Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice.
Updated June 2026 · England & Wales
Shared Parental Leave (SPL) has been part of UK employment law since April 2015, giving eligible parents a way to split leave and pay during the first year after a child is born or placed for adoption. For families, it means more flexibility over who stays at home and when.
For employers, it means getting familiar with a set of notices, declarations and internal policies that sit alongside the more familiar maternity and paternity paperwork. This page walks through the main paperwork involved, how the process usually runs, and where things can get complicated.
If you are an employer drafting a policy, or a parent trying to work out whether SPL will fit around your job, the sections below should help you see the shape of the system before you get into the detail.
Overview
Shared Parental Leave lets eligible parents share up to 50 weeks of leave and up to 37 weeks of statutory pay between them during the first year after their child is born or adopted. The mother or primary adopter has to end, or commit to end, their maternity or adoption leave early for the remaining balance to become available as SPL.
Once that has happened, either parent can take the leave in a single continuous block, or break it up into as many as three separate blocks, subject to what their employer agrees. The system sits on top of several pieces of paperwork: an internal SPL policy, eligibility checks, formal notices of entitlement, declarations signed by each parent, and requests to book or change specific leave periods.
Employers are not obliged to publish their own bespoke policy, but having one tends to make the process smoother and reduces the risk of disputes. Parents need to give at least eight weeks' notice of any leave they want to take, which shapes how early these documents need to be prepared.
Key steps
Check eligibility early. Both parents need to meet continuity of employment and earnings tests, and the mother or primary adopter must qualify for maternity or adoption leave or pay. Work through the eligibility criteria before drafting any notices, because missing a condition can undo the whole plan later on.
Agree the shape of leave between parents. Before anything goes to either employer, the parents should map out roughly how they want to split the weeks, whether leave will be taken in one block or several, and whether any of it will overlap. This conversation saves a great deal of rework once formal notices are submitted.
Serve the curtailment and notice of entitlement. The mother or primary adopter signs a maternity or adoption leave curtailment notice, and each parent gives their own employer a notice of entitlement and intention to take SPL, along with a declaration from the other parent confirming the arrangement. All of this must reach employers at least eight weeks before any SPL is due to start.
Book specific leave periods. A notice of entitlement signals intent but does not actually book time off. Each parent then submits a period of leave notice setting out the exact dates. A continuous block must be accepted, while discontinuous blocks can be discussed and, in some cases, declined or rearranged by the employer.
Manage changes and keep in touch. Circumstances shift, and parents can vary or cancel booked periods using a variation notice, subject to limits on how many notices can be given. Employers and employees can also agree a small number of Shared Parental Leave In Touch (SPLIT) days without bringing the leave to an end.
Q Who is eligible for Shared Parental Leave in the UK?
To qualify, one parent normally needs to be entitled to maternity or adoption leave or pay, and both parents must share responsibility for the child. Each parent also has to meet a continuity of employment test with their own employer and an earnings test. The exact thresholds are set out on gov.uk and should be checked against the current figures before any notices are served.
Q How much leave and pay can be shared?
Up to 50 weeks of leave and up to 37 weeks of statutory pay can be shared, calculated by subtracting whatever maternity or adoption leave and pay has already been used. The leave must be taken within the first year after the child's birth or placement. Contractual enhancements to maternity pay do not automatically carry over to SPL, so it is worth checking company policy.
Q Does an employer have to have a Shared Parental Leave policy?
There is no legal requirement to publish a standalone SPL policy, but most employers find it helpful. A written policy sets expectations around notice periods, how requests will be handled, and how pay will be calculated. It also reduces the risk of inconsistent decisions between managers, which can give rise to grievances or discrimination claims if different parents are treated differently.
Q How much notice does an employee need to give?
At least eight weeks' notice is required before any period of Shared Parental Leave begins. This applies both to the initial notice of entitlement and to each booking of specific leave dates. Employees can give up to three period of leave notices in total, and employers have limited grounds to push back on discontinuous leave requests within a short discussion window.
Q Can booked Shared Parental Leave be changed later?
Yes. A parent can vary the dates or cancel a booked period using a variation notice, although the total number of notices they can submit is capped. Variations still need to be given at least eight weeks before the change takes effect. Employers and employees can also agree changes informally, but it is sensible to document anything that alters the original arrangement.
Q What are SPLIT days and how do they work?
Shared Parental Leave In Touch days, known as SPLIT days, allow an employee to work for their employer during SPL without ending the leave. Each parent can take up to 20 SPLIT days on top of any keeping in touch days used during maternity leave. Both sides have to agree, and the employee should be paid for the work done under the terms of the arrangement.
Unsure how Shared Parental Leave fits your situation?
The SPL paperwork looks simple until eligibility, notice periods and discontinuous leave requests start interacting with each other. An experienced legal adviser can talk you through how the rules apply based on what you describe, whether you are an HR team handling a request or a parent planning leave.
✓Plain-English answers to your specific questions about SPL
✓A clearer sense of the notices and declarations involved in what you describe
✓What to watch out for around eligibility, timing and variation notices
✓Practical perspective on your next steps before anything is signed or served
Personal call · For information only · Independent advisers
Written & reviewed by
Brad Askew Solicitor (non-practising)
Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice. LegalDocuments.co.uk is not a law firm and does not provide regulated legal advice.
This article is for general information only. It is a tool to help you find your way — not legal advice, and not a substitute for speaking to a qualified adviser about your situation.
