Question about shared paternal leave

[greatbigmess]

I have question, I dont understand any of the websites I've read! I'm self employed, i pay class one and 2 NICs. My husband is a teacher and has been at the same school for 12 years.

When our baby is 5 weeks old we would like to take 2 weeks off together to care for the baby. 5 weeks is when my father returns for living abroad.

What's the best way to go about that? Thanks!

[MummyBex1985]

If you're self employed then you aren't entitled to shared parental leave. But you can take as much unpaid leave as you want.

Your DH can take paternity leave.

[MummyBex1985]

Or he could take annual leave.

[Junosmum]

Mummybox- he's a teacher, they don't get annual leave.

Op- there's a .gov website which has a mat leave calculator on it which may help you.

[saivartelija]

Your DH could/should also be legally eligible for shared parental leave, in addition to standard Paternity Leave and his legal entitlement to Unpaid Parental Leave. You would need to double check he is eligible for shared parental leave (SPL), but my understanding is that his entitlement to SPL is totally independent of your entitlements. So because he is employed, he can take SPL. If he is eligible, his employer can't prevent him taking at least one block of SPL if he requests it.

He would need to request SPL at least 8 weeks before taking it, I think, but the sooner the better.

(This SPL scheme is really new, so I may not be right in everything I said, but this is what I think would apply...Hope I haven't just confused you more!)

Do an Internet search for shared parental leave, and the best references are the .gov site for SPL and the ACAS site.

[saivartelija]

Oo, in addition to your DH being employed, I think that in order for him to be eligible for SPL, you need to have been employed for at least 26 weeks out of 66 before the baby is due, and you need to have earned at least £30 a week for 13 of those weeks. That seems to be what the ACAS site says...

[saivartelija]

But when it says employed, I think it includes if you are self - employed...

[RooibosTeaAgain]

No idea about SPL but he could take unpaid parental leave ( allowed I think up to 4 weeks a year with a maximum number of weeks in total - think either 13/18 from memory - so cannot have 4 weeks a year every year!)
However main issue is it is without pay and the notice period you have to give - how old is your baby or is not yet born?

[RooibosTeaAgain]

Just looked up Gov site - says 21 days notice if that helps and up to 18 weeks leave.

[NoArmaniNoPunani]

I'm self employed, you can take shared parental leave. DH and I are taking four months each. I'm not sure how it works if you want to take leave at the same time though.

[greatbigmess]

Thanks everyone it's confusing isn't it, I've read ACAS and .gov and a few others.I have worked out so far (I think!) that he is allowed SPL but I will not, but I can get Maternity Allowance. But can I claim MA at the same time he is claiming 2 weeks SPL? Or would I have to stop my MA for those 2 weeks but can I then start it again?

We have a 3 year old and he has made 4 parental leave requests over the 3 years and they have all been refused so I really can't see them granting any for this baby!

Can he also take 2 weeks SPL on top
Of his 2 weeks paternity leave?

The baby isn't here yet and won't be for a while but I like to know all the option as the more notice he gives work the better!

[MazyCrummy]

There's a calculator on .gov.uk:

www.gov.uk/pay-leave-for-parents

FWIW, I'm self employed, my DH is a teacher, and I can have up to 39 weeks maternity allowance, less any weeks of shared parental leave DH takes, and we can overlap/take concurrent weeks.

[saivartelija]

Mazy's comment is great and clears up your original question. The system does seem complicated at first, but I am reassured that at least someone has worked it out!

I'll try to answer your remaining questions: yes, if he takes 2 weeks SPL, you will lose 2 weeks MA, but it will be 2 weeks off the end, not the same 2 weeks as he takes SPL. Yes, he can take 2 weeks Paternity leave, and then 2 weeks of SPL, they are separate entitlements.

SPL is different to the unpaid parental leave right, in that when you request an initial SPL start date, I believe that the employer has to allow you to start it then, so I am hopeful that you will be able to get the time off he wants. It should be a lovely time for your family to spend together!

One last thing, I have found some forms on the ACAS website for requesting SPL, which we will also be doing eventually. They seem very detailed, so probably worth finding them now as they should help you give the school the right info. Good luck!