Navigating School Understanding
It's not uncommon for schools to be unaware of, or misinformed about, Shared Parental Leave (SPL).This guidance aims to support you if you encounter challenges with your application.​Rest assured, every woman who has faced pushback with their SPL application has ultimately secured the leave they were legally entitled to. You've got this!
UNDERSTANDING YOUR RIGHTS
​​When you first discuss SPL with your school, it can be helpful to direct them to the ACAS website. Many schools also consult ACAS for advice.
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The ACAS page specifically states that applications for up to three separate blocks of continuous leave cannot be refused.
ACAS: Taking Shared Parental Leave and Pay
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Employers cannot refuse applications for three blocks of SPL if each block is requested on its own separate form (either Government Form 2 or your school's equivalent). The only legal basis for refusing SPL requested in up to three blocks is if you do not meet the general eligibility criteria for SPL.
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Your school may request a meeting to discuss your application within the 15-day response window. These meetings can be useful for clarification. Here's what to remember:
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You don't have to attend alone. You can bring your partner, a colleague, or a union representative.
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You are not obliged to attend at all. Your application cannot be legally refused on this basis.
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You don't have to agree to anything in the meeting. It's perfectly fine to thank them for their input, state you'll discuss it with your partner, and respond later. This avoids feeling pressured into an immediate decision.
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Should your employer mistakenly refuse your leave (which is often resolved before a formal refusal once they seek advice), you may wish to send a formal response. Please feel free to adapt the following letter to your specific circumstances:
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ATTENDING A MEETING ABOUT YOUR APPLICATION
WHAT TO DO IF YOUR LEAVE IS REFUSED
SAMPLE LETTER
Subject: Review of Shared Parental Leave Application​
Dear Mr./Ms. [Surname],
Thank you for your response regarding my application for Shared Parental Leave.
​My application was submitted after thorough research into SPL eligibility and the structure of leave periods. I have carefully considered both the needs of the school and the needs of my family during this period of maternity leave. Shared Parental Leave is becoming increasingly common among teachers, providing parity with other professions that can incorporate accrued holiday into maternity leave in a way teachers cannot.​
Both the gov.uk and ACAS websites clearly state that each parent can make up to three separate applications for blocks of SPL. If each application is made individually (meaning the leave is considered three blocks of continuous leave rather than discontinuous leave), the only legal ground for refusal is if the parent does not meet the initial eligibility criteria.​Therefore, I respectfully request that your decision be reviewed, as I believe it to be unlawful, even if unintentionally so.
The law is clear that if a refusal is not based on eligibility, the refusal itself is invalid, and the leave must be granted as requested.
​I would be grateful for a response in writing.​
Yours sincerely,
[Your Name]