Shared parental leave scenarios
Shared parental leave enables two parents to share the entitlement to statutory leave and pay and the NHS offers enhanced occupational pay for shared parental leave. This can be a great way for parents to share leave and pay to care for their child.
Shared parental leave can be complex to arrange and ensure the benefits are fully used. This page sets out how different circumstances of an eligible couple can impact the available leave and pay for two parents, in particular the enhanced occupational pay. It should be used in conjunction with the NHS Terms and Conditions of Service (TCS) Handbook Section 15 – leave and pay for new parents and our existing guidance and scenarios.
Things to consider:
- Section 15.62 sets out that any family leave and pay taken by either parent (regardless of whether one or both work for the NHS), proportionately reduces the total entitlement to the NHS occupational shared parental pay scheme.
- The timing and order of leave planned/taken can therefore impact the take home entitlement to occupational pay. As a couple you will need to decide the most beneficial option for you.
- Shared parental leave is a shared entitlement, a maximum of 50 weeks leave and 37 weeks statutory pay can be shared between two parents and the handbook is clear that that only one entitlement to occupational shared parental leave pay will be paid to one eligible couple, regardless of whether one or both work for the NHS (Section 15.63).
- It should also be noted that payment rates for occupational adoption pay are the same as occupational maternity pay (see Section 15, England & Wales).
The scenarios below assume the following:
- Both parents meet the statutory leave and pay eligibility requirements for shared parental leave (and other relevant types of family leave set out).
- Any NHS parent meets the eligibility requirements for occupational shared parental leave and pay (and other relevant types of family leave set out), as outlined at paragraph 15.17 of the NHS TCS Handbook.
Scenario 1
Scenario 1 is based on two NHS employees that are adopting a baby.
There are two different scenarios (1a and 1b) which show how shared parental leave can be split between the parents.
Scenario 2
This demonstrates how shared parental leave can be applied for a couple having a baby when the the father works for the NHS and the mother works in the private sector.
Scenario 3
This scenario demonstrates how a couple having a baby via surrogacy could apply shared parental leave.
Scenario 4
Scenario 4 is based on two NHS employees who are expecting a baby.
There are two different scenarios (4a and 4b) which show how shared parental leave can be split between the parents.
NHS Terms and Conditions of Service (TCS) Resource Hub
Please note, the content on this web page can now be found on the NHS TCS Resource Hub, which has resources and guidance to assist employers in understanding and applying the NHS TCS Handbook and NHS Job Evaluation Handbook.
