Statutory Maternity Pay by the point at which her maternity leave ends (i.e. based on the fact she has said her maternity leave will end in September). The remaining Statutory Maternity Pay of 11 weeks (39 -28 = 11) becomes Shared Parental Pay (ShPP). You and your partner can now decide how to divide the remaining pay.

ShPP is paid at the statutory rate as set by the Government for the relevant tax year.

How soon can I take Shared Parental Leave?

SPL can commence as follows:

  • The mother/adopter can take Shared Parental Leave after they have taken at least 2 weeks of maternity/adoption leave.
  • The father/partner can take Shared Parental Leave immediately following the birth/placement of the child (providing an entitlement to Shared Parental Leave has been created), but must be aware that they cannot take paternity leave or pay once they have taken any Shared Parental Leave or ShPP).

What do I need to do to request Shared Parental Leave?

Before requesting to take Shared Parental Leave you must make sure you have already declared your entitlement to it. If you haven’t, this can be done submitting the Form - Declaration of Entitlement to Shared Parental Leave to your manager. Once you have declared your entitlement to Shared Parental Leave you can then request to book a period (or periods) of leave.

To actually make a request to book a period (or periods) of Shared Parental Leave you must submit the Form - Request to Book (or Vary) Shared Parental Leave to your manager. It is important to be aware that you are required to give 8 weeks’ notice of any Shared Parental Leave you wish to book.

How many times can I request Shared Parental Leave?

You can submit up to a maximum of 3 notifications to book (or vary) Shared Parental Leave. This does not however mean that you can only book three periods of Shared Parental Leave as one notification alone may be for multiple periods of leave.

What is the difference between continuous and discontinuous leave requests?

Shared Parental Leave can be requested in ‘continuous’ or ‘discontinuous’ blocks. Blocks of leave can only be taken in complete weeks but leave can begin on any day of the week. For example, if a week of leave began on a Tuesday it would finish on a Monday. 

A ‘continuous’ leave request is a request for a single period of one or more weeks of leave (e.g. 3 months all at once).

A ‘discontinuous’  leave request is a request for two or more periods of leave where an individual intends to return to work in-between each period of leave (e.g. taking leave for one month then returning to work for two weeks, then taking another month off).

What happens after I have requested Shared Parental Leave?

Informal Meeting

Once you have submitted a request to book Shared Parental Leave, your manager may invite you to an informal meeting to discuss your request depending on the circumstances. The following guidelines are recommended in the policy:

  • Where the notification is for a single period of continuous leave then a meeting will usually not be necessary and it will be approved.
  • Where the request is for discontinuous leave which can, without further discussion, be approved then a meeting will usually not be necessary
  • Where the request is for discontinuous leave and there are concerns over accommodating the request, a meeting will be necessary.

The purpose of any meeting is to discuss in detail the leave you have proposed and what will happen while you are away from work. Where you have requested discontinuous leave the discussion should also focus on how the leave proposal could be agreed, whether a modified arrangement would be agreeable to both you and the University and what the outcome may be if no agreement is reached.

Written Response

Regardless of whether an informal meeting is required or not, your line manager should provide a written response to you no later than 14 days after you submit your request.

What happens if my request for Shared Parental Leave is refused?

A request for Shared Parental Leave can normally only be refused if:

  • it is for ‘discontinuous leave’
  • if approval of your request would mean that you would end up taking more leave than you are entitled to take.
  • If you fail to provide the required 8 weeks’ notice period

If you request discontinuous leave and this is refused, you can either withdraw your request within 15 calendar days of submitting it or you can choose to take the leave in a single continuous block. If you choose to withdraw your request for discontinuous leave, it will not count as having used one of your three notifications to book leave.

If you do not withdraw your request within 15 days after submitting it, you will be deemed to have chosen to take the leave in a single continuous block. Where this occurs you will then have until the 19th calendar day from the submission of your original notification to choose when your continuous leave will begin. It cannot start sooner than eight weeks from the date the original notification was submitted. If you do not choose a start date, your leave will begin on the first leave date you requested in your original notification.

What happens if parents want to take the same time off as each other, but one parent’s employer accepts whilst the other parent’s employer refuses?

It is understood that for some parents, patterns of leave will only work if both parents’ employers agree to the leave.

Firstly it is important to note that any request for a ‘continuous’ period of leave cannot normally be refused, therefore if each parent submits a continuous request then there should be no problem with this. This may suit parents who both want to take Shared Parental Leave at the same time as each other.

Problems may arise however where each parent submits a request for discontinuous periods of leave to their respective employers. This may happen where, for example, parents have agreed to take turns when sharing their leave throughout the year so would therefore be relying on each other being off at certain times in order to care for their child. They may therefore each submit discontinuous requests to their employers to cover all of the different periods of time they wish to take off. In such circumstances each parent can withdraw their request before the 15th calendar day after their original submission without it counting as having used one of their three allowed notifications. This in effect allows a 2 week window for discussions to take place and approval to be gained. It is also a 2 week window in which each parent can withdraw their request if they need to (e.g. if they find out the other parents request has been refused and therefore do not wish to proceed with their request).

Whilst parents have this 15 day window to try and obtain each separate employers approval, they are advised to informally discuss their requests with their employers well in advance. It is expected that in most cases, employees will know whether or not there are likely to be issues with their leave request as they will have already discussed their intentions with their managers.

What happens if my partner and I change our minds about how we want to share our Shared Parental Leave or Pay?

Parents can choose to vary the allocation of Shared Parental Leave between them at any stage. To do so, both parents must notify their respective employers, in writing, of the following:

  • Details of their original division of leave
  • Advising of the fact they are changing it
  • Advising how they now intend to take the available SPL

Both parents must confirm that they are in agreement with the variation.

Different employers will have different forms/processes however employees of the University should use the Form - Notification of Change of Shared Parental Leave (or Pay) Amount.

If leave was already booked that will no longer take place as a result of the change then a notice to vary leave must also be made and this will use up one of your 3 notifications to book/vary leave.

How do I change a period of Shared Parental Leave that I’ve already booked?

You are permitted to vary an arranged period of SPL, providing you advise your line manager in writing at least eight weeks before the date of any variation.

To request to vary a period of arranged Shared Parental Leave you should use the Form - Request to Book (or Vary) Shared Parental Leave. This is the same form that you would have used to initially book your period of leave. You are always encouraged to discuss your leave ideas with your manager in advance wherever possible.

Any variation you make will usually count as having used one of your three opportunities to book/vary leave. However a request for a change as a result of a child being born early or as a result of the University requesting a period of leave be changed (and the employee being agreeable to the change), will not count as a further notification (i.e. it will not use up one of your three opportunities to book/vary leave). Any variation will be confirmed in writing by your line manager.

How do I cancel a period of Shared Parental Leave that I’ve already booked?

You are permitted to cancel an arranged period of SPL, providing you advise your line manager in writing at least eight weeks before the date of any cancellation.

To request to cancel a period of arranged Shared Parental Leave you should use the Form - Request to Book (or Vary) Shared Parental Leave. This is the same form that you would have used to initially book your period of leave. You are always advised to discuss your leave ideas with your manager in advance wherever possible.

Any cancellation you make will usually count as having used one of your three opportunities to book/vary leave. However a request to cancel leave as a result of a child being born early or as a result of the University requesting a period of leave be changed (and you being agreeable to the change), will not count as a further notification (i.e. it will not use up one of your three opportunities to book/vary leave). Any variation will be confirmed in writing by your line manager.

What happens at the end of my Shared Parental Leave (SPL)?

You should have been formally advised in writing by your line manager of the end date of any period of SPL. You are expected to return on the next working day after this date, unless you notify the University otherwise.

What do I do if I want to return from Shared Parental Leave early?

If you wish to return earlier than initially agreed, you may provide 8 weeks written notice to vary the leave. This will count as one of your 3 notifications. If you have already used your three notifications to book/vary leave (or if you fail to provide 8 weeks’ notice) then your line manager does not have to accept the notice to return early but may do so if it is considered to be reasonably practicable.

I’ve separated from my partner. What happens to the Shared Parental Leave and/or pay

Your Shared Parental Leave entitlement is based on the fact that you are the parent of a child (or children) and that you will be using your leave to care for the child (or children). Whether or not you continue to be in a relationship with the other parent does not affect your entitlement to Shared Parental Leave.

What happens if I have two or more jobs?

If you are entitled to Shared Parental Leave, then this applies across all of your employers. You will have a separate leave entitlement with each employer but not a separate pay entitlement (I.e. if you wish to take two weeks of Shared Parental Leave with pay then you should request to book 2 weeks leave from each employer but only claim Shared Parental Pay from one employer. To do otherwise may result in an overpayment (you would be claiming twice for the same weeks) which you will then be required to repay).

Mothers/adopters who have multiple jobs must give each of their employers notice, at the same time, that they will be ending their maternity/adoption leave in order to create a Shared Parental Leave entitlement for themselves and their partners.

How do I calculate the amount of Shared Parental Leave available to us when the mother/adopter has multiple employers?

The number of weeks Shared Parental Leave is calculated by the deducting the maximum number of weeks of maternity/adoption leave that the mother/adopter has taken (i.e. even if it is with different employers).  

For example, a mother is on maternity leave from employment A and employment B. She returns to work in employment A on week 20. She returns to work in employment B in week 25. The maximum amount of Shared Parental Leave in this case will be 27 weeks (i.e. 52 – 25 and not 52-20).

Where can I get additional support?

The University recognises that employees may have questions or concerns relating to their shared parental rights and options, therefore if you are considering the use of Shared Parental Leave please read this guidance note alongside the University’s full Shared Parental Leave Policy.

You are also encouraged to have open discussions with your line manager as early as possible and any policy or procedural questions may be raised with your College/University Services HR team.

You may also find the following resources helpful:

GOV.UK

ACAS

Workingfamilies.org.uk