The aim of shared parental leave is to enable both parents (or the mother’s partner) to have time off after their child is born without actually increasing the overall amount of leave that may be taken.

To be eligible for shared parental leave, the mother must:

• Have employee status;
• Be continuously employed with her employer for the 26 week period ending with the week immediately preceding the 14th week before the expected week of child birth;
• Remain in employment with her employer until the week before any period of shared parental leave;
• Have the main responsibility for care of the child;
• Be entitled to statutory maternity leave; and
• Have curtailed her statutory maternity leave or returned to work prior to the end of her statutory maternity leave.

The father or partner must also meet the following conditions:

• Have average weekly earnings not less than the maternity allowance threshold (£30) in the tax year preceding the expected week of childbirth; and
• Be earning as an “employed earner” or a "self-employed earner” during some part of 26 of the 66 weeks preceding the week of childbirth.

The mother must serve a curtailment notice on her employer before the father/partner can take shared parental leave, but the mother does not actually need to have ended her maternity leave. Therefore, the father or partner can take shared parental leave while the mother is still on statutory maternity leave, provided that the mother has informed her employer (via a curtailment notice) of when her statutory maternity leave will come to an early end.