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Original poster

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:
Regularsizedrudy · 21/02/2022 18:30

@dementedpixie yes sorry I wasn’t clear. She ends the mat leave to start the parental leave but you cannot end it to go on AL as that ends the whole thing.

JackieCollinshasnoauthority · 21/02/2022 18:30

@dementedpixie

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
Where's the fun in that?!
Regularsizedrudy · 21/02/2022 18:30

@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)

This is my understanding too

Interested in this thread?

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Employment advice Families
Regularsizedrudy · 21/02/2022 18:34

[quote Regularsizedrudy]@dementedpixie yes sorry I wasn’t clear. She ends the mat leave to start the parental leave but you cannot end it to go on AL as that ends the whole thing.[/quote]
Sorry to add to this I mean she can’t go on AL and him not pick up the SPL. She can go on AL while he starts the SPL however.

Original poster
mum2bee2022 · 21/02/2022 18:36

@JackieCollinshasnoauthority

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.

yes we completed the planner
OP posts:
BendingSpoons · 21/02/2022 18:37

I think the issue is you can now legally do what you are proposing (as per dementedpixie's link at 18.22 BUT companies don't have to allow discontinuous leave. I would argue in your case that there is no detriment to either workplace in your plan.

Possibly your HR is not completely up to date on the rules, as I think they changed a few years ago and take up is still quite low. Talking to Acas might be a good plan.

JackieCollinshasnoauthority · 21/02/2022 18:42

The planner said you are entitled to what you've proposed?

I think discontinuous leave doesn't apply here as OP wants to take one block and the father wants to take one block. Gaps in SPL won't affect either employer.

LemonGelato · 21/02/2022 18:53

From .gov.uk ........

"An employee taking Shared Parental Leave (SPL) can split their leave into up to 3 separate blocks instead of taking it all in one go, even if they are not sharing the leave with their partner.

If both parents are taking SPL then they can take their leave at the same time as each other or at different times

The employee must give you at least 8 weeks’ notice before a block of leave begins. "
........

So I read that as yes, you can end your period of SPL, take annual leave before returning to work (assuming you apply for it as per your employers usual rules), followed by your partner taking SPL, assuming they gave the required 8 weeks notice to their employer.

Jane1727 · 21/02/2022 19:02

Yes, you can do what you propose. You have to curtail your maternity leave and enter into a period of shared parental leave. Whilst your husband is taking SPL you can book holiday subject to the normal booking rules and procedures.

devildeepbluesea · 21/02/2022 19:06

If both of you are working (or on leave) then you can’t do this. Why not swap it round? Do your mat leave, the DP off, then you again on leave?

WouldIBeATwat · 21/02/2022 19:19

@devildeepbluesea

If both of you are working (or on leave) then you can’t do this. Why not swap it round? Do your mat leave, the DP off, then you again on leave?
Presumably going back for 2 months then back off for 2 months is going to be quite disruptive. The employer does not have to agree to this.
dementedpixie · 21/02/2022 19:55

@devildeepbluesea

If both of you are working (or on leave) then you can’t do this. Why not swap it round? Do your mat leave, the DP off, then you again on leave?
Surely that's more disruptive to OPs employer than just being on annual leave straight after maternity leave. I dont see that it's any of OPs employers business what leave period her dh agrees with his own employer.

As long as OP curtails her own leave to free up leave for him then it's up to him and his employer as to when his leave can be taken

AndSoFinally · 21/02/2022 21:54

No you can't do that. The periods of SPL must be continuous, (although you can switch between you), in the same way that mat leave has to be continuous. You couldn't do 4 months of mat leave, then go back to work for 2 months, then go back on mat leave. You can do that with SPL, but one of you has to be on SPL all the time, you can't both be working or on annual leave for any period.

Lockdownmummy · 21/02/2022 22:04

I have done what you are suggesting. I took 39 weeks maternity leave, then 5 weeks annual leave. Once my annual leave had finished DH took 8 weeks shared parental leave.

So it is possible, but maybe company policy dependant. DH and I both work for the same public sector company if that makes any difference.

dementedpixie · 21/02/2022 22:07

I dont think that's correct. OP can be on maternity leave and then cut it short to free up time for her dh to be off on shared parental leave. They can be off together or at different times. He can be off when she is back at work (which is what would happen if the OP gets what she wants).

maternityaction.org.uk/advice/shared-parental-leave-and-pay/

Original poster
mum2bee2022 · 22/02/2022 00:06

@Lockdownmummy

I have done what you are suggesting. I took 39 weeks maternity leave, then 5 weeks annual leave. Once my annual leave had finished DH took 8 weeks shared parental leave.

So it is possible, but maybe company policy dependant. DH and I both work for the same public sector company if that makes any difference.

This is really helpful thank you
OP posts:
Original poster
mum2bee2022 · 25/02/2022 19:19

Just an update on the thread. HR approved my request so it looks like it is within the rules!

OP posts:
WouldIBeATwat · 25/02/2022 19:56

Most HR depts struggle with it. People don’t use it enough for them to become fluent in it.

Original poster
mum2bee2022 · 25/02/2022 20:05

@WouldIBeATwat

Most HR depts struggle with it. People don’t use it enough for them to become fluent in it.
defiantly
OP posts:
JackieCollinshasnoauthority · 26/02/2022 15:27

Good news.

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