How does Shared Parental Leave work?

Converting the balance of maternity or adoption leave into leave both parents can share. The eligibility test on both sides, the three notices, and the trade-offs people discover too late.

Difficulty: advanced
Time: 18 min
Read: 5 min
Safety: caution

Short answer

The mother or primary adopter ends their maternity or adoption leave early by serving a binding curtailment notice, and the untaken balance — up to 50 weeks of leave and 37 weeks of pay — becomes available for either parent to take, together or separately, in up to three blocks each, at any point before the child's first birthday. Both parents have to pass an eligibility test, and the notice requirements are strict.

Shared Parental Leave is genuinely flexible and genuinely complicated, and the take-up is low mainly because of the notice machinery rather than the concept. Two things do most of the damage. The curtailment notice that starts the whole thing is normally irrevocable once maternity leave has ended. And the shape of maternity pay — six weeks at a percentage of actual earnings, then a flat rate — means the first six weeks are worth more than the same weeks would be under shared parental pay for anyone earning above the flat rate.

Safety

Ending maternity leave to create Shared Parental Leave is done by a binding curtailment notice that generally cannot be revoked once the leave has started. The first six weeks of Statutory Maternity Pay are paid at a percentage of earnings with no cap, and shared parental pay is not — so switching early can cost money. Work out both figures and take advice from Acas before serving the notice.

Step by step

Check the taker's eligibility.To take the leave you must be an employee with 26 weeks' continuous service by the end of the qualifying week, and still employed the week before the leave starts. Workers can qualify for the pay but not the leave.
Check the partner's eligibility.The other parent must have worked, employed or self-employed, for at least 26 of the 66 weeks before the due date and earned a minimum amount in at least 13 of those weeks. This is the same shape of test as Maternity Allowance and is much easier to meet than a service test.
Work out the balance available.Fifty-two weeks of maternity leave less the two compulsory weeks after the birth gives a maximum of 50 weeks to share; 39 weeks of pay less two gives 37 weeks of shared parental pay. Every week of maternity leave actually taken reduces both figures.
Serve the curtailment notice, understanding it is binding.The mother either returns to work, or gives written notice ending maternity leave on a future date, with at least eight weeks' notice. Once the leave has ended the notice generally cannot be withdrawn. The narrow exceptions include the partner's death and discovering that nobody was eligible after all.
Serve the notice of entitlement and intention.At least eight weeks before the first period of shared parental leave, each parent gives their employer written notice setting out the entitlement, how much leave each intends to take, and an indication of the pattern, signed by both parents. It is a declaration, not a binding booking.
Then serve period-of-leave notices.Each actual block needs its own notice at least eight weeks in advance. You get three notices each; a notice withdrawn within 15 days does not count against the total. That three-notice limit is the practical constraint on how many separate blocks you can take.
Know which requests can be refused.A request for one continuous block cannot be refused. A request for discontinuous blocks can be. If discontinuous leave is refused there is a two-week discussion window, after which you can withdraw the request or take the whole amount as a single continuous block.
Use SPLIT days as well as KIT days.Shared parental leave in touch days are 20 per parent, in addition to the ten keeping-in-touch days available during maternity leave. They are voluntary on both sides and do not end the leave.
Compare the money before you commit.Work out what the mother would receive over the same weeks under Statutory Maternity Pay against what the household would receive under shared parental pay, including any employer enhancement. Many employers enhance maternity pay and not shared parental pay, which changes the answer completely.
Finish before the first birthday.All shared parental leave must be taken between the birth and the child's first birthday, or within a year of adoption placement. Untaken leave is lost.

Tips

Ask both employers for their shared parental leave policies before anything is served. Whether either enhances the pay usually decides the whole question.
Draft the whole pattern on paper first, then count how many period-of-leave notices it needs. Three per parent is tighter than it sounds.
Acas's guidance on the notice mechanics is the clearest free source there is, and it is worth reading in full before writing anything.

Common mistakes

Serving the curtailment notice before doing the arithmetic — It is binding, and the first six weeks of maternity pay at a percentage of actual earnings are often worth substantially more than the flat rate that replaces them.
Treating the notice of entitlement as booking the leave — It is an indication only. Each actual block needs its own eight-week period-of-leave notice, and there are only three of those per parent.

If it doesn't work

Your discontinuous leave request was refused

Cause: Only a single continuous block cannot be refused — Fix: Use the two-week discussion period to propose an alternative pattern. If no agreement is reached you can withdraw the request without it counting, or take the total as one continuous block.

You have run out of period-of-leave notices

Cause: Three notices each, and each block needs one — Fix: Plan the pattern before serving the first one. A notice withdrawn within 15 days does not count, which is the only way back.

Payroll has stopped maternity pay but shared parental pay has not started

Cause: The curtailment notice took effect before the leave notices were processed — Fix: Send payroll the notice of entitlement and the period-of-leave notice with dates, and ask for the position in writing. Contact Acas if there is a gap in payment.

Questions people ask

Can we both be off at the same time?

Yes. The leave can be taken together, in alternating blocks, or in any combination, provided the total does not exceed the balance available and each block is properly notified.

Can the mother change her mind after curtailing maternity leave?

Usually not once the maternity leave has actually ended. There are narrow exceptions, and there is more flexibility if the notice was given within the first six weeks after the birth. This is the single most important thing to get right, so take advice before serving it.

Can I take paternity leave and shared parental leave?

Yes, and since April 2026 in Great Britain they can be taken in either order — the old rule barring paternity leave after shared parental leave was removed.

What if my employer enhances maternity pay but not shared parental pay?

That is common and it is the main reason families decide against it. It is also an area where employers have faced legal challenge. Compare the actual household figures, and speak to Acas if you think a policy is discriminatory.

Does it apply in Northern Ireland?

Yes, under separate Northern Ireland regulations that mirror the Great Britain scheme. The notice mechanics are the same.