To ask what the deal is with shared parental pay?! & leave?

Soundbathfan · 2023-07-27T20:01:55+00:00

So, husbands company has great maternity pay but sadly he isn't the woman in our relationship! I work for the nhs so my mat pay is pretty good but not nearly as good as his would be had he a uterus. I really want to do shared parental leave but his company doesn't have a SPL policy and although he hasn't yet spoken to HR direct his boss says it'll be statutory only, not linked to the mat pay policy at all. Why is this? I don't understand. If he was adopting or in a same sex relationship /surrogacy situation it would surely be different. Is this common? Can it be challenged? How have other people managed this? Experiences and thoughts welcomed:)

FoodFann · 27/07/2023 21:52

Maybe his boss meant: Paternity leave and shared parental leave are two completely separate things. Or maybe his boss just has a very poor understanding of your DH’s rights.

You’re probably best off using up all of your well paid maternity pay, and then taking the shared parental leave. It is a legal right, but it isn’t paid very well. Make sure you apply in time.

Possimpible · 27/07/2023 21:54

Will depend on the policy, but I looked at the NHS paternity policy recently and it is the same for same sex couples. The primary caregiver gets the most leave, the other caregiver gets 2 weeks.

Original poster

Soundbathfan · 27/07/2023 23:45

Thanks for your replies. Tbf nhs mat pay is good but not as good as a whole host of private firms.
Any other experiences here? I'm basically wondering if hub can take over after 6 months so I can go back to work (at which point he would be getting 75% if he was a woman, and I'd be getting SMP only)

OP posts:

Tannedandfake · 27/07/2023 23:49

Soundbathfan · 27/07/2023 23:45

Thanks for your replies. Tbf nhs mat pay is good but not as good as a whole host of private firms.
Any other experiences here? I'm basically wondering if hub can take over after 6 months so I can go back to work (at which point he would be getting 75% if he was a woman, and I'd be getting SMP only)

If his company don’t have an SPL policy, what are you expecting?

KingOfThieves · 28/07/2023 00:12

They don’t have an enhanced shared leave policy so it seems like there are no other options. I do think employers need to be move pro active on men taking leave for their babies/children though.

Although in regards to shared leave, you are aware for every paid week he takes it deducts form your paid leave, yes? The 37 weeks of paid leave are between the both of you. So if he took shared leave, you can take it too, but you would be back to work sooner if paid leave is your concern. I was off for 4 months and my husband took the remaining 4.5

Possimpible · 28/07/2023 00:14

Not a lawyer but presumably they can do it because pregnancy and maternity are protected characteristics. Being a parent isn't one.

Ineedaholidaynowplease · 28/07/2023 00:16

https://www.google.com/amp/s/www.myerson.co.uk/news-insights-and-events/shared-parental-leave/amp

They don't have to pay men in spl the same as women on maternity leave, or at least they didn't when these claims were brought, so it could be stat pay only.

Are men entitled to the same pay as women on maternity leave?

If you’re having a baby or adopting a child, you and your partner may be able to get Shared Parental Leave and Statutory Shared Parental Pay. Find out more here.

https://www.google.com/amp/s/www.myerson.co.uk/news-insights-and-events/shared-parental-leave/amp

MrsPinkCock · 28/07/2023 00:20

Soundbathfan · 27/07/2023 23:45

Thanks for your replies. Tbf nhs mat pay is good but not as good as a whole host of private firms.
Any other experiences here? I'm basically wondering if hub can take over after 6 months so I can go back to work (at which point he would be getting 75% if he was a woman, and I'd be getting SMP only)

Well no, because if the roles are reversed, you’d have taken your two weeks Pat leave and then been back at work.

Only one parent can take maternity or adoption leave and the other has to take paternity or shared parental leave.

Your husband didn’t give birth and isn’t the primary caregiver, so there’s no entitlement to maternity pay or equivalent and “challenging” it won’t get you very far!

JagerPlease · 28/07/2023 03:37

Employers have to offer SPL but they aren't required to offer any enhanced pay.

It's not about being a man per se, as the SPL position would be the same at his company for the female partner of a pregnant woman.

Adoption is different, but still requires one parent to be the primary caregiver qualifying for adoption leave. You just get to choose who that is

justanotherlaura · 28/07/2023 04:55

We are currently doing SPL, I went back to work a few weeks ago and my husband took over. He's just on SMP rates because I'd had my full 16 weeks of enhanced pay but I am the higher earner so we're about £500 better off.

This is the main reason we're sharing, that and it's been really nice for him to have the time with our son (and show him how hard it is being at home with the baby all day!)

Hardbackwriter · 28/07/2023 06:41

Soundbathfan · 27/07/2023 23:45

Thanks for your replies. Tbf nhs mat pay is good but not as good as a whole host of private firms.
Any other experiences here? I'm basically wondering if hub can take over after 6 months so I can go back to work (at which point he would be getting 75% if he was a woman, and I'd be getting SMP only)

If he were a woman on mat leave at his company would he still be on 75% at six months?

Kta7 · 28/07/2023 06:48

It’s worth asking the question; take-up is so low that sometimes companies simply haven’t thought it through yet. If their maternity policy is generous that could be a good sign of their attitude towards family-friendly benefits more generally. But they’re under no obligation and it’s quite common for employers just to offer statutory terms.

SpamIAm · 28/07/2023 07:00

But their maternity leave policy has nothing to do with what leave they'd offer a man for either paternity leave or shared parental leave so I'm confused...