Shared Paternity Leave

[Uctqsyo]

Hi,

My partner and I are looking at Shared Paternity Leave. However, she only receives statutory with her work while I would receive enhanced full pay for 39 weeks.

We want to maximise my enhanced pay but the problem is that it starts counting down as soon as she starts claiming statutory. I can only only take 26 weeks off and to ensure that I get 26 weeks of full pay, one of the things we thought about, but not sure if it is possible, is pausing or delaying my partner receiving the statutory pay.

For example, without the pause:

• She goes on 6 weeks full pay and then 20 weeks statutory pay
• I then go on shared for the remaining 26 weeks
• after her 26 weeks, I would then be paid full pay for just 13 weeks and then 13 weeks without

Example 2, with pause/delay

• She goes on 6 weeks and then 20 weeks maternity leave but she pauses her statutory pay after 13 weeks, and takes nothing for the remaining 13 weeks
• I then go on shared for the remaining 26 weeks. She would only have taken 13 weeks statutory meaning my 39 weeks is reduced to 26 weeks of full pay. However this means I get paid full enhanced pay for the entire time I am on shared paternity leave.

Grateful for any help on this. Is the second example even possible? Is there a better way to do this? Anything I should look out for in my shared paternity policy?

Thanks

I think you’re referring to Shared Parental Leave?

Your partner can curtail her leave to reallocate it to you, but what she can’t do is be on “maternity leave” but not be paid statutory maternity pay, so you can’t pause pay - you can only pause leave and pay at the same time (ie returning to work).

Are you sure that you understood the policy correctly? Often with full company SPL you’re either paid it or you aren’t, and your partners statutory pay wouldn’t affect it. The only time I’ve seen it impact is if both people in the couple work for the same organisation, as the employer wouldn’t allow double recovery. I’d therefore expect that you’d be paid for as many weeks as you wanted to take - 39 would be rather generous though!

She would need to give up 26 weeks of leave and pay in order to free up those weeks for you to take leave i.e. she'd need to go back to work much earlier. Is that what she wants to do?

You can't pause pay, but you can I think swop between. Money wise (but not necessarily emotionally) best option may be
Partner - 6 weeks full pay
You - 26 weeks full pay, partner goes back to work
Partner - statutory pay for 7 more weeks. This takes you up to 39 weeks which is when statutory then ends
Then Partner can take a further 13 weeks on no pay.

The challenging bit is working out the AL for those, as you accrue AL at full pay when on mat leave. For example, I did all our time off both times as had better policy than DH. I had 2 months full pay, 4 months half plus statutory, 3 month statutory then 3 months nothing. I accrued 7 weeks AL whilst off, so then had 7 weeks full pay before I returned to work when baby was around 14 months old.

But there are rules around the mum having to be off for a certain number weeks after giving birth for their safety. Is you or your partner giving birth? You have said she, but I'm asking as yoy could be Dad or a same sex partner.

This would make sense if the policy operates as OP thinks it does! A better way of guaranteeing maximising pay.

I do question it though. I know employers that I work with who offer generous enhanced payments like this would still “top up” to full pay, regardless of what statutory pay the mother took. They don’t HAVE to I suppose, but I know a lot of companies do, which means that both parents in reality then end up with more pay than 39 weeks between them! And what would happen if both parents wanted to take leave at the same time? Pay shouldn’t be impacted, however they break up the blocks of leave.

Not criticising your suggestion, btw - more criticising the employers policy, if that’s how it does work in practice, as it would actively discourage the mother from taking her maternity leave!

Thanks for the above, really helpful. Pity you can’t pause the pay.

Paraphrasing here: my employer says 39 weeks ShPP at full pay, and also says regardless of whether the couple work in different workplaces the ShPP entitlement is counted down from when the 39 weeks of statutory maternity pay starts.

Also on the above, I don’t have much flex as I can only go on paternity after 26 weeks from birth. So doing six weeks then me not an option.

Not saying this is ideal at all, but what about if my partner did 13 weeks, went back to work for 13 weeks, and then I took leave. Is it possible to pause the whole thing for 13 weeks and then restart?

Again, really appreciate all the advice/responses so far. I’ve found SPL very complicated to understand. And yes, I did mean Shared Parental Leave :)

Returning to work 13 weeks after giving birth would be very difficult. Is it absolutely necessary that you take the maximum amount of SPL?

Why are you wanting shared leave?

Your DP will need more than 13 weeks off.
Will she be breastfeeding?

When does she want to return to work?

You can take shared parental leave in blocks so the 13 weeks off and 13 weeks back to work could work. Does your partner want only 13 weeks of Maternity leave though? I wouldn't want to return to work only a few months after birth.

The amount of leave and pay you take is deducted from the leave and pay your partner takes so hers will be vastly reduced

While it's admirable you're trying to come up with a solution you need to bear in mind that leave is primarily for the benefit of the mother and baby, to rest, recouperate and bond. It's brilliant that fathers are getting better access to leave (it's still not good enough though) but I think in trying to make this work you've lost sight of the big picture. Going back to work 13 weeks after birth is something some women choose to do, and in some countries have no choice but to do it, but it's so far below the ideal situation for almost all women. Especially if breastfeeding, especially if she has a traumatic birth, but even if not that's a situation most mothers don't want to be in. I love my kids and I love my career, loved going back to work, but even I'd have dreaded going back so soon, I still had stitches healing at that point.

I'm assuming this is your first baby? If so, at this point you won't yet know what you don't know, but you'll look back and probably realise the idea of sending your wife back to work after 3 months so you can take leave is mostly unworkable.

By all means, maximise the leave situation so you can be there as much as possible but keep in the forefront of your mind that this can't be at the expense of the baby's mother. It can be really underestimated before having your first baby just how tiring and difficult those few months can be.

Its for her to recover. If you're not desperate for the money let her recover.

Can’t you take it at the same time as her? The first 39 weeks would be so much easier if you were both off work and receiving your pay.

I would advise against her going back at 13 weeks tbh. My daughters dad changed jobs and it meant to keep a roof over our heads I had to go back to work when my daughter was 12 weeks old after we both nearly died during labour. I was still breastfeeding (luckily I managed to continue) but it was so hard. I never forgave him for it and I still resent him (daughter is 5 now) and it lead to pur split. I just could never look at him the same and totally lost all respect and love for him.

Maternity leave is for the mother to recover. I do think it's good that fathers/other parent are getting access to more leave but I feel strongly that this should not be at the expense of mothers who are recovering from birth.

Please, let her recover for however long she needs.

Start with the person giving birth and potentially breastfeeding wants.

Maternity leave is designed for the mother because she needs it for healing and bonding with baby.

I find it slightly disturbing when partners want to use some for money? It’s not really the time to prioritise money. Why don’t you work some overtime to support the babies mother

Thanks, it was just a question to understand all potential options from a practical point of view so we can make the best decision for our family. I don’t think we’ll do 13 weeks only, it was simply to understand what is possible to maximise pay. We then need to balance, yes against what is right for her. But if we don’t know all the options, we can’t make an informed decision.

Anyway, thank you for all your messages. I will leave the thread there.

You do realise that some mothers take far less than this dont you?

They can't both have 39 weeks off as the mother needs to give up her maternity leave and pay to enable him to take time off. If he was off for 39 weeks then she'd only have 11 weeks she'd be able to take (can share up to 37 weeks pay and 50 weeks leave as you need to take 2 weeks off by law)

I’m male - My work is similar & I was planning to do the same.

We’re 4 months into maternity leave, our baby’s 3 months, honestly, the women needs the full 12 months off. Even that I don’t thinks is enough.

We’re just starting to get on holiday. Our baby’s starting to grow up & needs his mum around. Especially as she’s breastfeeding.

Not saying this is ideal at all, but what about if my partner did 13 weeks, went back to work for 13 weeks, and then I took leave. Is it possible to pause the whole thing for 13 weeks and then restart?

Does she want to go back to work at 13weeks after birth?

They will be in an absolute minority and completely outside of the norm in the UK.
There is a reason we don’t promote mothers returning to work when their baby is literally weeks old. I

Maybe ask the mum what she wants. You aren’t the one giving birth. This is about her and what she wants and needs. If you want the leave then use it aswell as hers.

What she wants may depend on the answers to the questions?