Shared Parental Pay

[Chlobo94]

Myself 30F and my wife 34F (birth parent) are really wanting to take shared parental leave. Her for the first 6 months and for 3 months afterwards. We've both worked for our respective employers well into the qualifying weeks. However, she is very unhappy in her current job (and is off sick).

If we took shared parental leave and she went back to work after 6 months, could she go back to a new job with a new employer or would that mean that I wouldn't get the remaining 3 months of shared parental leave pay?

Your parental leave is between you and your employer. Completely separate to your wife's.

No it's not. Both employees/parents have to be eligible for it even if only one takes shared parental leave (teachers are currently using the ShPL rules to be paid over school hols and so far, non of their partners are taking leave but they do have to be eligible for their partner to take it).

OP, this is a really interesting question and not a scenario I've come access yet. My gut is that it's about eligibility at the time you apply to do it - which for you will be when your partner is still on maternity leave. Acas we're good at answering questions I had as an employer when we first started getting ShPL requests so suggest giving them a call.

I did this with SPL for my second. I took 2 weeks maternity, then we did 8 weeks of SPL together, then I went back to work (new job) and my partner took two further periods of SPL. There were complications in that I had to repay enhanced maternity from my previous employer but worth it in the grand scheme of things

@Chlobo94 eligibility to Statutory Parental Leave and Pay is determined before you start mat leave.
Entitlement is defined as 6 weeks at 9/10ths and 33 weeks @ SMP/ShPP rate.
Your respective employers at the time you become eligible are responsible for paying ShPP.

So the short answer is yes your partner can take the 3months ShPP even if you resign.