Shared parental leave (birth)
Shared parental leave (birth)

The following Employment practice note provides comprehensive and up to date legal information covering:

  • Shared parental leave (birth)
  • Guidance and other materials
  • Acas guidance
  • BEIS guidance
  • Online calculator tools
  • Other materials
  • Who is eligible—general
  • Eligibility conditions for the mother
  • (1) Mother's eligibility to take leave: conditions relating to her
  • (2) Mother's eligibility to take leave: conditions relating to father or partner
  • More...

In essence, the right to shared parental leave allows, after birth, the mother of the child and a second person (who must be the father of child, or married to, or the civil partner of, or the partner of, that mother) to share (if they wish) up to 50 of the 52 weeks of leave to which the mother would otherwise be entitled as maternity leave. It therefore does not increase the overall amount of leave that may be taken; rather, it allows that entitlement to be shared between those two people.

The legislation underpinning shared parental leave (the Shared Parental Leave Regulations 2014, SI 2014/3050 (SPL Regs 2014)) came into effect on 1 December 2014, and the rights relating to taking shared parental leave apply in relation to children whose expected week of birth began on or after 5 April 2015.

By contrast, protection against being subjected to a detriment, or being dismissed, for reasons that relate to shared parental leave (see Practice Note: Detriment or dismissal because of shared parental leave) applied from 1 December 2014 onwards. Hence any detriment or dismissal done in the period 1 December 2014 to 4 April 2015 was subject to these protections even though the child in question had not yet been born. This no doubt reflected the need of those wishing to exercise the right to plan

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