Shared Parental Leave and Pay

A woman is not obliged to take all her Statutory Maternity or Adoption Leave, but when she has given birth, she must take the compulsory maternity leave element (two weeks, or four weeks if she works in a factory). Leave not taken by the mother can be taken by the father or eligible partner subject to certain qualifying rules. The law has recently changed on this.

A new system of shared parental leave (SPL) came into force on 1 December 2014. According to these new rules — which apply to babies due or born or adoptions placed on 5 April 2015 and thereafter — all but the first two weeks following childbirth can be shared by a mother and her partner.

A partner is required to have 26 weeks’ service with the employer, ending the 15th week before the week the baby is due. This service requirement for the husband or eligible partner applied under the previous rules and has been retained under the new shared parental leave rules.

Statutory Shared Parental Pay (SSPP) is paid at £139.58 per week from 6 April 2015, or 90% of average weekly earnings (whichever is lower).