Shared parental leave

Updating author: Jo Broadbent, Hogan Lovells

Brightmine editor: Laura Merrylees

Summary

• Mothers, fathers, partners of mothers of babies and adoptive parents are entitled to statutory shared parental leave if they meet certain eligibility requirements. (See The right to shared parental leave)
• For employees to be eligible to take shared parental leave, they must satisfy an individual eligibility test and their partners must satisfy a joint eligibility test. (See Entitlement to shared parental leave (birth) and Entitlement to shared parental leave (adoption))
• For employees to be eligible to take shared parental leave, the mother or adopter must have returned to work or have curtailed their maternity leave or their adoption leave. (See Curtailment of maternity leave (birth) and Curtailment of adoption leave (adoption))
• Parents must comply with notice and evidence requirements to take a period of shared parental leave. (See Notice of entitlement and intention to take shared parental leave (birth) and Notice of entitlement and intention to take shared parental leave (adoption))
• An employee may carry out up to 20 days' work for their employer without bringing shared parental leave to an end. (See Working during shared parental leave (SPLIT days))
• An employee on shared parental leave, or who has returned to work after a period of at least six consecutive weeks of shared parental leave that started on or after 6 April 2024, has preferential redeployment rights in a redundancy situation. (See Redundancy during shared parental leave)
• An employee has the right not to be subjected to a detriment or to be dismissed for exercising the right to take shared parental leave. (See Detriment and dismissal)