Parental leave

Two UK entitlements with similar names

Shared Parental Leave (SPL) comes out of maternity or adoption leave. When an eligible parent ends that leave early, the rest of the 52 weeks, up to 50, can be shared between the parents. The GOV.UK employer guide puts the combined pool at 50 weeks of leave and 37 weeks of Statutory Shared Parental Pay. GOV.UK notes that SPL and Statutory Shared Parental Pay are only available in England, Scotland and Wales.

Unpaid parental leave is a different right. GOV.UK sets it at 18 weeks per child up to the child’s 18th birthday, normally capped at 4 weeks a year per child and taken in whole weeks unless you agree otherwise. Keep them apart in written policies and in replies to employees: the notice rules and the refusal rights differ.

What you check when an SPL notice arrives

An employee qualifies for SPL with you after 26 weeks of continuous employment by the 15th week before the due date, among other conditions. Their partner has to meet a separate employment and earnings test, which the employee confirms in a declaration.

The notice, evidence and refusal rules above come from the GOV.UK pages on starting SPL and blocks of leave. For unpaid parental leave, employees give 21 days’ notice. You can postpone it only for a significant business reason, in writing within 7 days and to a new start no more than 6 months later. You cannot postpone leave a father or partner takes straight after the birth or adoption.

Outside the UK, the same word means something else

German Elternzeit runs until the child’s third birthday, with up to 24 months usable later, under § 15 BEEG. In France, the congé parental d’éducation requires one year of service and the employer cannot refuse it. Spain’s permiso parental under article 48 bis of the Workers’ Statute is up to 8 weeks, usable until the child turns eight.

A group policy that says “parental leave: 16 weeks” therefore does not match the statutory scheme in any of these four countries. Write each country’s statutory entitlement separately from what your company adds on top.

Saying it in a job ad

Every eligible employee already has the statutory minimum, so listing it does not set a role apart. What candidates can compare is the part you pay for: enhanced pay during leave, a phased return or a fixed number of weeks above the statutory pay period. State the length and conditions, and leave out assumptions about who in a household will take the leave.