Maternity Allowance & Shared Parental Leave

[artisticat]

I was wondering if anyone is experienced in navigating this confusing world.

I haven't been with my employer long enough to qualify for their maternity package or Statutory, instead I have been told to apply for the Maternity Allowance by filling in a MA1 form.

My partner has been at his work for 11 years and gets a very generous deal, in which he has the standard 2 weeks Paternity leave plus he is able to take Shared Parental Leave, he is entitled to be paid up to 16 weeks at full pay (less two weeks compulsory maternity leave that mum has to take) and up to 21 weeks at the statutory rate.

We'd love for him to take the 2 weeks Paternity + 3 weeks shared at his full pay.

However, it's a minefield as to how this works. I can't seem to find clear cut advice on whether this compromises my Maternity Allowance, or if I can continue to receive my Maternity allowance while he is off on Shared and after he returns to work.

My HR is being relatively useless on the issue as she's never dealt with it before. Looking at the Govt websites about this leave me equally confused.

If you have ever dealt with this situation or know someone I can speak directly to, to get a straight answer that would be much appreciated!

x

www.maternityaction.org.uk/advice-2/mums-dads-scenarios/shared-parental-leave-and-pay/#maternity-allowance-and-shared-parental-leave

Different situation but does have some relevance. I wasn't eligible for SMP or MA as I was a post graduate student, I did get maternity pay from my funding body though. My DH tried to get shared leave, after a lot of investigation the HR as his work said no as I wasn't receiving SMP. I hope isn't the same for you.

Your OH will not qualify for SPL if you don't at your employer. This is because you're entitled to maternity leave and pay is shared with your partner.

So for me, I get 38 weeks pay and 52 weeks leave. I'm giving my partner 8 weeks of that so I'll get 30 weeks pay and 44 weeks SPL and he'll get 2 weeks paternity + 8 weeks SPL.

You'll get 38 weeks maternity allowance and he'll get 2 weeks paternity pay.

Might be worth checking your qualifying dates with your employer though if they are useless. when did you start working for them on a contract and how much do you earn a week?

That link i provided suggests her OH could take it if he qualified. OP would have to stop her maternity allowance earlier to allow him to get his pay

Tbh I think the gov website is quite clear on the Shared Parental Leave and Pay.

It says: "To start SPL or ShPP the mother must end her maternity leave (for SPL) or her Maternity Allowance or maternity pay (for ShPP). If she doesn’t get maternity leave (but she ends her Maternity Allowance or pay early) her partner might still get SPL."
So your DH cannot take SPL or ShPP at the same time as you taking Maternity Allowance. You would have to end your maternity period and no longer claim Maternity Allowance for him to take any time of SPl/ShPP. You can't both be getting them at the same time.

And again later:

"For ShPP to start
The mother (or the person getting adoption pay) must give their employer binding notice of the date when they plan to end any maternity or adoption pay.

If they get Maternity Allowance, they must give notice to Jobcentre Plus instead.

They can’t restart maternity pay, Maternity Allowance or adoption pay once it’s ended."

So basically unless you want to go back to work 2 weeks after the birth, your DH cannot take Shared Parental Leave & Pay, as you would have to return to work for him to be able to take that.

They can have it at the same time. She can curtail her maternity pay early i.e. only take 34 weeks instead of 39 and donate those 5 weeks to her dh.

That's not true. She can end it early but still be off when he is

Thanks for your replies. They are pretty demonstrative of the confusion I'm feeling as I read the govt advice and thought we wouldn't be able to do it without me giving up my Maternity Allowance as some of you have pointed out.

However my HR and my partners HR have both said they think we can, my partners HR is looking into it too so hopefully we'll have it resolved next week. Such a complicated system!

@dementedpixie thanks for that link! I hope that's the case!