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HMRC internal manual

Statutory Payments Manual

Statutory Shared Parental Pay and Leave (ShPP/SPL) - general information: conditions for entitlement to ShPP

Mother or Adopter

To be entitled to receive ShPP for periods of SPL a mother or adopter must

  • Have worked continuously for the employer for at least 26 weeks ending with the end of the 15th week before the expected week of childbirth or the week in which they are matched with the adopted child.
  • Have the main responsibility (apart from their partner’s responsibility) for the care of the child.
  • Have given appropriate notification and evidence to their employer.
  • Have been entitled to SMP or SAP and given their employer notification of the date on which their pay period is to end.
  • Intend to care for the child during each week in which they are paid ShPP.
  • Be absent from work during each week in which they are paid ShPP.
  • Where they are an employee, be absent from work due to SPL for each week in which they are paid ShPP.

The requirement to be absent from work for each week in which they are paid ShPP does not apply where

  • During any part of a pay week they work other than for an employer.
  • During any part of a pay week they work only for an employer who is not liable to pay them ShPP and for whom they worked in the 15th week before the expected week of birth or expected week of placement.
  • During any part of a pay week they work only Shared Parental Leave In Touch (SPLIT) days.

For a mother or adopter to be entitled to receive ShPP it is also necessary that their partner

  • Satisfies the employment and earnings test.
  • Has the main responsibility (apart from the mother or adopter) for the care of the child.

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Partner of Mother or Adopter

The conditions for the partner of a mother or adopter to be eligible for ShPP are the same as those shown above for the mother or adopter, with the obvious exception that the partner does not have to be entitled to SMP or SAP.

For the partner to be eligible for ShPP it is also necessary that the mother or adopter

  • Satisfies the employment and earnings test.
  • Has the main responsibility (apart from the partner) for the care of the child.
  • Is entitled to SMP, SAP or MA and has given notice of the day on which her pay or allowance period is to end.