As Labour continues its review of parental leave and pay, legal experts are calling attention to the persistent challenges facing both families and employers — especially around the implementation of Shared Parental Leave (SPL).

Rebecca Hughes, Associate in the Employment Team at Birketts LLP, shares her perspective, highlighting the ongoing complexity of SPL and its impact on workplace policies and practices.

“Parental leave entitlements, particularly Shared Parental Leave, appear to present challenges for employers,” said Hughes. “While the intention behind SPL is to offer flexibility and support for working families, the practical implementation can prove complex.”

Introduced in 2015, SPL allows parents to share up to 50 weeks of leave and up to 37 weeks of pay after the birth or adoption of a child. But the mechanics of how that leave is divided between two employers, especially when only one parent needs to be employed to trigger entitlement, continues to create confusion.

“Although only one parent needs to be employed by the organisation to trigger SPL, both parents can take leave from their respective employers,” Hughes explained. “This requires coordination and understanding of entitlements.”

While many organisations have made efforts to create internal policies to clarify SPL rules, Hughes cautioned that these aren’t always easily interpreted by employees, potentially preventing full use of the entitlements available to them.

“These policies are not always easily understood by employees, which could lead to requests for clarification or even the rights not being fully exercised.”

As Labour’s review of parental leave and pay unfolds, Hughes is hopeful that policymakers will carefully consider the needs of both sides: working parents seeking flexibility and employers seeking clarity.

“Hopefully, the review will be balanced and informed,” she said, “thoughtfully considering the needs of working parents, the practical challenges faced by employers, and the broader economic context.”

With employee expectations evolving rapidly and workforce demographics shifting, clarity around parental leave, particularly SPL, will be increasingly vital for ensuring fair, inclusive, and effective workplace policies.