SPL is only available to employees. It is not available to casual and agency workers or self-employed contractors.
Each parent must qualify separately (ie in their own right) for SPL and ShPP. Both parents must share the main responsibility for the care of the child and they must provide the necessary statutory notices.
In order to qualify for statutory SPL and for both parents to share the leave:
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have employee status (ie not worker or self-employed), with
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at least 26 weeks of continuous service with their respective employer(s) at the end of the 15th week before the EWC, or on the date of the adoption placement; and
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still be employed in the week before the SPL is to be taken.
If only one parent meets the above criteria of employment, this parent will qualify for SPL if their partner (ie the other parent):
See further information under the ‘If only one parent eligible’ section.
To check/confirm eligibility, employees are advised to use the government’s online calculator – ‘A family leave and pay calculator’. This calculator enables parents to establish their eligibility to the UK statutory entitlement to maternity, paternity and/or SPL leave and pay. Please note that this is a UK-government calculator and all questions assume employment based in the UK. If one of the parents works and / or lives outside the UK, please see the note below.
NB Non-UK citizens may be entitled to UK statutory family benefits (eg maternity) if they are working or have worked for a UK employer within the qualifying period and/or have paid the UK National Insurance contributions. For further information please go to the Gov.uk website
Separate eligibility criteria apply for Shared Parental Pay.
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