Which employees are entitled to statutory shared parental pay?

An employee (whether the mother of a child, the mother's partner or the child's father) will qualify for statutory shared parental pay if he or she:

  • has at least 26 weeks' continuous employment ending with the 15th week before the expected week of childbirth and remains in continuous employment with that employer until the week before the first week that shared parental pay is payable;
  • has normal weekly earnings of at least the lower earnings limit for national insurance contribution purposes for a period of eight weeks ending with the 15th week before the expected week of childbirth;
  • has the main responsibility (apart from the responsibility of the other parent) for the care of the child at the date of birth; and
  • has complied with the relevant notice and evidence requirements.

Further, for the mother of a child to qualify for statutory shared parental pay:

  • she must be entitled to statutory maternity pay in relation to the child and have reduced the maternity pay period; and
  • her partner, or the child's father, must have:
    • been employed or self-employed during at least 26 of the 66 weeks before the expected week of childbirth;
    • average weekly earnings of at least £30 for any 13 of those 66 weeks; and
    • the main responsibility for the child at the date of the birth (apart from the responsibility of the mother).

For the mother's partner, or the child's father, to qualify for statutory shared parental pay, the child's mother must:

  • have been employed or self-employed during at least 26 of the 66 weeks before the expected week of childbirth;
  • have average weekly earnings of at least £30 for any 13 of those 66 weeks;
  • be entitled to statutory maternity pay or maternity allowance in relation to the child and have reduced the pay period; and
  • have the main responsibility for the child at the date of the birth (apart from the responsibility of the partner or father).

Parents who are adopting a child can also qualify for statutory shared parental pay. See When will an employee who is adopting a child qualify for statutory shared parental pay?