Is a female employee entitled to be on statutory maternity leave while her partner is also on shared parental leave?

Posted in : First Tuesday Q&A NI on 3 July 2018
Chris Fullerton
Arthur Cox NI
Issues covered:

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

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Back to Q&A's This article is correct at 03/07/2018

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Chris Fullerton
Arthur Cox NI

The main content of this article was provided by Chris Fullerton. Contact telephone number is 028 9023 0007 or email

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