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Any HR experts- Question on shared parental leave

46 replies

mum2bee2022 · 21/02/2022 18:03

I am planning on taking maternity leave for 8 months, then taking my accrued 2 months of holiday following this. Husband will then take the following 2 months as shared parental leave.

However, my HR dept are saying that shared parental must be taken straight after my mat leave ends? My understanding was that shared parental leave can be taken any time within a year of birth. Can anyone advise on the legal position?

OP posts:
mum2bee2022 · 21/02/2022 18:04

bumping...

OP posts:
Pyri · 21/02/2022 18:07

You can’t take mat leave > holiday > he takes SPL

But you could take mat leave > holiday WHILE he is on SPL

(I think)

dementedpixie · 21/02/2022 18:10

I don't think they are correct as you can take shared parental leave in blocks separated by periods of work and at different times from each other.

Also surely it's between your dh and his employer as to when he can take his shared leave?

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mum2bee2022 · 21/02/2022 18:11

@Pyri

You can’t take mat leave > holiday > he takes SPL

But you could take mat leave > holiday WHILE he is on SPL

(I think)

Thanks, anyone advise for definite?
OP posts:
mum2bee2022 · 21/02/2022 18:13

@dementedpixie

I don't think they are correct as you can take shared parental leave in blocks separated by periods of work and at different times from each other.

Also surely it's between your dh and his employer as to when he can take his shared leave?

This is what I thought but its hard to find any definite answer online even on the gov website
OP posts:
Regularsizedrudy · 21/02/2022 18:16

No you can’t do this. If you use annual leave you are ending your maternity.

ThreeRingCircus · 21/02/2022 18:17

It may be policy led as our work is same as yours and would not allow parental leave, then back at work (even if on holiday you've then returned to work) and then another block of parental leave.

BendingSpoons · 21/02/2022 18:18

You can't stop maternity and then restart it, so the same applies if you are sharing it with your partner. So what your HR are saying is correct unfortunately.

We had the same. I decided to take 2 days a week leave for the next 4 months or so, so I was paid full time and working part time. I planned to go part time anyway, so work were OK with this.

I don't know if you have already had the baby, buy could you take annual leave right up until the day the baby is born so you start maternity a bit later?

dementedpixie · 21/02/2022 18:18

I dont know how pay would work though as you only have 50 weeks of leave and 37 weeks of pay to share so would he be unpaid when you go back to work?

Pyri · 21/02/2022 18:19

@dementedpixie

I dont know how pay would work though as you only have 50 weeks of leave and 37 weeks of pay to share so would he be unpaid when you go back to work?
If one or both parties offer enhanced SPL that’s how

My husband and I did 6 months each, both paid

dementedpixie · 21/02/2022 18:20

@Regularsizedrudy

No you can’t do this. If you use annual leave you are ending your maternity.
But she needs to end maternity for her husband to take shared leave. Shared parental leave is different and can be taken in up to 3 blocks of leave. It's not the same as your standard maternity leave/pay
dementedpixie · 21/02/2022 18:21

@BendingSpoons

You can't stop maternity and then restart it, so the same applies if you are sharing it with your partner. So what your HR are saying is correct unfortunately.

We had the same. I decided to take 2 days a week leave for the next 4 months or so, so I was paid full time and working part time. I planned to go part time anyway, so work were OK with this.

I don't know if you have already had the baby, buy could you take annual leave right up until the day the baby is born so you start maternity a bit later?

Yes you can if you are taking shared parental leave
User76745333 · 21/02/2022 18:21

You cannot do this. Taking annual leave will end your Mat leave. You could take all your annual leave first though before you start your mat leave.

Hercisback · 21/02/2022 18:23

I'm a teacher and returned to work before H started his SPL. Obviously we don't get annual leave though so I'm not sure how that complicates things.

dementedpixie · 21/02/2022 18:23

@User76745333

You cannot do this. Taking annual leave will end your Mat leave. You could take all your annual leave first though before you start your mat leave.
But she needs to end her maternity leave to enable her dh to share parental leave with her.
JackieCollinshasnoauthority · 21/02/2022 18:24

Go here:

www.gov.uk/plan-shared-parental-leave-pay

Put in the actual dates you and your partner want to take leave. It'll tell you what you can and can't do.

What you have proposed sounds fine. Have you employer implied there are any consequences to you personally if your husband takes leave? Otherwise I'm not sure what it's got to do with them.

Schoolchoicesucks · 21/02/2022 18:24

I think it's the ending maternity leave to take holiday that causes the issue. Could you end maternity leave to go onto shared parental leave. Take annual leave while on spp. Then he takes shared parental?

dementedpixie · 21/02/2022 18:25

Maybe only people who know about shared parental leave and pay should answer the questions. I dont claim to be an expert but know some of the answers are wrong

BendingSpoons · 21/02/2022 18:25

dementedpixie you are right, my post is not clear. You can have blocks of maternity/paternity leave if switching between you both, but you can't BOTH be working and then one of you go back on maternity/paternity leave.

WouldIBeATwat · 21/02/2022 18:25

It’s called Discontinuous SPL and whilst possible, your employer doesn’t have to allow it.

www.acas.org.uk/shared-parental-leave-and-pay/taking-shared-parental-leave

WouldIBeATwat · 21/02/2022 18:26

@BendingSpoons

dementedpixie you are right, my post is not clear. You can have blocks of maternity/paternity leave if switching between you both, but you can't BOTH be working and then one of you go back on maternity/paternity leave.
Yes. So the leave bit of the proposal is the issue.
mum2bee2022 · 21/02/2022 18:26

Looks like no one knows for sure ... so frustrating trying to get head around it all

OP posts:
Thoosa · 21/02/2022 18:27

This should clear it up. Call their helpline, if not.

www.acas.org.uk/shared-parental-leave-and-pay/taking-shared-parental-leave

BendingSpoons · 21/02/2022 18:28

OP apparently I am wrong. This is what I was advised by HR (NHS) but sounds like they gave me bad advice!

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