Shared Parental Leave

Shared Parental Leave

Written by Crystal HR & Payroll
19 Nov 2024

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Shared Parental Leave (SPL) can feel like a complex process for employers, but with the right steps in place, you can handle it confidently while supporting your employees. This guide will break down everything you need to know, from understanding SPL to managing requests and ensuring compliance, all in a simple, actionable format.

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SPL

What is Shared Parental Leave?

Shared Parental Leave (SPL) allows eligible parents to split up to 50 weeks of leave and 37 weeks of Statutory Shared Parental Pay (ShPP) after the birth or adoption of a child. This flexibility lets parents:

  • Be on leave at the same time.
  • Take turns caring for their child.
  • Split their leave into separate blocks.

For employers, SPL requires clear policies, streamlined payroll processes, and proactive planning to minimise disruption while supporting your team.


Shared Parental Leave Pay: What You Need to Know

Shared Parental Leave Pay (ShPP) is the pay that eligible employees receive during their Shared Parental Leave. As of the 2024/25 tax year, the rate is £184.03 per week or 90% of the employee's average weekly earnings, whichever is lower.

Employers need to ensure they process ShPP correctly, especially if employees opt for discontinuous leave (taking leave in separate blocks). The pay can be claimed for up to 37 weeks of leave, but only for those who meet the eligibility requirements, which include shared childcare responsibility and meeting earnings criteria.


Shared Parental Leave Eligibility: Who Can Take SPL?

  • Shared Responsibility: Both parents must share childcare duties.
  • Work and Earnings Criteria: The employee must have worked for their employer for at least 26 weeks by the 15th week before the due date (or adoption matching date) and meet certain earnings thresholds.
  • Sufficient Leave: Parents can only take SPL if they have enough leave left after maternity, adoption, or parental leave.

Is Shared Parental Leave a Statutory Right?

Yes, Shared Parental Leave is a statutory right for eligible employees, meaning that employers are legally required to provide it. This includes the right to Shared Parental Leave Pay (ShPP) for eligible parents. Employees must meet eligibility criteria to qualify for both leave and pay.


How Does Shared Parental Leave Work

Shared Parental Leave Example:

Scenario

Emma, a software engineer, decides to return to work after 18 weeks of maternity leave. She and her partner, Tom, agree to share the remaining 32 weeks of leave. Tom takes 10 weeks first, followed by Emma taking another 10 weeks later in the year. The couple overlaps their final 12 weeks of leave.

Employer Implications:

  1. Payroll Adjustments: Calculate and process ShPP payments for discontinuous leave periods.
  2. Workforce Planning: Arrange coverage for overlapping leave.
  3. Communication: Work closely with both employees to ensure seamless scheduling.

How to Manage SPL Requests and Ensure Compliance

1. Prepare Policies and Processes

  • Update your HR policies to include SPL and ShPP details.
  • Outline the 8-week notice requirement and provide employees with clear application steps.

2. Train Line Managers

  • Equip managers with the knowledge to handle SPL requests confidently and fairly.
  • Highlight how SPL supports retention and a family-friendly culture.

3. Review Employee Eligibility

  • Confirm eligibility for both SPL and ShPP:
    • Parents must share childcare responsibility.
    • Employees must meet work and earnings criteria.
  • Ensure employees provide the necessary documentation, including notice of leave and pay-sharing plans.

4. Update Payroll Systems

  • Configure payroll to process Statutory Shared Parental Pay at £184.03 per week (2024/25 tax year) or 90% of average weekly earnings, whichever is lower.
  • Set up systems to handle discontinuous leave payments.

5. Communicate Clearly

  • Acknowledge SPL requests promptly and confirm decisions in writing.
  • Agree on a return-to-work plan that fits both the employee and the business.

6. Plan for Coverage

  • Reassign key tasks to minimize disruption.
  • Consider temporary staffing if necessary to maintain workflow.

SPL FAQs for Employers

Q: Do I have to approve SPL requests?

 

  • Continuous leave requests? Yes, if the employee is eligible.
  • Discontinuous leave? You can refuse if it disrupts business operations.

 

Q: What happens if employees don’t give 8 weeks’ notice?

You’re not obligated to approve their request, but it’s good practice to explore reasonable solutions.

Q: Does SPL apply to same-sex couples?

Yes! SPL is inclusive and applies to same-sex parents and adoptive families.

Q: Can SPL improve employee retention?

Absolutely. Employees who feel supported during life changes like parenthood are more likely to stay long-term.


Quick Reference Table: SPL at a Glance

AspectDetails
EligibilityShared responsibility for the child, work/earnings criteria met.
Notice Period8 weeks before SPL starts.
Leave DurationUp to 50 weeks (37 weeks paid).
Discontinuous LeaveAllowed if agreed by the employer.
Pay£184.03 per week (2024/25) or 90% of average weekly earnings, whichever is lower.

Why SPL Is Worth It

  • Employee Retention: Employees who feel supported are more loyal and engaged.
  • Family-Friendly Reputation: Offering SPL highlights your commitment to work-life balance.
  • Workforce Planning: With the right preparation, SPL requests don’t have to disrupt your business.

Next Steps for Employers

Managing SPL doesn’t have to be overwhelming. With the right tools and processes, you can create a supportive and efficient system:


Key Takeaway: Shared Parental Leave gives parents flexibility while presenting an opportunity for employers to build a supportive workplace culture. With this guide, you’re ready to manage SPL with confidence.

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