Employees taking Shared Parental Leave (SPL) are entitled to be paid whilst on leave.
The pay is called Statutory Shared Parental Pay (SSPP).
In order to qualify for SSPP the mother must be entitled to Statutory Maternity Pay. If the mother only qualifies for Maternity Allowance then the person sharing the SPL can get paid but the
mother cannot claim SSPP.
The rate of pay is the lesser of:
Some employers may pay more than this if they have a specific policy.
The period of SSPP is created from the mother cutting short her period of SMP. This is called curtailment of her right to SMP.
A mother normally has 39 weeks of SMP which can be paid from 11 weeks before the expected birth of the child. The latest SMP can start is the day after the birth of the child.
To create SSPP the mother must give a formal notice to her employer. The date of curtailment in the notice must be:
These rules mean that 37 weeks is the most SSPP that can be created.
The least SSP that can be created is one week.
The amount of SSPP available to the mother's partner is therefore 37 weeks less the period of pay the mother wishes to keep.
The SMP cannot automatically be transferred to SSPP on the mothers return to work so the formal notice must be served otherwise the partner will not be able to claim SSPP. A notice can be served after the mother returns to work in which case the curtailment date will be the end of the week in which the notice is given.
There is a useful calculator to calculate leave, pay and key dates at: