Eligible parents can share up to 50 weeks of shared parental leave and up to 37 weeks of statutory shared parental pay in the first year after birth or adoption. Employees usually need to give 8 weeks' written notice. Continuous blocks cannot be refused if valid, but discontinuous patterns can be discussed and refused.
What shared parental leave is
Shared parental leave is a way for eligible parents to share part of the maternity or adoption leave and pay that would otherwise sit with the birth parent or primary adopter. It is not extra leave on top of the 52-week maternity or adoption entitlement. It is created when the birth parent or primary adopter curtails, or commits to ending, their maternity or adoption leave early.
That makes the employer process more admin-heavy than ordinary maternity or paternity leave. You are not just checking one employee's dates. You are checking how much leave and pay has been used, how much remains, which parent is taking what, and whether the correct notices and declarations have been provided.
How much leave and pay can be shared
The maximum shared parental leave pot is 50 weeks. The maximum shared parental pay pot is 37 weeks. Those are maximums because the birth parent or primary adopter must normally take at least 2 weeks of maternity or adoption leave after birth or placement, or 4 weeks if they work in a factory.
Eligibility checks employers should make
Shared parental leave eligibility is more layered than most statutory leave. There is normally a test for the employee, a test for the other parent, and a set of declarations. The employee requesting shared parental leave must give written notice that they are entitled to take it, and the other parent must confirm they meet the relevant employment and earnings test.
For a small employer, the practical point is to use a standard form. Do not try to gather shared parental leave details through informal messages. Ask for the expected or actual birth or placement date, the amount of maternity or adoption leave and pay used, the amount of shared leave and pay available, the proposed split between parents, and signed declarations from both parents.
The notice process
Notice of entitlement and intention
The employee gives at least 8 weeks' notice and sets out how much leave and pay is available and how they expect to divide it.
Period of leave notice
The employee books the actual dates they want to take. This can be given at the same time as the entitlement notice.
Employer response
Confirm receipt quickly, check the dates, and distinguish between a continuous block and a discontinuous pattern.
Record the leave separately
Keep shared parental leave, statutory shared parental pay, SPLIT days and annual leave as separate records. That avoids confusion when the employee returns.
Continuous and discontinuous leave
A continuous block is one unbroken period of leave. If the employee is eligible and has given valid notice, the employer cannot refuse it. A discontinuous request is different. That is where the employee asks for multiple blocks of shared parental leave with periods back at work between them.
Employers can refuse a discontinuous pattern if it does not work operationally. ACAS says the employer should discuss alternatives. If no agreement is reached within 14 days, the employee can withdraw the request or take the leave as one continuous block.
| Request type | Example | Can employer refuse? | Practical response |
|---|---|---|---|
| Continuous leave | 12 weeks off in one block | No, if valid | Confirm dates and update payroll/leave records |
| Discontinuous leave | 2 weeks off, 2 weeks on, repeated | Yes, after discussion | Explore alternative pattern within 14 days |
| Variation notice | Changing already booked dates | Depends on notice use and circumstances | Check whether it counts as one of the employee's notices |
Statutory shared parental pay in 2026
For 2026 to 2027, statutory shared parental pay is £194.32 per week or 90% of average weekly earnings, whichever is lower. Unlike maternity pay, there is no 6-week period paid at uncapped 90% once the parent moves onto shared parental pay.
Employers can usually recover statutory shared parental pay from HMRC. The standard recovery rate is 92%, while eligible small employers can recover 109% under Small Employers' Relief.
Rights during shared parental leave
Employment terms and conditions are usually protected during shared parental leave, apart from ordinary wages. The employee continues to build up annual leave. They are also protected from detriment and automatic unfair dismissal connected with taking or planning to take shared parental leave.
Employees can work up to 20 shared parental leave in touch days, known as SPLIT days, without ending the leave. These are optional and must be agreed by both employer and employee.
A practical employer process
- Use a standard notice form rather than informal emails.
- Ask for both parents' declarations at the start.
- Record maternity or adoption leave already used before confirming the shared balance.
- Separate shared parental leave from annual leave and unpaid parental leave.
- Agree how annual leave will be used before or after the shared parental leave period.
- Plan cover early if the employee asks for a discontinuous pattern.