Shared parental leave: everything teachers need to know
Shared parental leave gives teachers more flexibility when caring for their child in their first year. Here we explain exactly what it means and how you can make the most of it
If you are pregnant or planning a family, you are probably thinking of taking some maternity or paternity leave. If you are currently teaching and your partner is also working, you may qualify to share that leave between you; this is known as shared parental leave (SPL).
Prior to SPL being introduced in 2015, one parent (usually the mother) would take the entire allocation of leave.
SPL allows both parents to take time off to spend with their child and have time as a family. It also enables parents to be flexible: they can decide who takes time off and when, giving both the freedom to return to work if they wish.
This guide aims to help teachers navigate the process of qualifying and applying for SPL.
What is shared parental leave?
Working couples are entitled to a period of leave from work following the birth of their child. SPL can replace traditional maternity or paternity leave and up to 50 weeks of leave can be taken between a couple during the child’s first year. A couple can also share an allocation of 37 weeks of pay.
Birth parents, adoptive parents, partners with caring responsibilities for the child and parents using a surrogate can all qualify for SPL.
You or your partner must qualify for maternity pay and/or leave, adoption pay and/or leave or maternity allowance. You must also:
Have been continuously employed by the same school or employer for at least 26 weeks by the end of the 15th week before due date (or the date you are matched with your child)
Stay with the same school or employer while taking SPL.
For the 66 weeks before the week the baby is due (or matched with you), your partner must:
Have been working for at least 26 weeks (these do not have to be in a row).
Have earned at least £390 in total in 13 of the 66 weeks (add up the highest paying weeks - these do not need to be in a row).
Your partner does not have to be working at the date of birth or when you start SPL.
You are entitled to up to 50 weeks of SPL and 37 weeks of statutory shared parental pay (ShPP). This will replace any statutory maternity or paternity pay and leave.
Statutory shared parental pay (ShPP) is paid at a rate of £184.03 a week or 90 per cent of your average weekly earnings, whichever is lower.
Statutory maternity pay (SMP) is paid at the same rate except the first 6 weeks - that is paid at 90 per cent of whatever you earn (with no maximum).
For example, someone earning £200 a week, opting to take SMP, will be paid £180 (90 per cent of salary) per week for the first 6 weeks of maternity leave, then £184.03 for the remainder of their maternity leave.
If they switched to SPL, they would still be paid £184.03 a week (for up to 37 weeks).
For this reason, most parents will take SMP for at least the first 6 weeks of parenthood, switching to ShPP when the rate drops.
Some schools may offer an enhanced rate of ShPP. Check with your school if this is the case.
When can I start shared parental leave?
Following a birth or adoption, the mother or person claiming adoption must take a compulsory two weeks of maternity or adoption leave.
To start SPL and ShPP, the parent receiving maternity or adoption leave must end this by either returning to work or giving “binding notice” of the end date.
You can start SPL and ShPP while on maternity leave if you have given your school notice.
How should I notify my school?
You must give your employer at least eight weeks of notice, in writing, of your decision to end maternity leave/pay and take up SPL and/or ShPP.
This is a “binding notice” and cannot normally be changed.
Do I have to take my leave in one go?
You can book up to three separate blocks of SPL - it does not have to be all in one go. If your partner is also eligible, you can take up to three blocks of leave each. You can take leave at different times or both at the same time.
For example, you can take six straight weeks of SPL (a continuous block) or three weeks of SPL, three weeks at work then another three weeks of SPL (a discontinuous block).
Schools cannot refuse a request for a continuous block but can refuse a request for a discontinuous block. A discontinuous block automatically becomes continuous unless you withdraw the request.
You must tell your employer about your plans for leave when you apply. You can change these plans later, as long as eight weeks’ notice is still given.
How can I make the most of it?
Teachers can end maternity leave in favour of SPL and combine SPL with the school holidays to maximise their pay. Here are some examples:
Teacher A has taken 22 weeks of statutory maternity leave and pay. They and their partner would then be entitled to 30 weeks of SPL and 17 weeks of ShPP (taking into account the compulsory two weeks of maternity leave).
Teacher B ends maternity leave two weeks after their child is born but doesn’t plan to begin SPL until 1 September. This means Teacher B “returns to work” for the summer holidays and receives full pay.
They then take a block of SPL that covers the autumn term, “returning to work” and receiving full pay over the Christmas holidays.
This has meant Teacher B has maximised pay but still has the time off they need to care for themselves and their child.
What problems might I encounter?
SPL was only introduced in 2015 and is still relatively new. Schools and employers may not be aware or correctly informed of SPL. If possible, try to give as much notice of your intention to use SPL to account for any delays.
Employers cannot refuse applications for three blocks of SPL if each block is requested on its own separate form.
