Splitting Leave Between Both Parents

Shared parental leave lets you divide up to 50 weeks of leave between both parents after your baby arrives. The birthing parent must take the mandatory two weeks of maternity leave first, leaving 48 weeks available to share. You can take your shared parental leave entitlement in separate blocks, together, or hand over leave from one parent to another. Each parent can take up to three separate periods of leave, giving you flexibility to match your family's needs. The total shared parental leave available depends on when maternity leave ends. Put simply, if the birthing parent returns to work after 12 weeks, you have 38 weeks of SPL to split between you both.

Pay, Notice And Eligibility Checks

Your shared parental leave entitlement includes up to 37 weeks of Shared Parental Pay at £194.32 per week (in 2026/27) or 90% of average weekly earnings, whichever is lower. Shared Parental Pay may be available once Statutory Maternity Pay is curtailed or ended early to allow Shared Parental Leave to be taken. Both parents must meet strict eligibility tests including 26 weeks of continuous employment and minimum earnings thresholds. Your partner must also pass the employment and earnings test, even if they work for a different employer. You need to give at least eight weeks' notice before taking shared parental leave. Your notice must include specific dates. Employers can request reasonable evidence of eligibility, such as proof of birth and your partner’s employment details.

When Employers Get SPL Wrong

Employers frequently miscalculate shared parental leave entitlement, particularly when assessing partner eligibility or calculating available weeks. Some wrongly apply their own policies instead of following statutory minimums. Many employers also get the notice periods wrong, demanding more than the legal eight weeks or refusing properly submitted applications. Others fail to process Shared Parental Pay correctly, leaving you out of pocket. Some employers even try to refuse shared parental leave requests that meet all legal requirements. This breaches your statutory rights and can lead to discrimination claims, especially if they treat SPL requests differently from maternity leave.

How Grapple AI Secures Your SPL Rights

Grapple Law's AI instantly calculates your exact shared parental leave entitlement based on your specific circumstances. Our system checks both parents' eligibility and identifies any employer errors in real time. Our AI drafts legally compliant notice letters and challenges incorrect employer responses within hours, not weeks. We secure the full shared parental leave and pay you're entitled to without lengthy legal processes. When employers breach SPL rights, Grapple AI builds your case automatically and pursues compensation for lost pay and discrimination. Our technology gives you instant access to employment law expertise when you need it most.

Frequently Asked Questions

How Many Weeks Of Shared Parental Leave Can We Take?

You can take up to 50 weeks of shared parental leave between both parents, minus any maternity leave already taken. The birthing parent must take two weeks of mandatory maternity leave first.

Can We Take SPL At The Same Time?

Yes, both parents can take shared parental leave simultaneously if you both meet the eligibility requirements. You just need to coordinate your notice periods with your respective employers.

What Is ShPP And How Much Is It?

Shared Parental Pay (ShPP) is £194.32 per week (2026/27) or 90% of your average weekly earnings, whichever is lower. You can claim up to 37 weeks of ShPP between both parents.

Can My Employer Refuse Shared Parental Leave?

No, your employer cannot refuse shared parental leave if you meet the eligibility criteria and give proper notice. Refusing a valid SPL request breaches your statutory rights and may constitute discrimination.

A Success Story

After years of strong performance, 'Jane' was placed on a Performance Improvement Plan (PIP), while on sick leave for a health condition.

With no prior warning, she felt cornered and unsure where to turn.

The process was being used as a fast-track exit strategy, to get rid of her without a fair settlement agreement offer.

Struggling with health, caring for an elderly relative, and fearing the financial fallout of losing her job, Jane turned to Grapple Law for help.

She took swift, decisive action, sending detailed legal letters to her employer and preparing for her formal meetings.

Within weeks, Jane secured a settlement of around £30,000, and paid a modest success fee to Grapple Law.