Shared parental pay (birth)

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

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

Shared parental pay (birth)

This Practice Note explains the statutory shared parental pay (ShPP) regime that applies in relation to the birth of a child. It also considers legal and practical issues in relation to contractual (occupational) shared parental pay (see: Contractual shared parental pay) in particular, potential detriment and discrimination issues.

The legislation underpinning ShPP (the Statutory Shared Parental Pay (General) Regulations 2014) took effect on 1 December 2014.

Guidance and other materials

Various guidance and materials are available.

Acas guidance

Guidance documentation, as well as certain template materials, have been produced by Acas. See Acas materials on shared parental leave and pay.

BEIS guidance

BIS (now BEIS) produced a detailed 66-page guidance document, aimed at employers. See:

As well as giving guidance on the shared parental leave and pay system generally, this BIS (now BEIS) guide contains useful material on how to handle more unusual situations, and also provides certain examples and discursive passages, such as:

  1. information regarding employees who have more than one job

  2. what to do in the case of maternal, paternal or infant death

  3. worked examples of calculating how much ShPP a mother and a father or partner are entitled to

  4. information on a wide variety of other more specific issues, set out in question and answer format

The majority of the examples and question and answers set out in the BIS (now BEIS) guide refer to birth parents,

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