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Pregnancy

Talk about every stage of pregnancy, from early symptoms to preparing for birth.

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Original poster

Shared Parental Leave

41 replies

greenman99 · 21/02/2018 15:11

Hello

I'm hoping someone can help.

Once our baby arrives my wife is planning on taking the first 6 months off . I'd like to take perhaps the first 4-6 weeks off.

My employer offers Shared Paternity Pay at the same rate as Maternity Pay which is 90% for 6 wks | 50% & SMP for 12 wks | SMP for 21 wks.

So I was thinking - great I can take the first 6 weeks off and not really be out of pocket as it get 90% of my pay. However my HR dept has interpreted the rules as follows -

As my wife is taking the first 6 months off she wouldn't be 'giving' me her leave until that point - months 7 & 8. And that falls within the period where only SMP is paid.

To me this doesn't sound right. Apparently I would be the 5th man to request SPL so I think I could challenge it.

I doubt we can afford for me to only get paid SMP for even 2 weeks never 6 weeks!

Do you think I have a case to challenge what HR have said?

Thanks in advance.

OP posts:

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ClareB83 · 21/02/2018 15:19

I think they're confusing two things. You are entitled to paternity leave. This is entirely separate to what your wife is doing. What is the company policy on this? The legal minimum is two weeks with stat pay. I know firms who offer 6 months full pay.

Separately to this you are thinking of doing shared parental leave. If you use that then it's relevant how long your wife has already had off and you may well only be entitled to stat if she has used the full pay period.

AssassinatedBeauty · 21/02/2018 15:19

My understanding is the same as your HR department, unfortunately. I think it's one of the reasons that the take up has been minimal.

Tyress · 21/02/2018 15:21

The HR is right.
90% for the FIRST 6 weeks so only ONE will get it.

Original poster

greenman99 · 21/02/2018 15:48

ClareB83 Assass Tyress

Thanks for your responses.

Yes I can take two weeks paternity leave - 1 week at full pay and 1 unpaid or perhaps at SMP.

If HR are correct that is a shame - I can't afford to take 6 weeks at SMP. Like you say Assassinated not many people can and take up has been minimal.

I have 3 older children and had hoped leave had improved since then - but no really at all in effect unless you've got an employer who pays amazing maternity / SP Pay!

OP posts:

Didntcomeheretofuckspiders · 21/02/2018 16:03

Your employer is right. Your wife is in effect ‘giving you’ her unused weeks of maternity leave so you get SMP for these.

BunnyTeapot · 21/02/2018 23:19

HR are right. If both parents where going to get SMP & 90% of their wage people would never be at work. They're not going to pay for you both to have the same time off (other than the paternity leave)

DaisyLand · 22/02/2018 07:44

I’m with other pps.
I’m due in April. I’ll be on mat leave April - October (6 first weeks 90% and rest statutory) and in October my dh will start the leave at statutory rate. Instead of me bringing home the statutory money he’ll be the one.
For us works similar as we earn more or less the same (me being the high earner)

BakedBeans47 · 22/02/2018 07:49

You also wouldn’t be able to take SPL for the first two weeks after the birth as your wife has to have 2 weeks compulsory mat leave. If you want to be off in the first two weeks you’ll need to take paternity leave (or holiday)

pitterpatterrain · 22/02/2018 07:53

One angle could be to ask them to benchmark/update their policies? We have recently had a refresh and now SPL gets 6 weeks full pay in and of itself

Do you have contacts in similar companies who can give you some informal benchmarks that hopefully (!) highlight they are not up to scratch?

dementedpixie · 22/02/2018 07:54

This is why take up is so low. It's just not financially viable!

ClareB83 · 22/02/2018 07:59

I love how it's 'not financially viable' for the man to take stat pay. I know it's often the man who earns more but not always and yet if you're breastfeeding it's not all that easy for the woman to go back to work and yet somehow we find a way to make that viable.

PotteringAlong · 22/02/2018 08:00

Yup! We looked at it and almost immediately dismissed it as financially unworkable.

CheesecakeAddict · 22/02/2018 08:10

HR are correct I'm afraid.
You'll get paternity leave as normal but you can't take shared parental leave at the same time. The mother has to give notice of returning back and transfers the remaining time to you. Because it's the remaining time, you are not starting the time all over again, you don't get paid as if had started again.

lightcola · 22/02/2018 08:18

With my first my DH had an agreement with work that he could take 2 weeks annual leave after the 2 weeks paternity leave. So he had 4 weeks in total with us. Is that a possibility?

Spam88 · 22/02/2018 08:23

Another one confused about the blanket statements about SPL being financially unviable, what's the difference between that and the mother taking mat leave...?

But yes OP, your HR department are right as I understand it.

dementedpixie · 22/02/2018 08:27

My dh didn't take paternity leave/pay as he only got statutory. He took annual leave instead. You can take shared leave at the same time btw

LisaSimpsonsbff · 22/02/2018 08:28

The one thing I would question your HR about is - under what circumstances could you ever use that shared parental leave allowance, then? Given that the mother legally has to have at least the first two weeks, the offer of the first six weeks at 90% appears to be a rather empty one as the absolute maximum you could use is 4 of them.

Pittcuecothecookbook · 22/02/2018 08:28

Bakedbeans, that's not true as mother and father can take SPL at the same time. However, if you get 2 weeks paternity, you do need to use that before any SPL.

Agree about the the financial viability- u less you are earning a huge amount more than your wife, it's unlikely to be the difference between being able to pay the mortgage etc. People on all salaries have kids, some where the father earns 140£ a week every week. It doesn't make it 'unviable'. You could try saving more or taking a mortgage holiday?

LauraO1905 · 22/02/2018 08:29

You can take shared parental leave at the same time, but only one can get the full/90% pay, and the 4-6 weeks will come off your wife's entitlement at the end which would be statutory maternity pay.

My husband and I will be doing SPL but we both work for the same organisation so a bit easier to work out entitlements.

We are entitled to 18 weeks full pay then stat for the remaining 22 weeks. I am taking the first 10 weeks at full pay, I will then return to work for 8 weeks and my husband will take that time off at full pay (I work part time so will have both of us home half the time), then I will take the remaining 22 weeks at stat pay.

Creatureofthenight · 22/02/2018 08:30

Spam I would imagine it’s financially unviable where the father has a higher paid job. My DH is having a month of SPL when I return to work but we will be into the unpaid bit then so we will find it tough without his wage - that’s why he’s not taking his full entitlement.

dementedpixie · 22/02/2018 08:32

www.workingfamilies.org.uk/articles/shared-parental-leave-sharing-leave-with-a-partner-or-splitting-up-leave/

LisaSimpsonsbff · 22/02/2018 08:32

Another one confused about the blanket statements about SPL being financially unviable, what's the difference between that and the mother taking mat leave...?

All the discussions about SPL on Mumsnet are always full of the assumption that all men earn a fortune and all women earn a pittance. That isn't true of any couple I know in real life, especially having their first baby, but it seems to be the Mumsnet standard.

Makingworkwork · 22/02/2018 08:32

I would imagine it was not financially viable for most couples if both parents are on parental leave at the same time.

Men do, on average, earn more than women do for many heterosexual couples there is a bigger financially hit if men take up shared parental leave.

DryIce · 22/02/2018 08:40

As I understand it, the government SPL is 6 weeks at 90% pay and the statutory pay irrespective of whether you or your wife take it. Just not both of you, which seems fair as it is shared leave - i.e. one block of leave that you can share.

I also find it very telling how men snort with derision when they discover this and proclaim it ridiculous and unfeasible - even to take 6 weeks. When this is the exact same deal women have been being offered, and they are considered lucky and frequently take 9 or 12 months!

LisaSimpsonsbff · 22/02/2018 08:46

dryice I completely agree. There was this article in the Guardian the other day which I found infuriating: www.theguardian.com/commentisfree/2018/feb/15/men-share-parental-leave-entitlement-women-equality-fathers

Apparently offering men shared parental leave at exactly the same rates as women isn't good enough. Once you get past the first six weeks the statutory provision is identical - and we don't see a tonne of women going back to work at 6 weeks because '£140 a week? What a joke!'. But apparently it's ridiculous to expect a man to do that.

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