Shared Parental Pay (General) Regulations 2014
What this means for your business
- Applies to
- United Kingdom
- On this page
- 5 compliance obligations, 1 practical guide
What you must do
5 compliance obligations under this legislation.
Notifications 1
Receive partner's Shared Parental Pay notice and information
When one of your employees adopts a child and their partner plans to claim Statutory Shared Parental Pay (adoption), you must be given the partner’s notice and supporting details at least eight weeks before the first pay period. You also need to keep this information and, if you ask for more, supply it within 14 days of your request.
Payments and fees 1
Pay statutory shared parental pay when ending contracts to avoid liability
If you end an employee’s contract after they have worked for at least eight weeks and you do so mainly to avoid paying statutory shared parental pay, you must still make that payment. The employee will be treated as if they had stayed employed for a longer period when calculating their entitlement.
Record keeping 3
Collect and keep Shared Parental Pay notices from father/partner
When one of your staff (or their partner) wants to claim Shared Parental Pay for a birth, you must receive a written notice from them at least eight weeks before the first week they want to be paid. You also need to get the mother’s signed consent and other details (birth certificate, mother’s employer info, etc.) and keep these records. If you ask for any of the information, the employee must supply it within 14 days.
Collect and retain employee notice and evidence for Shared Parental Pay
When a mother employee tells you she wants to claim Shared Parental Pay, you must receive her written notice showing how many weeks she and the partner intend to take, plus the supporting declarations and a birth‑certificate copy. You may ask for any missing information within 14 days of getting the notice, and you must keep all these documents on file.
Obtain and keep adopter’s notice and supporting documents for Shared Parental Pay (adoption)
If one of your employees is adopting a child and will claim Statutory Shared Parental Pay, you must receive a written notice from them about the weeks of pay they plan to claim, together with declarations from the employee, their partner and the adoption agency. You must ask for any missing information within 14 days of receiving the notice and keep all the documents as evidence.
Practical guidance
Our guides explain how to comply with the requirements above.
Sections and provisions
50 classified provisions from this legislation.
Duties 6
- s.6 Notification and evidential requirements relating to the mother intention of P
- s.7 Notification and evidential requirements relating to the father or partner intention of M
- s.19 Notification and evidential requirements relating to the adopter intention of AP
- s.20 Notification and evidential requirements relating to the partner intention of A
- s.42 Avoidance of liability for statutory shared parental pay
- s.45 Liability of the Commissioners to pay statutory shared parental pay
Offences and penalties 4
- s.14 Other cases where there is no liability to pay statutory shared parental pay
- s.26 Other cases where there is no liability to pay statutory shared parental pay
- s.46 Liability of the Commissioners to pay statutory shared parental pay in case of legal custody or imprisonment
- s.47 Payments by the Commissioners
Powers 3
Definitions 8
- s.2 Definitions 1992 Act A AP
- s.4 Entitlement of mother to statutory shared parental pay (birth)
- s.5 Entitlement of father or partner to statutory shared parental pay (birth)
- s.10 Extent of entitlement to statutory shared parental pay (birth) week
- s.17 Entitlement of adopter to statutory shared parental pay (adoption)
- s.18 Entitlement of partner to statutory shared parental pay (adoption)
- s.22 Extent of entitlement to statutory shared parental pay (adoption) week
- s.29 Conditions relating to employment and earnings of a claimant's partner calculation week tax year employed earner
Exemptions 8
- s.9 Modification of notice conditions in case of early birth
- s.12 Work during period of payment of statutory shared parental pay (birth)
- s.15 Conditions of entitlement to statutory shared parental pay: absence from work
- s.24 Work during period of payment of statutory shared parental pay (adoption)
- s.27 Conditions of entitlement to statutory shared parental pay: absence from work
- s.32 Normal weekly earnings of a claimant for statutory shared parental pay
- s.33 Treatment of persons as employees
- STATUTORY SHARED PARENTAL PAY IN SPECIAL CIRCUMSTA STATUTORY SHARED PARENTAL PAY IN SPECIAL CIRCUMSTANCES