An employee asks for shared parental leave in three blocks, their partner is still on maternity leave and payroll wants to know what can be paid. That is not one question. Employers need to check the employee's eligibility, confirm how maternity or adoption leave and pay will end, distinguish the entitlement notice from the leave booking, and respond correctly to the pattern requested. A simple written workflow prevents a flexible statutory right becoming a last-minute rota problem.
Start with the shared pot, not the employee's preferred dates
Eligible parents can share up to 50 weeks of Shared Parental Leave (SPL) and up to 37 weeks of Statutory Shared Parental Pay (ShPP) in the first year after birth or placement. Those are maximums, not an extra entitlement on top of maternity or adoption leave and pay. The available balance depends on how much maternity or adoption leave and pay, or Maternity Allowance, has already been used and formally brought to an end.
The birth parent must take at least two weeks' maternity leave after birth, or four weeks if they work in a factory. The primary adopter receiving Statutory Adoption Pay must take at least two weeks' adoption leave. After the relevant curtailment, the unused balance can become available for SPL and ShPP. Parents may be off together, stagger leave or return to work and take SPL later.
Do not treat leave and pay as the same test. The employee must remain employed while taking SPL, share responsibility for the child, meet the continuity requirement and give the correct notice, including the partner declaration. ShPP has its own eligibility test. Use the statutory process and payroll evidence rather than accepting or rejecting the request from a manager's impression of the family arrangement.
GOV.UK: Shared Parental Leave employer guide ↗ · Related guide: paternity leave under the 2026 rules →
Separate the entitlement notice from the booking notice
The notice of entitlement tells the employer that the employee intends to use SPL. It sets out the maternity or adoption leave and pay used, the balance remaining, the amount each parent plans to take, indicative dates and signed declarations. Acas says it must be sent at least eight weeks before the employee's leave starts. A booking notice fixes the actual start and end dates; it can be given at the same time, but it is a separate step.
Record the date each document arrives and acknowledge it. Within 14 days of the notice, the employer may ask for a copy of the birth certificate and the name and address of the partner's employer. The employee then has 14 days to provide that information. Employers are not expected to run an investigation into another organisation's payroll, but they should resolve obvious gaps or contradictions before confirming entitlement and pay.
The eight-week rule also applies to each booked block, subject to limited provisions for a baby born more than eight weeks early. Ask for dates in whole weeks and identify whether the notice requests one continuous period or several periods separated by work. That classification controls what the employer can and cannot refuse.
Continuous leave must be accepted; a discontinuous pattern can be discussed
An eligible employee who gives valid notice for one continuous block has a statutory right to that block. The employer cannot refuse it because the dates are inconvenient. Each parent can normally submit up to three notices to book or change leave, so three separate continuous notices can create three separate blocks that the employer must accept if the requirements are met.
A single notice asking for several periods with work in between is a discontinuous leave request. The employer may agree it, propose a different pattern or refuse it. Use the 14-day discussion period to test practical options: fewer handovers, longer blocks, different project dates or agreed SPLIT days. If no pattern is agreed, the employee may withdraw the request or take the total leave as one continuous block under the statutory process.
For example, a Newcastle engineering firm receives a request for two weeks off followed by two weeks at work, repeated for four months. It may refuse that discontinuous pattern after genuine discussion. It could not refuse a valid notice for the same eight weeks taken as one continuous block. The issue is the pattern, not whether the manager thinks the employee has chosen a busy time.
Map the statutory dates before confirming cover.
HR + SAFETY can review the entitlement and booking notices, calculate the decision timetable and help managers respond consistently.
Discuss a shared parental leave requestPlan changes, pay and contact before the first day away
Parents can change booked dates, but usually need to give at least eight weeks' written notice. A change requested by the employer and agreed by the employee does not count towards the employee's normal three notices. Do not pressure an employee to move statutory leave or treat them unfavourably if they decline. Keep the revised entitlement allocation and booked dates aligned, particularly where both parents change the split.
For 2026/27, GOV.UK states that ShPP is £194.32 per week or 90% of average weekly earnings, whichever is lower. Check the applicable rate and qualifying earnings when payroll processes the claim. HMRC records must show the eligibility evidence, payment start date, payments, amounts reclaimed and any unpaid weeks with reasons; keep them for at least three years after the end of the tax year to which they relate.
Each employee can agree up to 20 shared-parental-leave-in-touch (SPLIT) days without ending SPL. They are optional for both sides, and working part of a day still uses one day. Agree the purpose, date and pay in advance. SPLIT days are separate from the 10 KIT days available during maternity or adoption leave; neither is a route to require work during leave.
GOV.UK: current entitlement and pay ↗ · Related guide: keeping in touch days →
Protect the employee during leave and manage the return
Contractual terms continue during SPL except normal wages. Holiday continues to accrue, and the employer should keep the employee informed about important workplace changes, vacancies and development opportunities. Agree a reasonable contact plan before leave instead of either cutting the employee off or sending routine messages throughout their time away.
Employees are protected against detriment and automatic unfair dismissal connected with taking or planning SPL. Redundancy protection and return-to-work rights can also apply, with the precise return right depending on the leave taken and what other statutory leave it follows. Get case-specific advice before restructuring a role, selecting for redundancy or proposing a different job during the protected period.
A return conversation should confirm the agreed date, accrued holiday, any SPLIT-day arrangements, workplace changes and practical support. Since 6 April 2026, an eligible employee can take paternity leave after SPL, so do not assume their SPL end date is automatically their physical return date. Check each statutory leave notice separately.
Acas: during shared parental leave ↗ · Related guide: neonatal care leave →
Shared parental leave employer checklist
Legal requirements and official guidance were checked on 13 October 2026. This guide explains the current rules in England, Scotland and Wales. Northern Ireland has a separate statutory framework, and unusual eligibility, early-birth, bereavement, adoption or redundancy facts need advice on the specific case.
- Log the notice of entitlement and the proposed first day of leave.
- Check responsibility, continuity, partner declaration and the separate ShPP conditions.
- Confirm how maternity or adoption leave and pay will end and calculate the shared balance.
- Ask for permitted evidence within 14 days if it is needed.
- Identify each booking as continuous or discontinuous and check the eight-week notice.
- Accept a valid continuous block; discuss a discontinuous pattern within the statutory timetable.
- Track each employee's booking and variation notices without confusing the two parents' limits.
- Tell payroll the approved leave and pay weeks, then retain HMRC records for the required period.
- Agree contact, SPLIT days, holiday and return arrangements without requiring work during leave.
- Keep the employee informed and do not disadvantage them for requesting or taking SPL.
Run shared parental leave as four linked checks: establish the shared balance, verify entitlement and pay separately, classify every booking correctly, and keep one dated record of notices, decisions, payroll and return arrangements.
This guide provides general information for UK employers. It is not legal advice and should not replace advice based on the facts of a specific matter.