Advise an employee on qualifying criteria for shared parental leave

Key points

  • Shared parental leave is in force in relation to babies due on or after 5 April 2015 and children placed for adoption on or after that date.
  • There is a two-stage test for eligibility for shared parental leave: an employee must be eligible in his or her own right and the employee's partner must also meet certain eligibility requirements.
  • The qualifying criteria for shared parental leave include that the employee must have at least 26 weeks' service at the relevant date, and must have responsibility for the care of the child.
  • If the employee is the mother of the child, to qualify for shared parental leave, she must be entitled to statutory maternity leave in respect of the child. Other criteria apply where the employee is the father of the child, or the mother's partner.

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