Looking in turn at shared parental leave and shared parental pay: Shared parental leave It is not necessary for the mother to return to work (or intend to return to work) in order for the father or partner to be entitled to shared parental leave. This is because of the way the eligibility criteria for shared parental leave work, as set out below. The right to shared parental leave is potentially available to two persons: • the mother (or expectant mother) of the child in relation to whom the entitlement to shared parental leave arises, and • a second person, who may be: ◦ the father of the child, or ◦ a person who, at the date of the child's birth, was: ‣ married to the mother, or ‣ the mother's civil partner, or ‣ the mother's 'partner'. 'Partner' in this context means a person