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Shared parental leave, moving abroad

(10 Posts)
afloat Mon 29-Jun-15 09:50:00

I am 15 weeks pregnant (due end of December) and have been offered a great job opportunity abroad. My DP is excited to support this and move with me. I'm awaiting confirmation from the potential employer of what maternity benefits I'd be entitled to, but it looks like with them I would have three months maternity leave on full pay, which would mean returning to work with them in April. The soonest I could start there would be October.

It looks like I might have two options -
1) Start working abroad in October, have three months leave from Jan-March. DP could either move with me immediately, or continue working in UK until I give birth.
2) Start working abroad in April, both DP and I working in current jobs until my maternity leave starts. I assume in this case I would be entitled to SMP (but not enhanced benefits my current employer offers), and would intend to take Shared Parental Leave so that my DP would get the benefits from moving and taking over as a SAHD from April when I would go to work.

What I'm wondering is, under option 1), would we lose all our rights to SMP and SPL if I started working abroad in October? Would this be the case if I started after 11 weeks before due date, when I would be entitled to start maternity leave anyway?

I don't mind if you accuse me of trying to maximise our benefit from the system, it's true, I am mainly concerned that my DP gets the parental leave he would be entitled to.

Thanks!

badow Mon 29-Jun-15 09:53:53

It depends on a lot of things. Are you moving to another EU country?

Is the move permanent or temporary? Do you intend to settle in that country?

badow Mon 29-Jun-15 09:56:06

I moved to the UK from another EU country at the later stages of my pregnancy. This unfortunately meant that I was no longer entitled to maternity pay from my home country and could obviously not get it from the UK either so lost out.

afloat Mon 29-Jun-15 10:02:04

I'm moving to another EU country, but it's complicated because the employer is an international organisation. I wouldn't pay any tax on income and wouldn't be entitled to any benefits from the country I will likely be working in. The employer provides all the benefits, private health insurance, pension, maternity pay etc. I'm not sure where I can even find information about what we're entitled to in this situation.

Fizrim Mon 29-Jun-15 10:12:23

Are you currently paying tax in the UK? It's too long since I dealt with maternity pay and benefits, but it might be worth checking to see if you are entitled to anything based on your previous tax record. If you are not currently paying tax in the UK/EU then I think it may be purely down to whatever the potential company are offering.

afloat Mon 29-Jun-15 10:25:15

Yes I'm paying tax in the UK. I am pretty sure that I would only be entitled to benefits from the potential new employer, I'm just wondering if DP could benefit from Shared Parental Leave if I stopped working in UK, but started SMP.

Fizrim Mon 29-Jun-15 11:47:33

I'd try the government website, it has a planner to see if you would be eligible

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

Congrats on the new job! How would you be travelling to the new job, I would check if you need a letter or any medical confirmation that you are fit to travel as some companies ask for them after 28 weeks.

lizzywig Sun 05-Jul-15 15:53:18

Shared parental leave is only available when both parents are employed in the UK, otherwise if only on of you is employed (and thus only one of you contributing tax and ni) there is nothing to "share". There is a calculator on the government website which should help you.

afloat Sun 05-Jul-15 17:00:52

Thanks lizzy. The thing is I'm currently employed in the UK and will be until October at least. The calculator mentioned only asks if I'll be employed with the same employer from September 6th, and according to all my answers we would be entitled to it. I need some kind of helpline smile

lizzywig Mon 06-Jul-15 08:03:38

Will you have been employed continuously by the same employer for at least 26 weeks by the end of the 15th week before your due date? If so then that is why the calculator has said you would be eligible and would indeed be correct - IF you stay with the same employer while you take Shared Parental Leave. You must also qualify for maternity leave or pay or maternity allowance.The government website www.gov.uk/shared-parental-leave-and-pay/eligibility outlines the eligibility criteria which includes the criteria that you must stay with the same employer while you take SPL. You might also find the CIPD website (for HR people) useful www.cipd.co.uk/hr-inform/employment-law/family-friendly-flexible/shared-parental-leave/default.aspx, which is based on the information on the government website.

If your husband has worked for his employer continuously for at least 26 weeks by the end of the 15th week before the expected week of childbirth (known as the ‘qualifying week’) and given the correct notice then he will be entitled to paternity leave. In addition to this if he is employed by his employer up to the date of birth then he will qualify for paternity pay.

I believe that if you both go to your new job in April and you start your maternity leave in the UK then you will continue to receive mat pay once you move - this certainly used to be the case but you would need to check this as I'm not sure.

I would suggest you call Maternity Action for clarification www.maternityaction.org.uk/wp/contact-us/.

I hope that helps.

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