Shared Parental Leave and Pay

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When you can start

You can only start Shared Parental Leave (SPL) or Shared Parental Pay (ShPP) once the child has been born or placed with your family for adoption.

You can check when you and your partner can start your leave using the Shared Parental Leave and Pay planning tool.

For SPL to start

The mother (or the person getting adoption leave) must either:

  • return to work, which ends any maternity or adoption leave
  • give their employer ‘binding notice’ of the date when they plan to end their leave (you cannot normally change the date you give in binding notice)

You can start SPL while your partner is still on maternity or adoption leave as long as they’ve given binding notice to end it.

You can give binding notice and say when you plan to take your SPL at the same time.

A mother cannot return to work before the end of the compulsory 2 weeks of maternity leave following the birth (4 weeks if they work in a factory). If you’re adopting, the person claiming adoption pay must take at least 2 weeks of adoption leave.

If the mother or adopter does not get maternity or adoption leave

The mother or adopter must end any maternity pay, adoption pay or Maternity Allowance so that they or their partner can get SPL.

For ShPP to start

The mother (or the person getting adoption pay) must give their employer binding notice of the date when they plan to end any maternity or adoption pay.

If they get Maternity Allowance, they must give notice to Jobcentre Plus instead.

They cannot restart maternity pay, Maternity Allowance or adoption pay once it’s ended.

You can start ShPP while your partner is still on maternity pay, adoption pay or Maternity Allowance as long as they’ve given binding notice to end it.

You can give binding notice and say when you plan to take your ShPP at the same time.

Change the decision to end maternity or adoption leave

The mother or adopter may be able to change their decision to end maternity or adoption leave early. They must let their employer know.

They can only change the decision if both:

  • the planned end date has not passed
  • they have not already returned to work

One of the following must also apply:

  • you find out during the 8-week notice period that neither of you is eligible for SPL or ShPP
  • the mother or adopter’s partner has died
  • the mother tells their employer less than 6 weeks after the birth (and they gave their employer notice before the birth)
View a printable version of the whole guide

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