Shared parental leave and shared parental pay

Susie Munro

Editor's message: Even if your organisation has not yet had to handle a shared parental leave request, you should still have a process in place and understand the right.

The aim of shared parental leave is to give parents more flexibility over how they share childcare between them during the first year of their child's life. They can take it in turns to have periods of leave to care for the child, and/or take leave at the same time as each other.

There are complex rules on eligibility for shared parental leave and pay and on the notice that employees must give. Whether or not your organisation has to agree to the leave pattern requested is also not straightforward.

Beyond the requirements of the shared parental leave legislation itself, a number of sex discrimination claims have been brought relating to policies of paying enhanced maternity pay but only statutory shared parental pay. The Employment Appeal Tribunal, in Capita Customer Management Ltd v Ali and another EAT/0161/17, has held that one such policy was not discriminatory, but this an area on which employers may want to keep a watchful eye.

Susie Munro, senior employment law editor

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HR and legal information and guidance relating to shared parental leave and shared parental pay.