Shared parental leave (SPL)
About SPL
SPL is a relatively new legislation that came into force in 2014. It enables parents to choose how to share the care of their child during the first year of birth or adoption.
The rules and conditions around shared parental leave are detailed, rather complex and multifaceted, as it can be taken with a mixture of paternity and maternity leave.
If you're thinking of SPL, please ensure you read the full SPL scheme document (download below) as the information on this website only gives a very short and limited summary.
SPL eligibility
To take advantage of SPL you must be an employee of the council and either:
- the mother/adopter and the father
- at the time of the birth, married to, or be the civil partner or partner, of the mother
Both of you must share the main responsibility for the care of the child at the time of birth or placement for the adoption.
Please ensure you read the full SPL scheme document (download below).
SPL leave entitlement
If you meet the eligibility criteria, you may take up to 50 weeks SPL during the child’s first year in the family.
This is calculated using the mother’s/adopter’s entitlement to maternity or adoption leave, which allows them to take up to 52 weeks’ leave.
The mother/adopter may reduce their entitlement to maternity/adoption leave by returning to work before the full entitlement of 52 weeks has been taken, or they may give notice to curtail their leave at a specified future date.
If the mother/adopter is not entitled to maternity/adoption leave but is entitled to Statutory Maternity Pay (SMP), Statutory Adoption Pay (SAP) or Maternity Allowance (MA), they must reduce their entitlement to less than the 39 weeks.
If they do this, their partner may be entitled to up to 50 weeks of SPL.
This is calculated by deducting from 52 the number of weeks of SMP, SAP or MA taken by the mother/adopter.
Please ensure you read the full SPL scheme document (download below).
How does SPL work?
Shared parental leave can commence as follows:
- the mother can take SPL after she has taken the legally required two weeks of maternity leave immediately following the birth of the child
- the adopter can take SPL after taking at least two weeks of adoption leave
- the father/partner/spouse can take SPL immediately following the birth/placement of the child, but may first choose to exhaust any paternity or maternity support leave entitlements
This is because the father/partner cannot take paternity leave or maternity support leave or pay once they have taken any statutory paternity leave or shared parental pay.
Pay during SPL
If you qualify for SPL you may also be entitled to pay. There are two forms of pay:
- Statutory Shared Parental Pay (ShPP)
- Occupational Shared Parental Pay (OShPP)
Shared parental pay (ShPP)
Where an employee is entitled to receive ShPP they must, at least eight weeks before receiving any ShPP, give their line manager written notice advising of their entitlement to ShPP.
To avoid duplication, if possible, this should be included as part of the notice of entitlement to take SPL.
Any ShPP due will be paid at a rate set by the government for the relevant tax year.
View current ShPP rate - GOV.UK
There are numerous conditions on receiving ShPP so please refer to the full SPL scheme document (download below).
Occupational shared parental pay (OShPP)
To be eligible for this payment, you must:
- have at least one year’s continuous local government service at the 12th week before the week in which the child is due (or at the week in which an adopter was notified of having been matched with a child or adoption)
- return to work after your last period of SPL for a qualifying period of three months
If you've received Occupational Maternity Pay you wont be entitled to Occupational Shared Parental Pay.
For the full terms of the scheme please refer to the full SPL scheme document (download below).
How much OShPP you receive
OShPP is half of your normal weekly pay and is payable for a maximum period of 12 weeks in addition to ShPP.
The amount of weeks paid at half pay will depend on the number of weeks SPL being taken.
To prevent having to repay the OShPP, you need to return to work for the full qualifying period of three months with this authority.
If you were full time before your SPL and only return to work part-time, you'll need to work a longer qualifying period in order to make up the hours to the equivalent of three months’ full time.
If you take a career break or parental leave immediately following the end of your SPL, the three months qualifying period commences upon your return to work after the career break/parental leave.
For the full terms of the scheme please refer to the full SPL scheme document (download below).