What is Shared Parental Leave? A Guide for UK Employers

There has been much talk in the media about the ‘motherhood penalty’, which in the UK is the main driver of the gender pay gap. One of the ways that the government and employers are trying to close this gap is through shared parental leave, which came into force in the UK in 2015. 

This move also speaks to a shift in parenting norms, with research finding that Millennial dads spend three times as many hours with their kids as they did in the ‘60s. Beyond simply ‘breadwinning’, more involved fatherhood is now a big part of modern men’s identity but they are not seeing this expanded role reflected or rewarded in standard leave policy and work patterns.

So what is shared parental leave, what’s so great about it, and who is eligible? 

What is shared parental leave?

Shared parental leave (or SPL) and shared parental pay (ShPP) is a way to split parental leave between two people responsible for a child. It’s an alternative to the standard maternity and paternity leave policies that give a longer stretch of leave to mothers and just two weeks to the father or partner. The UK’s paternity leave is widely viewed as poor and falls far short of what is given in other European countries. 

SPL can change that. Its flexibility means parents can plan their leave (and pay) in a way that works for them and their family dynamic and circumstances, rather than being dictated by out-of-date gender norms.

How much leave can parents share?

In the UK, SPL allows two parents to split 50 weeks of leave and 37 weeks of pay between them in the first year after having a baby or adopting a child. How they divide this up is primarily up to them, but the birth parent gets first dibs with two weeks’ compulsory maternity leave, and the shared leave is then taken off the mat leave they have left. 

How can parents split shared parental leave?

Otherwise, it’s pretty flexible. Mum could return to work soon after the child arrives and take more SPL later. Or they could go back to work and have their partner take the rest of the leave, with mum effectively giving them what would otherwise be their maternity leave. 

They could take it in turns to work for a few weeks, then be at home, staggering the leave and pay. Or, both parents might like to be off at the same time, and take an equal amount of leave over a shorter time frame before both go back to work (or not).

SPL is all about flexibility, leaving it up to the family unit to decide who is off, when and for how long. After that first 2 weeks, the leave can be used by either parent at any time in the first year. It’s not an expansion of paternity leave as an add-on to mat leave, but a way to share the long stretch of leave that was previously only given to mothers. For example, a mum who has taken 20 weeks of mat leave and SMP will have 32 weeks of SPL and 19 weeks of ShPP left to share with their partner.

Who is eligible for SPL?

Regarding eligibility, both parents must meet the same work and earnings criteria (these differ slightly for birth parents and adoptive parents). In brief, you must be an ‘employee’, earn at least £123 a week on average, and legally share responsibility for the child. The parents must give the employers notice that they intend to claim, but SPL and pay are statutory rights. So, if you’re eligible for statutory pat/mat leave, you should be able to get SPL and ShPP.

Why do some fathers not take SPL?

Of course, we only see the positive impact of SPIL if there is uptake. It’s all well and good having the policy in place, but stigma may mean limited uptake unless you tackle any tired old attitudes about parental roles and who the burden of childcare should fall on.

For example, a man recently won a sex-based discrimination case after being the subject of gossip about a flexible work plan he was granted after the birth of his daughter. The judge concluded that the kinds of comments that were being made about his ‘absence’ (he was working the same number of hours) would likely not have been made if a female staff member had changed their work pattern in the same way to care for a baby. 

This stigma may put fathers off using SPL, so employers must try to tackle it. 

Creating a supportive workplace culture

This can be done by creating a culture where childcare is not seen as ‘women’s work’, and men are given the same options to work flexibly around family life. If a man leaves early to go to a school play, look after a sick child or do nursery pickup, this shouldn’t be worthy of comment. 

If, as a manager, you get wind of any such remarks, then a quiet word with the person concerned to re-state your company values and commitment to gender equality should nip it in the bud. This will help to prevent any escalations or claims of unfair treatment on either side. 

Communicating family-friendly policies

As we can see from the case above, there is often a lack of understanding around flexible work arrangements if they haven’t been openly communicated. So be sure to explain why these are in place and how they are now the norm rather than exceptions or special perks.

SPL is a big step towards tackling the gender pay gap and the outdated norms around child-rearing that sustain it. By letting parents share up to 50 weeks of leave and 37 weeks of pay, SPL puts some power back in the hands of families, letting them design a plan that works for them. It shifts the focus away from traditional gender roles – which do not apply in every family – seeing parenting as a shared responsibility and joy.

For business, SPL helps spread the impact of parental leave more evenly across the workforce, promotes gender parity and keeps mothers engaged and able to progress in their careers. Yet, the uptake of this new-ish option will remain low if the stigma around men having a childcare role persists. 

Employers must push this out if they want to realise the full benefits of SPL. But with the right culture and policy in place, SPL has the potential to transform workplaces and drive productivity overall – we call that a huge win!