Help with Shared Parental Leave

[TwittleBee]

DS2 is due in September and after quite a bit of spreadsheet producing, heart to heart talking and exploring all options, it is making sense for me to return to work in November. However, we wouldn't need DH to actually take on Shared Parental Leave (SPL) until January due to how his shifts fall.

I could really do with some advice on how to claim for SPL and if how we want to do it is possible. I am finding the website www.gov.uk/shared-parental-leave-and-pay/eligibility-for-birth-parents a little confusing.

For some further information, my contract at my current employer ends on 1st Sep and as I started when I was 16 weeks pregnant I will not qualify for SMP but I will be claiming MA. My employer have said they will be hiring me back as soon as I am ready to come back (but arent willing to extend my contract now).

DH has worked with his employer for 7 years and I cannot see why he wouldn't qualify for SPL ... but ... they refused to give him paternity leave for DS1 !!! We weren't in the situation to take them to tribunal and, to be honest, we foolishly trusted what they told us as to why he was entitled (FYI, they said he handed the BMat1 form to them too late - he didnt, he gave them written notice at 25 weeks pregnant).

So if anyone can help clarify on how to take SPL that would be super appreciated - even if that is explaining that we won't be entitled to take it how we plan.

I think the fact that you don't qualify for SMP and will be out of work at the time of birth means that you won't qualify for SPL. It all depends on if you have worked for 26 weeks in your job before you leave. Here is a calculator from the Gov website that should let you know what you qualify for.

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

Attached is the print screen of the result - I guess I am just so confused as to why I can take 52 weeks but I cannot share that with my partner?

Same with Maternity Pay, I am eligible for that but cannot share it with my partner?

You won't be on maternity leave as you'll be unemployed. You can't share leave in that circumstance.

But I will be getting maternity pay though? So surely I could share that?

Even if I was to rework my contract to extend - it still states I wouldn't be able to share the leave though?

Is this because I will be claiming from the Government rather than my employer and so my husband cannot claim as the government pay cannot be transferred onto an employer?

(thank you btw for hashing this out with me)

You won't be getting maternity pay though, you'll be getting maternity allowance. The eligibility criteria are on the link PP posted so you need to see if you fulfil those.

If you do, the information on that same link suggests you can have a break between blocks of SPL as you want.

You definitely can't share maternity allowance. I think, the mother needs to have worked for her employer for a qualifying period to be eligible to share leave. If you started work already pregnant I don't think you'll qualify.

DH's work have confirmed he can have SPL. I am on MA and the job I had is finished too. You just have to curtail your leave and pay. Basically you're entitled to 39 weeks of maternity pay between you. I have taken 35 weeks pay of MA and DH is having 4 weeks pay of SPL. Phone the MA helpline they are incredibly helpful.

@leghairdontcare you definitely can.

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

yeah i did fill that in Spam88 , see above - and I meant MA (apologies, pay and allowance pretty close)

leghairdontcare urgh, just seems so unfair! Only reason I am in this mess is because I got made redundant at 12/13 weeks pregnant.

Just seems so odd that I can get the MA but cannot transfer it across to DH so I can return to work.

Looks like I will just have to admit to myself that I'll have to put an 8 week old into nursery

ah thank you @DCIRozHuntley - Wonder why the government website makes no sense?

@TwittleBee they separate the leave entitlement from the pay entitlement. As above you have to formally curtail your maternity allowance to free up the weeks of pay. You don't have to qualify for Shared Parental Pay but DH does as he will be taking the shared element. You are two separate entities. Seriously phone 0800 169 0283 they are endlessly patient and will clarify all this.

I shall do! thank you so much

Imo the government have kept this all very opaque as they didn't really want to introduce it. If they make it so complicated that next to no one claims they can say "yeah we tried it but there was no appetite for it". As I say, that's just my opinion.

That is how it feels! Especially considering their online calculator didnt state that we would be eligible?

I'm glad I came on this thread as I'm in a similar situation and was advising based on the government calculator. Which I now realise is not clear at all!

Hoping that this means we will both be in better situations now leghairdontcare !

OP, read to the bottom of the entitlements you got back on the link above (that you print screened). It should say "Mother does not qualify for Shared Parental leave". Underneath that it should say "Shared Parental Pay (Partner only)."

It doesnt for me, goes onto Parternity Pay and then Extra Help - no mention of SPP

That's weird.

I've filled in the answers I would have put based on your circumstances given here. It came back the same whether I put self-employed or unemployed for you.

Due date is 17th Sep so the 26 weeks question is below.

Did the mother work (or will she have worked) for at least 26 weeks in this job between 10 June 2018 and 14 September 2019?

The answer is "no", I would have only worked 22 weeks as my contract ends 1st Sep and I didnt start till 1st Apr

This means I wont qualify doesnt it

Had only 1 month "unemployed" whilst I was job searching after being made redundant and that is going to mean I won't qualify now

I'd still give them a ring. Sorry it seems more confusing than ever now! I'd have thought the fact you qualify for maternity allowance should count for something. Congratulations on your pregnancy and hope you can juggle the finances.