Shared Parental Leave Regulations 2014
What this means for your business
- Applies to
- United Kingdom
- On this page
- 12 compliance obligations, 1 practical guide
What you must do
12 compliance obligations under this legislation.
Management duties 5
Allow continuous shared parental leave when employee gives notice
If an employee informs you, using the correct form, that they want one uninterrupted block of shared parental leave, you must let them take that leave. The employee’s request creates a right, so you need to approve and record the leave as requested.
Allow continuous shared parental leave when requested
If an employee provides the proper notice asking for one uninterrupted block of shared parental leave, you must let them take that leave. You cannot refuse the request and must record the leave and adjust pay accordingly.
Receive and process shared parental leave notice correctly
When an employee wants to take shared parental leave after a birth, they must give you written notice of the start and end dates at least eight weeks before the first day of leave. You may only accept that notice after any earlier maternity or paternity notice has been given and the dates must fall within the statutory SPL window.
Respond to employee request for discontinuous shared parental leave (adoption)
If an employee asks for separate blocks of shared parental leave after adopting a child, you must, within two weeks of the notice, either agree to the dates, suggest other dates, or refuse the request (without suggesting alternatives). If you do not reach an agreement, the employee can take the leave as one continuous period. You need a process to handle these requests and keep a record of your decision.
Respond to employee's discontinuous SPL request within 2 weeks
When an employee asks for non‑continuous Shared Parental Leave, you must reply within two weeks. You can either agree to the dates they want, suggest alternative dates, or refuse the request. If you agree (or agree to alternatives) the employee takes the leave as set; if you don’t reach an agreement, the employee can take the total leave as one continuous block.
Notifications 4
Give written notice of shared parental leave
If you’re a father or partner who wants to take shared parental leave, you must send your employer a written notice at least eight weeks before the leave starts. The notice has to contain specific details about you, the mother, the child’s expected birth, how much leave each of you will take, and signed declarations from both you and the mother.
Give written notice of shared parental leave (adoption)
If you are adopting a child and want to take shared parental leave, you must put your leave dates in writing to your employer. The notice must show the start and end dates for each period of leave and be handed in at least eight weeks before the first day you want off. You cannot send this notice until you have already given any earlier notices required by the other SPL regulations.
Give written notice of shared parental leave entitlement
If you’re the partner of an adopter and want to take shared parental leave, you must give your employer a written notice at least eight weeks before the leave starts. The notice must contain specific details about the adoption and the leave you and the adopter plan to take, and it must be signed by both of you.
Give written notice of shared parental leave entitlement and plans
If you’re a mother who wants to take shared parental leave, you must send your employer a written notice at least eight weeks before the first day of leave. The notice must include details about you, your partner, the baby’s expected birth, how much leave each of you plans to take and the dates you intend to be off, together with signed declarations. If you give the notice before the baby is born, you must also supply the actual date of birth as soon as practicable and before the leave starts.
Record keeping 3
Accept and update written changes to shared parental leave
If you employ a parent who is adopting a child, and that employee (or their partner) wants to change the dates or amount of shared parental leave they plan to take, they must give you a written notice. You must acknowledge that notice and update the employee’s leave entitlement and any payroll arrangements accordingly, so the leave schedule stays current.
Receive and keep employee’s shared parental leave notice
If one of your staff adopts a child and wants to take shared parental leave, they must give you written notice at least eight weeks before the leave starts. You need to keep that notice (and any later placement‑date update) so the leave can be recorded correctly.
Record employee‑supplied variations to shared parental leave
When your staff give you a written notice that they want to change how much shared parental leave they plan to take, you need to record that change. This affects how much leave you plan to cover, your payroll calculations and any benefits you’re required to pay.
Practical guidance
Our guides explain how to comply with the requirements above.
Sections and provisions
47 classified provisions from this legislation.
Duties 12
- s.8 Mother’s notice of entitlement and intention to take shared parental leave
- s.9 Father’s or partner’s notice of entitlement and intention to take shared parental leave
- s.11 Variation of notice of intention to take shared parental leave (birth)
- s.12 Period of leave notice (birth)
- s.13 Continuous period of shared parental leave (birth)
- s.14 Discontinuous periods of shared parental leave (birth)
- s.24 Adopter’s notice of entitlement and intention to take shared parental leave
- s.25 Adopter’s partner’s notice of entitlement and intention to take shared parental leave
- s.27 Variation of notice of intention to take shared parental leave (adoption)
- s.28 Period of leave notice (adoption)
- s.29 Continuous period of shared parental leave (adoption)
- s.30 Discontinuous periods of shared parental leave (adoption)
Powers 4
Definitions 10
- s.3 Interpretation 1992 Act 1996 Act adoption pay period
- s.4 Mother’s entitlement to shared parental leave
- s.5 Father’s or partner’s entitlement to shared parental leave
- s.6 Calculation of total amount of shared parental leave available (birth) week
- s.20 Adopter’s entitlement to shared parental leave
- s.21 Adopter’s partner’s entitlement to shared parental leave
- s.22 Calculation of total amount of shared parental leave available (adoption) week
- s.35 Continuity of employment test relevant week
- s.36 Employment and earnings test calculation week tax year employed earner
- s.38 Application of terms and conditions during shared parental leave terms and conditions of employment
Exemptions 7
- s.17 Modification of eight week requirement for notices where child born early
- s.18 Change of circumstances (birth)
- s.33 Change of circumstances (adoption)
- s.37 Work during shared parental leave
- s.39 Redundancy : shared parental leave
- s.40 Right to return after shared parental leave
- s.42 Protection from detriment