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Shared Parental Leave – Eligibility For Birth Parents & For Adopters

Shared Parental Leave allows eligible parents, adopters, and partners to share time off work after their child is born or placed for adoption. This leave structure also allows them to return to work for part of the time and then resume their leave at a later date.

Furthermore, the employment law in the United Kingdom also entitles eligible mothers and adopters to continue having Maternity and Adoption rights, while they may choose to end their maternity leave early, in return for Shared Parental Leave and Pay. later on, they can take time with their named partner to decide how they want to share this new entitlement.

While qualifying fathers, adopter and the partner of a mother still have access to two weeks of paid Paternity Leave, the Shared Parental Leave replaces the Additional Paternity Leave entitlement.

Overview

You and your partner may choose to get Statutory Shared Parental Pay (ShPP) and Shared Parental Leave (SPL) if you’re having a baby or adopting a child. Here are a few points to consider:

  • You can share up to 37 weeks of pay and 50 weeks of leave between you;
  • You need to share the ShPP and SPL in the first year after the birth of your child or placement with your family;
  • You can either use SPL to take leaves in segments, separated by periods of work, or take it all at once; You can similarly, choose to stagger the leave and pay or be off work together;

Eligibility For Birth Parents

To be eligible for Statutory Shared Parental Pay (ShPP) and Shared Parental Leave (SPL), both parents must:

  • share responsibility for the child when it is born;
  • meet work and pay criteria, depending upon which parent wants to use the shared parental pay and leave;

It is important to know that if you start sharing the responsibility for the child after it’s birth, you are no longer eligible for SPL. Furthermore, the eligibility criteria are different for not-birth and adoptive parents.

As per the UK employment law, both parents may share the ShPP and SPL; however, they must:

  • have been employed continuously for a minimum of 26 weeks (by the end of the 15th week before the due date;
  • work with the same employer during the period of SPL;
  • employed as ‘employees’ (and not ‘workers’);
  • each earns at least £116 a week on average;

If either of the parents is a ‘worker’, they may share ShPP but not SPL. also, if either of them earns less than £116 a week, they are eligible to share SPL but not ShPP.

Eligibility For Adopters

Both adoptive parents may be eligible for Statutory Shared Parental Pay (ShPP) and Shared Parental Leave (SPL); however, they must:

  • share the child’s responsibility;
  • meet the work and earnings criteria;

Furthermore, both parents may share the ShPP and SPL; however, they must:

  • have been employed continuously for a minimum of 26 weeks (by the end of the 15th week before the due date;
  • work with the same employer during the period of SPL;
  • employed as ‘employees’ (and not ‘workers’);
  • each earns at least £116 a week on average;

If either of the parents is a ‘worker’, they may share ShPP but not SPL. also, if either of them earns less than £116 a week, they are eligible to share SPL but not ShPP.

Eligibility Criteria If Only One Parent Wants to Take the SPL and ShPP

It is possible for only one parent to avail the SPL and ShPP; however, they must:

  • have been employed continuously for a minimum of 26 weeks by the same employer;
  • have worked for the same employer while they take SPL;
  • be employed as an ‘employee’ (and not a ‘worker’);
  • earn at least £116 per week on average;

Meanwhile, the other parent must:

  • have been working for a minimum of 26 weeks (the period of employment can be discontinuous) before the week they receive the child’s custody;
  • have earned an amount of at least £390 in 13 of the 66 weeks (while the highest paying weeks are added up, they do not need to be continuous);

If the parent who wants to avail the pay and leave, is a ‘worker’, he or she can get ShPP but not SPL. furthermore, if they earn less than £116 per week, they are eligible to apply for SPL but not ShPP.