Shared parental leave and pay when HR software runs the claim (UK)

Shared parental leave lets parents split leave and pay after a birth instead of the mother taking it all as maternity leave. It is one of the hardest family rights for HR and payroll systems to handle, because each parent's entitlement depends on the other parent's work history and on how much maternity leave and pay has already been used. This page sets out the rules for births in Great Britain and where software most often goes wrong. It is for parents and for employers. Adoption has a parallel set of rules, and Northern Ireland has separate legislation.

The short answer: the mother must end her maternity leave or pay early. The parents can then share up to 52 weeks of leave, less the maternity leave already taken, and up to 39 weeks of pay, less the maternity pay weeks already used, in the year after the birth. Each parent who takes the leave needs 26 weeks' service by the 15th week before the expected week of birth, and the other parent must pass a separate work and earnings test. Pay is the lower of £194.32 a week and 90% of normal weekly earnings.

Who qualifies for the leave

The power to make these rules is in the Employment Rights Act 1996 (s75E and s75F); the detail is in the Shared Parental Leave Regulations 2014. A mother qualifies if she passes the continuity of employment test, has the main responsibility for the child with the other parent, is entitled to maternity leave, has curtailed that leave or returned to work, and has given the required notices and evidence (reg 4). The father or partner qualifies on matching terms (reg 5).

The continuity test is 26 weeks' continuous employment with the employer ending with the week before the 14th week before the expected week of birth, with the employee still employed in the week before the leave (reg 35). The other parent does not need to be an employee: they must have worked, employed or self-employed, in at least 26 of the 66 weeks before the expected week of birth, with average weekly earnings, taken from the 13 best paid of those weeks, at or above a set threshold (reg 36). An HR tool that only checks its own employee is missing half the test.

Unlike paternity leave, which has been a day one right since April 2026 (see maternity and paternity pay), shared parental leave still has the 26 week service test; legislation.gov.uk showed no pending changes to regulation 35 at 31 October 2026.

How much leave and pay there is

The total shared parental leave is 52 weeks less the maternity leave taken up to the curtailment date (reg 6). It must be taken in complete weeks, in one block or several, between the birth and the day before the child's first birthday (reg 7). Statutory shared parental pay is available for 39 weeks less the weeks of maternity pay or maternity allowance already paid or curtailed (Statutory Shared Parental Pay (General) Regulations 2014, reg 10). Each parent's share is reduced by what the other has booked, so a system needs both parents' figures to give the right balance.

The notices

• Notice of entitlement: at least 8 weeks before the first period of leave, in writing, with the names of both parents, the maternity leave dates, the total available, how much each intends to take, and signed declarations, including the other parent's consent (reg 8).
• Evidence: the employer can ask within 14 days for a copy of the birth certificate and the other parent's employer's name and address, and the employee then has 14 days to provide them (reg 10).
• Period of leave notice: at least 8 weeks before the leave, setting out the start and end dates (reg 12). An employee can give up to three period of leave notices or variations in total, though some do not count, such as changes caused by an early or late birth (reg 16).

A request for one continuous block must be granted. A request for separate blocks can be agreed, met with other dates, or refused within two weeks; if there is no agreement, the employee can take the total as one continuous block (reg 14). Changes also need 8 weeks' notice (reg 15). A system that auto-refuses split blocks without telling the employee of the continuous block option, or that counts every change against the limit of three, is applying the rules wrongly.

Statutory shared parental pay

Pay has its own tests: 26 weeks' continuous employment ending with the relevant week, normal weekly earnings at or above the lower earnings limit in the 8 weeks to that week, and continued employment up to the pay period (reg 30). For the mother, her maternity pay period must have been reduced (reg 4). Pay notices have the same 8 week lead time (reg 6). The weekly rate is the lower of £194.32 and 90% of normal weekly earnings (reg 40), the cash figure set from 6 April 2026 by the up-rating order (SI 2026/148, art 10(2)). Fractions of a penny are rounded up.

Practical steps

• Employers: make sure the HR system records the other parent's declaration and work test, recalculates both balances when either parent books leave, gives a decision on split blocks within two weeks, counts only the notices that the rules count, and uses £194.32. Have a named person who can check unusual cases by hand.
• Parents: agree the split in writing between you before either of you books, and keep copies of every notice. If a portal says you are not eligible, ask whether it means leave or pay and which test failed. For babies in hospital, see neonatal care leave and pay; for working patterns on return, see flexible working requests.

This page is general information on the law in Great Britain as at 31 October 2026, not legal advice.