Step by Step Guide to Applying for SPL
The government provides a comprehensive online tool to ascertain your eligibility for both Maternity/Adoption Leave and Shared Parental Leave (SPL). This guidance is applicable to individuals residing in England, Wales, Scotland, and Northern Ireland, and the tool will clarify entitlements for both you and your partner.
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To qualify for Shared Parental Leave, you must have an eligible partner. This is defined as an individual who shares parental responsibility for the child at birth, which includes a spouse, civil partner, or former partner. The critical factor is shared responsibility, not the nature of your current relationship. It is important to note that while an eligible partner is required, it is not mandatory for both parents to take leave; SPL can be exclusively utilised by the mother/main adopter, allowing for leave to be taken in blocks.
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For self-employed partners, they are not eligible to take SPL themselves. However, provided they meet the specified earning and eligibility criteria outlined in the official guidance, you, as the other parent, may still be able to take SPL.
Please use the following link to check your specific eligibility:
https://www.check-shared-parental-leave.service.gov.uk/nature-of-parenthood
CHECK YOUR ELIGIBLITY
CHECK YOUR EMPLOYER'S SPL POLICY
Ask your school for their Shared Parental Leave policy, and check whether ShPP includes any enhanced pay or if it is paid at the rate set by the government (statutory pay) only.
PLANNING YOUR LEAVE
Following your initial period of Maternity/Adoption Leave, you are eligible to take Shared Parental Leave (SPL) in up to three separate blocks.​
You need to determine whether your partner, or the child's father, intends to utilise any portion of the available SPL.
For practical examples of how other teachers have structured sharing their SPL, we recommend reviewing our Case Studies.​
To assist you with planning your SPL and completing the necessary forms, please refer to our step-by-step video:
COMPLETE THE SPL PAPERWORK
Your school or academy may have its own specific paperwork for Shared Parental Leave (SPL) applications. If not, you can use the forms provided by ACAS here.
The precise documentation required will be contingent on whether your partner intends to take leave.
The table below indicates the necessary paperwork:​​​​​​​​
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You are legally entitled to take SPL in up to three separate blocks. If you submit a single application (Form 2) covering all blocks, your employer is permitted to discuss and potentially request reconsideration of any discontinuous leave periods. However, by submitting a separate Form 2 for each of the three blocks of leave you wish to take, your employer cannot refuse your application. Therefore, it is recommended that each block of leave be applied for individually on its own Form 2 to facilitate a smoother approval process and minimise potential discussions regarding your proposed leave structure.
SUBMIT THE PAPERWORK
Your initial SPL paperwork must be submitted a minimum of 8 weeks prior to the date on which you wish to curtail your maternity leave.​
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If you are certain of all planned dates, it is advisable to submit all the notices together. However, if there is any potential for the final block of leave to change (i.e. if you're unsure of when you'll want to return to work), we recommend withholding that specific form. In this instance, set a calendar reminder for 9 weeks before the intended start date of that final block to ensure timely submission.
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Once submitted, the dates on these forms are binding.
All forms should be sent to the HR department or the designated person for Maternity Leave paperwork, with a copy provided to the headteacher.
Should your school or Human Resources department challenge your application or proposed leave structure, it is advisable to request their response in writing as a formal reply to your application. It is important to note that HR departments may not always have full familiarity with SPL, as it is a relatively newer area of parental leave legislation.
If you come across any challenges relating to SPL, our Support Services offer assistance, and ACAS can also provide free, impartial advice via their employee helpline.