Shared Parental Leave FAQs
When it comes to SPL, there are a LOT of frequently asked questions!
To help make it easier for you to navigate, we've compiled an extensive list of the most common queries below.
MOST COMMON SPL QUESTIONS
I'm already on maternity/adoption leave. Am I too late to apply?
You can still apply for SPL even if you've already started leave!
As long as you still have time to utilise it, you're fine to apply - SPL paperwork doesn't need to be submitted until 8 weeks before the first holiday you 'return' for.
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Does it matter which day I start Maternity/Adoption Leave on?
Sometimes the day you start maternity leave can't be helped, for example if you’re due during a holiday and want to wait until baby is born before it starts, or you have a pregnancy related illness after 36 weeks and maternity leave is triggered automatically, or your baby arrives earlier than planned, but if it’s possible to choose your start date then we always recommend it starting on a Monday to ensure your returns do not fall during term time.
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N.B. If the start date is out of your hands, it’s not a problem if it starts mid-week because in your SPL plan we will correct your weeks to start Mondays after your first return to avoid you having to go into school. More about this in the next question!
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What happens if I start Maternity/Adoption Leave mid-week?
If you start your leave on a Tuesday/ Wednesday/Thursday/Friday, then we must use the first holiday to correct the weeks to start on a Monday. When taking SPL all blocks must be in whole weeks, so if maternity leave started on a Wednesday, you have to stay on it until the end of a Tuesday. The return to work period doesn’t have to be in whole weeks, so we can use this to start weeks from a Monday going forward. Weeks starting on a Monday avoids your return period clashing with school term times and you having to go in.
My baby is due during a holiday. Can I start Maternity leave once school is open again?
By law, the latest maternity leave can start is the day after birth. This applies to everyone, including school staff, even if they’re not actively ‘at work’ on the day.
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Should I spread my occupational Maternity/Adoption pay?
We advise that you take your occupational pay as it falls, which for most teachers is:
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4 weeks at 100%
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2 weeks at 90%
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12 weeks at 50%+SMP
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21 weeks at SMP
Some schools offer to equalise (spread) the occupational pay over 33 weeks; however this is not recommended with SPL because the majority schools do not offer to enhance shared parental pay and therefore you would lose it once you start SPL. For example, if you were to spread your pay and then curtail your maternity leave at 20 weeks, you would lose 13 weeks of occupational pay!
I work in an independent/private school. Can I use SPL?
Yes, SPL works the same in all schools.
I don’t know if my school has an SPL policy. Does it matter?
Yes - we would highly recommend that you check whether they have their own SPL policy and forms so that we can see if they offer enhanced shared parental pay and ensure your paperwork is filled in correctly.
My school haven’t published all the school term dates which cover my leave. Will this be a problem?
To draft your plan, we can provisionally work with the current term dates or the council term dates and then confirm the dates once you have them.
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​Can I use SPL if I don't plan to return to my job?
Yes, you can. To avoid paying occupational maternity pay back, you can opt for statutory maternity pay only.
I found out about SPL late in my Maternity/Adoption leave and can only return for 1/2/3 weeks of holiday.
Is it still worth applying?
If you've almost used up your SMP or you earn more than £187.18 per week on your normal contracted salary then it is definitely worth it!
Can SPL be backdated or can I apply retrospectively?
No. It is a legal requirement that you submit your SPL notices with at least 8 weeks’ notice of the date you want to return and be paid for, so you cannot apply after the notice period has passed.
Do both parents have to take SPL?​
SPL can be taken in three ways; both parents take leave, just the mother takes SPL or just the father takes SPL (Mum remains on maternity leave). To clarify, the father does not have to take a single day of SPL in order for the mother to. The easiest way to convince an employer who doesn't believe this is to show them the government’s own advice on applying:
https://www.gov.uk/shared-parental-leave-and-pay/applying-for-leave-and-pay ​
If you click on the link to the forms on this page and then download them the first thing you see is this table which clearly shows the three ways in which leave can be taken:
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​​If I 'return to work' for the holidays does my partner also have to take the time off?
​No, SPL can just be taken by the mother. ​To further clarify, both parents have a legal entitlement to take three blocks of SPL. These blocks can be taken at any time (for the mother after curtailing mat leave, for the father any time after the mother has given notice to curtail, so a father can take SPL whilst the mother remains on maternity leave if he wishes to).
The only condition is that between you and your partner, you cannot take more than 52 weeks of maternity and shared parental leave combined (the 2 weeks paternity leave does not apply here).
Will SPL affect my partners salary?
No, not unless they themselves are opting to book SPL. Your partners work will not receive any paperwork, their pay will not be impacted at all.
Does my partner have to submit forms to their employer?
No, not unless they take leave themselves. They must sign the declaration on your forms though to say that they meet the criteria for you to take leave.
My partner is not taking any SPL. Do I need to include their details in my application?
Yes. If your application form includes sections to input your partner’s details or a declaration then these must be completed to show your employer that your partner meets the requirements and agrees to you taking SPL, if though they aren’t taking any.
Can I apply for SPL if my partner is self-employed?
Yes, you can take SPL by yourself, but your partner would not be eligible to take any leave. Your partner would need to meet the following criteria for you to take SPL:
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have been working for at least 26 weeks out of the 66 weeks before the week the baby’s due (the 26 weeks do not need to be in a row)
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have earned at least £390 in total in 13 of the 66 weeks (add up the highest paying weeks - they do not need to be in a row)
I am not in a relationship with the child’s father anymore, but we do share parental responsibility.
Can I use SPL?
Yes, as long as you both meet the SPL eligibility criteria. Even if you are no longer in a romantic relationship and are not living together, if the father still has shared parental responsibility then they can still be classed as a 'partner' in this for SPL purposes. If applicable to your schools version of SPL paperwork, the father’s details must to be included in the partner declaration section of your SPL paperwork which you will send to your employer.
I am a solo parent and the child’s father does not share responsibility for the child.
Can I use SPL?
No. To be eligible for SPL, there needs to be a mother/primary adopter and a partner (the child's father, spouse, civil partner, or a partner living in an enduring family relationship). We don’t think this is fair, but unfortunately it is a legal requirement.​
COMMON QUESTIONS ABOUT
SPL & YOUR PARTNER
COMMON QUESTIONS ABOUT
PLANNING & APPLYING FOR SPL
Can I start SPL before my occupational Maternity/Adoption pay ends?
Nearly all schools offer SPL at the statutory rate, which is in line with SMP. As part of the planning process, we check your policy for this, and if your school doesn't have a policy this is definitely the case. This means that if you return before your occupational pay is used up, any not used would be wasted because after the holiday you return for, you’d be on statutory pay only.
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If your school does offer to enhance shared parental pay in line with occupational maternity pay, then we would consider whether returning during your occupational pay period would be more beneficial for you and include it in your plan if so.
We always plan your leave for maximum financial benefit and will have carefully considered the best point for you to swap to SPL.
Can I take longer off work with SPL than with Maternity Leave?
With both maternity leave and SPL there are 52 weeks of leave available, however the difference is that when using SPL, the weeks you ‘return to work’ do not count towards this, therefore the number of leave weeks pause during the holidays you return for and then continue once the return has ended. This means that with SPL, the 52 weeks ‘push down’ to effectively extend your leave.
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Example: If you returned for Easter (2 weeks), May HT (1 week) and the Summer holidays (6 weeks), then your SPL would technically be extended by 9 weeks, because you cannot be at work and on leave simultaneously.
SPL is available for 52 weeks up to your child’s 1st Birthday, so as long as you give the required notice and meet both of these conditions, your previous expected maternity return date is irrelevant.
Can my work say no to this?
No, there are ways that you can apply for SPL that an employer can refuse, however, by signing up for support from Teacher’s SPL, we will always ensure that your application falls within your minimum statutory entitlement and cannot be refused. This is done by using up to 3 of your entitled notices to book single blocks of SPL (everyone is entitled to 3, so 3 blocks maximum). This doesn’t mean they won’t say no, they may not be up to speed with SPL - but if they push back, just ask for their response via email and send it onto the member of our team who drafted your plan and paperwork and they'll be happy to support you with responding to your employer and ensuring your leave is granted.
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Continuous shared parental leave is a series of consecutive weeks over a single unbroken period. You can use up to 3 notices to take continuous leave. Your employer is not entitled to refuse a notice to take continuous leave. https://neu.org.uk/advice/your-rights-work/family-rights/shared-parental-leave-and-pay
What happens if you’ve done my plan and forms and then my Maternity/Adoption leave starts earlier?
This happens often and is not a problem, just let your allocated Teacher’s SPL team member know and they can amend your plan and re-do the forms for you. This would incur a £12 admin fee, so if you would rather wait until your maternity leave starts before we draft your paperwork that is absolutely fine – we can just create a plan for you initially if you prefer, and then finalise it once you’re on maternity leave.
Do I have to decide my final return date now?
No, you can submit your first blocks now and keep the third (or final) block back until you have made a decision. If it is a third block once submitted it is binding and any decision to move that date back or forward will be at your head’s discretion. You have until 8 weeks before the third block starts to decide and submit it to school.
How does Neonatal Leave work with SPL?
The Neonatal Leave and Pay act applies to all babies born on or after 6th April 2025.
If a baby requires time in NICU within 28 days of birth (be that due to them being premature or for other medical reasons) the parents may both qualify for neonatal leave and pay. To qualify the baby must go in for a continuous period of 7 days, and the clock starts from the day after they are admitted. Every 7 continuous days in NICU equates to a week of leave and pay for each parent - up to a maximum of 12. (Neonatal pay is the same rate of SMP/SHPP which is £187.18 per week as of April 2025).
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Parents can take the leave immediately - particularly useful for fathers, who can add it on to paternity leave. Or they can opt to take it later, after maternity leave / SPL - they need to give 15 days written notice that they will take it, and they must take it in one block if it is taken later in the year.
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Useful info here: https://workingfamilies.org.uk/articles/neonatal-leave-and-pay/
Typically, we advise the mother to take it at the end of SPL - either to extend her leave further, or to swap any unpaid weeks of SPL at the end for any accrued weeks of neonatal leave/ pay.
COMMON QUESTIONS ONCE SPL HAS BEGUN
Can my school ask me to work during my paid return to work periods?
No, school cannot ask you to do anything in the holidays that you wouldn’t normally do. They must treat you the same as staff in the same role as you. This may mean that if you are SLT you are expected to attend results day. As a classroom teacher though you could not be asked to come in and do any work unless all other staff are being asked to do it too.
If it’s voluntary for them, it’s voluntary for you. The Unions are 100% supportive of this, to treat you differently during the holidays to other staff, on the basis that you are between blocks of leave, is discrimination.
Do I still accrue annual leave on SPL?
In England, Wales and Northern Ireland, the salary calculation for teaching staff includes proportionate annual leave entitlement and there is no entitlement to annual leave except during school closure periods.
Your accrued annual leave entitlement will be offset by any period of school closure that occurs in the leave year before and after your SPL and school’s say that usually, there will be sufficient time within the school closure periods to accommodate the outstanding annual leave entitlement that you have accrued during the SPL period, so there would be no extra annual leave or pay on top of your holiday return periods during SPL.
How does this work with KIT/ SPLIT days?
You still have 10 KIT days which can only be taken during the initial maternity period. The good news is that once you're on SPL, you get an additional 20 SPLIT days (Shared Parental Leave In Touch days).
These work on the same basis as KIT days, in that both you and your employer have to agree to them. SPLIT days are paid, but what that pay is will be set by your employer and we advise checking your schools SPL policy or asking HR whether this is a set daily rate, or if it's based on your salary, and if so, how it is calculated, and if it is paid on top of your statutory pay (good) or offset by it (not so good, as a £200 day could earn you just £16 extra if they offset the £184 statutory for example.)
Does money earned during return periods need to be paid back if I resign?
No, the pay you receive over the holidays is just ordinary salary, and there is no requirement to pay it back. You would only be liable to pay back any occupational maternity pay you received, as per your school’s Maternity Policy or the Burgundy Book.
If you received occupational pay, most policies say you must return to work for at least 13 weeks, or the equivalent, following your shared parental leave to retain your contractual half pay.
Should your employer agree to you returning to your teaching role on a part time basis, the period must equate to 13 weeks full time service. Similarly, where the employer agrees, a part-time teacher may return to work on different part-time basis for a period which equates to 13 weeks part-time service under the previous contract.
How do Government Funded Childcare Hours work with SPL?
The government funded childcare hours aren't our area of expertise, however we had a client who said that because of the return periods during her SPL, she was able to exceed the income required to trigger eligibility. So it seems that it doesn't really matter when you return to be eligible as long as you get the minimum income limit of £800 each month. We highly recommend checking with HMRC to be sure though.