Partner’s company changed my maternity leave end date

[gg9320]

Hi,

hoping for some advice on shared parental leave! I’m on maternity leave and get topped up to full pay for 18 weeks by my company. I’ve notified my company to go into shared parental leave after this ends to free up time for my partner as his company will give top up shared parental pay for him for 8 weeks.

He’s taking his first lump of shared parental leave while I’m about halfway through my enhanced maternity pay. This is allowed based on the gov uk website https://www.gov.uk/shared-parental-leave-and-pay/when-you-can-start “ You can start SPL while your partner is still on maternity or adoption leave as long as they’ve given binding notice to end it.” This presumably is per the shared parental regulations 2014 but I can’t find the relevant section!

the problem is his company don’t accept this (?!?) and are notifying hmrc that I have curtailed maternity leave when he start shared parental leave. Will this impact my enhance mat pay? I’m terrified it will because we can’t afford for me not to receive it and I’d have to go back to work early. Very grateful for any advice /insight you might have.

Only you can end your mat leave not your partners employer.

Write to HMRC (cc in both employers) stating both you and DPs NI numbers and giving tax ref and employers names. State that you are on Mat leave until x date and have not consented to this date being amended. Attach a copy of your application forms/letters with the dates. Ask them to confirm to DPs employer that your mat leave end date is correct.

Your employer can only take your notification of the end date for SMP so should continue to pay SMP.

The page giving government states that your partner can take SPL while you are still on maternity leave provided you have given binding notice to end your maternity leave. You do not appear to have given binding notice. To enable you or your partner to take SPL, you must give a curtailment notice to your employer cutting short your maternity leave. The date on which you end your maternity leave determines how much shared parental pay is available. You may find this useful - Shared parental leave and pay - Maternity Action. See particularly the section "Reducing maternity leave/pay to create shared parental leave/pay"

Thank you both! @prh47bridge thank you for this link!! I have given the curtailment notice to my employer to end my maternity leave when my enhanced pay ends and to go into shared parental leave for the remainder of the time I plan to take off