I am an agency worker. Can i take shared parental leave?

No. Only employees can take shared parental leave (SPL). However, if you qualify for statutory maternity, adoption or paternity pay and have an employed partner, your employed partner will be able to take SPL if they have at least 26 weeks' service, as long as you satisfy the 'employment and earnings' test.

The 'employment and earnings' test requires you, the agency worker, to have

  • Worked in Great Britain for at least 26 of the 66 weeks up to the due date of birth (or placement for an adoption); and
  • Earned not less than £30 a week on average in 13 of those weeks.
Note: This content is provided as general background information and should not be taken as legal advice or financial advice for your particular situation. Make sure to get individual advice on your case from your union, a source on our free help page or an independent financial advisor before taking any action.

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