Labour Research January 2017

Law Queries

Shared parental leave

Q. Who can benefit from shared parental leave?

A. Shared parental leave enables parents to share care of their child in the first year following birth/adoption. It is possible to take leave at the same or different times.

The first requirement to qualify for shared leave is that the mother/adopter must have an entitlement to maternity/adoption leave, and have provided notice to shorten this and share the main caring responsibility for the child in question with the named partner. 


Any parent sharing the leave must also be an employee who has worked for the same employer for a period of at least 26 weeks by the end of the 15th week before the week in which the child is due to be born. In the case of adoption, the relevant week is the week in which notification was given of a match with a child. 


It is also necessary to be employed in the first week of shared parental leave. 


There are additional employment and earnings tests to the effect that the person must have worked for at least 26 weeks in the 66 weeks leading up to the due date, and have earned above the maternity allowance threshold of £30 a week in 13 of the 66 weeks. 


Where both parents fulfil these tests, both will be able to share the leave.

www.acas.org.uk/index.aspx?articleid=4911