New right to shared parental leave from 2015 (SPL)

(Updated February 2024)

The Government are introducing a new shared parental leave and pay system for children born, or matched / adopted, on 5th April 2015 or after; in England, Scotland and Wales and we look at all the details of this complicated legislation in our article here.

This new Shared Parental Leave (SPL) system is to allow both parents and adopters more flexibility in how they care for their child during the first year after birth / adoption. In January 2015 the Government published an ‘online calculator’ so you can work out what maternity, paternity or shared parental pay you may be entitled to – which you can see here.

Eligible mothers and fathers will be able to share up to 50 weeks’ leave (52 weeks less 2 weeks compulsory maternity leave) to care for their child – less the period that the mother has spent on maternity/adoption leave; and share up to 37 weeks’ shared parental pay (39 weeks less 2 weeks compulsory maternity/adoption pay) – less the pay period the mother has taken.

The government has an ‘online parental leave calculator’ so you can work out what maternity, paternity or shared parental pay you may be entitled to.

Shared Parental Leave Pay increases from £172.48 to £184.03 per week from 7th April 2024.

Terms and conditions during SPL other than Pay

During SPL an employee will be entitled to all their existing terms and conditions other than those relating to pay, including accruing annual leave. Employers’ contributions to a pension scheme need to continue through the period of paid leave.

If an employees employment comes to an end while they are still entitled to ShPP, any remaining entitlement will usually be payable by the employer – unless the employee starts working elsewhere.

In April 2021 in the case of Price v Powys County Council, the EAT dismissed an appeal in a sex discrimination claim by a male employee who argued that he could compare his treatment on Shared Parental Leave with a woman on Adoption Leave.