SPL is available to eligible parents in relation to children whose expected week of childbirth began on or after 5 April 2015 and children placed for adoption on or after that date. SPL is separate from, and does not reduce, an employee’s entitlement to ordinary unpaid parental leave.

SPL is governed principally by sections 75E–75K of the Employment Rights Act 1996 and the Shared Parental Leave Regulations 2014 (SI 2014/3050). Statutory Shared Parental Pay is governed separately by social-security legislation.

Subject to the statutory eligibility, curtailment and notice requirements, eligible parents may share the balance of up to 50 weeks’ leave and up to 37 weeks’ statutory pay after the mother or primary adopter brings the relevant maternity or adoption leave or pay entitlement to an early end. These are maximum combined amounts available between the parents; the actual balance depends on the maternity or adoption leave and pay already used.

Unlike statutory paternity leave and ordinary unpaid parental leave, SPL is not a day-one right. It remains subject to detailed requirements concerning employment status, continuity of employment, the other parent’s employment and earnings, responsibility for the child’s care, curtailment, notices, declarations and supporting evidence. From 6 April 2026, statutory paternity leave and pay may be taken either before or after SPL and Statutory Shared Parental Pay.

An eligible mother or primary adopter may take up to 52 weeks’ statutory maternity or adoption leave. Subject to the statutory eligibility, curtailment, notice and evidential requirements, the mother or primary adopter may bring that leave to an end early so that the remaining balance—ordinarily up to 50 weeks—becomes available as shared parental leave (“SPL”). The available SPL may be shared between the mother or primary adopter and the child’s father or the mother’s or adopter’s spouse, civil partner or qualifying partner (“the other parent”).

For these purposes, a qualifying partner is generally a person, whether of the same or a different sex, who lives with the mother or adopter and the child in an enduring family relationship and is not a specified relative. Both parents must satisfy the statutory eligibility requirements, including the applicable employment, earnings, caring-responsibility and notice conditions.

A birth mother must take the compulsory maternity leave period following childbirth, ordinarily two weeks. A primary adopter must ordinarily take at least two weeks’ adoption leave before the remaining entitlement can be made available as SPL, although this is not “compulsory leave” in the same legal sense as compulsory maternity leave.

An eligible other parent may also take up to two weeks’ statutory paternity leave. With effect from 6 April 2026, paternity leave and SPL may be taken in either order. Taking SPL first no longer causes the other parent to lose any untaken statutory paternity leave, provided that all other eligibility, timing and notice requirements are satisfied.

Employees are entitled under section 57A of the Employment Rights Act 1996 to take a reasonable amount of unpaid time off during working hours where necessary to deal with specified emergencies involving a dependant. Employees must notify the firm of the reason for the absence as soon as reasonably practicable and, where practicable, state how long they expect to be absent. The entitlement is intended to address the immediate emergency and, where necessary, arrange longer-term care; it does not ordinarily cover prolonged or planned caring responsibilities. Contractual or discretionary paid leave may be available under the firm’s applicable policies.

Parental Bereavement Leave is governed principally by sections 80EA–80EE of the Employment Rights Act 1996 and the Parental Bereavement Leave Regulations 2020. Statutory Parental Bereavement Pay is governed principally by Part 12ZD of the Social Security Contributions and Benefits Act 1992 and the Statutory Parental Bereavement Pay (General) Regulations 2020.

Eligible employees may take up to two weeks’ parental bereavement leave following the death of a child under 18 or a stillbirth after 24 completed weeks of pregnancy.

Leave is a day-one employment right, but statutory pay remains subject to separate service, earnings, notice and relationship requirements.

Statutory Parental Bereavement Pay

SPBP is separate from the day-one right to leave. To qualify, the employee must ordinarily:

• satisfy the prescribed relationship condition;
• have been continuously employed by the relevant employer for at least 26 weeks ending with the relevant week;
• remain in that employment through the relevant statutory period;
• have average weekly earnings at least equal to the applicable Lower Earnings Limit; and give the required notice and declaration or evidence.
• An employee may therefore qualify for PBL but not SPBP.

SPBP is available for a maximum of two weeks. Subject to the statutory requirements, it may be paid for:

• one week;
• two consecutive weeks; or
• two separate weeks.

It is payable at the prescribed statutory weekly rate or 90% of the employee’s average weekly earnings, whichever is lower. The prescribed flat rate is subject to annual uprating, so payroll should apply the rate in force for the relevant payment week.

SPBP must generally be treated through payroll in the same way as other statutory family payments, with income tax and employee National Insurance deducted where applicable.

The broader bereavement-leave framework introduced by section 18 of the Employment Rights Act 2025 is not yet substantively operative and is expected to be implemented by further regulations in 2027

Stillbirth and pregnancy loss

The present distinction is important:

• Stillbirth after 24 completed weeks: the qualifying parent may obtain PBL and, if the separate conditions are met, SPBP.
• Miscarriage or other pregnancy loss before 24 weeks: there is presently no entitlement under the existing parental bereavement leave and pay regime merely because of that loss.
• Other rights may nevertheless apply, including sickness absence and pay, time off for dependants, contractual compassionate leave, or maternity rights where a child was born alive.

The Carer’s Leave Act 2023 and the Carer’s Leave Regulations 2024 provide eligible employees with a statutory right to take unpaid leave to provide or arrange care for a dependant with a long-term care need.

A dependant has a long-term care need where they:

• have a physical or mental illness or injury that requires, or is likely to require, care for more than three months;

• have a disability for the purposes of the Equality Act 2010; or

• require care for a reason connected with old age.

A dependant includes an employee’s spouse, civil partner, child or parent; a person who lives in the employee’s household other than as a boarder, employee, lodger or tenant; or a person who reasonably relies on the employee to provide or arrange care.

The right has applied in England, Wales and Scotland since 6 April 2024 and is available from the first day of employment. An eligible employee may take up to one normal working week of unpaid carer’s leave in any rolling 12-month period. Leave may be taken in minimum units of half a working day, as full working days, on non-consecutive days or as one continuous working week.

The statutory right is unpaid, although the employer may provide paid carer’s leave under the employee’s contract or the employer’s policy. Employees must give the statutory minimum notice, but the employer cannot require evidence of the dependant’s care needs.

A standalone carer’s leave policy is not legally mandatory, but is recommended. Any policy should explain eligibility, the amount and calculation of leave, the request procedure, notice requirements, whether leave will be paid, and the limited circumstances in which requested dates may be postponed.

From 6 April 2024, legislation extended redundancy protection for pregnant employees and certain employees taking, or recently returned from, maternity leave, adoption leave or shared parental leave. The duration of protection depends on the type and length of leave and can extend to 18 months after birth or adoption placement.

Where a protected employee would otherwise be made redundant and a suitable alternative vacancy is available with the employer, its successor or an associated employer, the vacancy must be offered to that employee in priority to employees who do not have statutory priority. The employee should not merely be invited to apply or compete for it. The employer is not required to create a vacancy, and a protected employee may still be selected for redundancy where there is a genuine redundancy situation, a fair process is followed and no suitable alternative vacancy exists.

Failure to comply may render the dismissal automatically unfair and, depending on the circumstances, may also result in a discrimination or statutory detriment claim.