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Shared Parental Leave and Notification Period

(7 Posts)
booksandmore Wed 18-Dec-19 22:53:16

My wife and I did shared parental leave (she is currently on her leave just now, I returned to work in October). During my maternity leave, I was informed that part of my accrued leave had to be taken as holiday rather than the payment we had anticipated. This meant I had to change my return date. This was done within 8 weeks of my wife going off on her leave therefore we could not give the 8 weeks notice they requested. We found out today that we will not be receiving SMP for the 2.5 weeks difference due to this. Can anyone advise whether we have a leg to stand on to fight this through union or ACAS? My wife's HR manager has said she has been in contact with ACAS about it already and that they are in agreement with her employer.

In short we have received 36.5 weeks of pay out of the 39 we were entitled to. The whole shared parental process has been so confusing and complicated and this has just topped it all off. Any advice much appreciated.

OP’s posts: |
nerdsville Thu 19-Dec-19 07:56:38

Can you give a breakdown of your originally planned dates and your revised dates?

booksandmore Thu 19-Dec-19 18:56:36

Don't want to be too outing, but my portion of the leave was originally February to mid-Oct with my wife taking over from mid-Oct to Jan 2020. I had about 2.5 weeks leave to take so was back 'on books' end of September although still of until mid Oct. My wife's dates remained the same. All that changed was the fact that I got paid 2.5 weeks less of SMP than intended which my wife should then have received. Does that make sense?

OP’s posts: |
Gizlotsmum Thu 19-Dec-19 18:59:51

Did your wife take an extra 2.5 weeks paternity leave? I assume you got paid for your accrued leave as you were technically back at work?

booksandmore Thu 19-Dec-19 20:14:09

No, she didn't take any extra - her dates stayed the same. I got paid for my accrued leave and so didn't get SMP on those weeks as originally planned. We thought that as we were entitled to 39 weeks in total, that my wife would be paid for 5.5 weeks rather than the 3 we had submitted originally.

OP’s posts: |
dementedpixie Thu 19-Dec-19 20:18:38

Can you not now take the extra parental leave you are due? Shared parental leave can be taken in separate blocks so doesnt all have to be taken at once

nerdsville Thu 19-Dec-19 21:29:54

Just to clarify some more points:
Did you originally submit a notice to curtail your mat leave mid October?
Did you give your employer 8 weeks notice of your revised return to work date of end Sept?
Did you change your dates within 6 weeks of the birth, or not until later on?
What was the reason they couldn't pay your holiday as anticipated? I'm assuming it would have taken you under the statutory holiday allowance for the year? If so, is there a reason you couldn't use your holiday from mid Oct onwards instead of beforehand?

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