shared parental leave/pay when self employed creative

[ladycarlotta]

Hi,

our first baby's due at the beginning of March and I'd like to go for shared parental leave for me and DP. He is employed full-time by the NHS, but I'm a writer registered as self-employed sole trader. I never get paid a wage, but instead an advance on my work by publishers, out of which lump sum I 'pay' myself the same monthly amount as my partner gets from his salaried job. I pay NI contributions and tax.

If I can sell another book before the baby comes (this is the plan), I won't need maternity leave; I'll have the money anyway and can give all the shared leave to my partner instead so he could be home with us.

I'm slightly at sea in terms of who I need to tell about my initial maternity leave, and whether my earnings are well-enough documented to claim parental leave, eg I can't prove that I've worked at least 26 weeks this year because my job doesn't work that way. Are my NI contributions enough evidence?
I also don't know if it's a bit cheeky to allocate all the parental leave to my partner when I'd really be home all the time anyway. It would be great to start writing again quick-ish, but I want to be realistic about how likely that really is with a new baby.

If you're up to date with NI and are self-employed, there's no earnings evidence needed.

If you're self-employed then you don't get shared parental leave, as you don't get maternity leave. Obviously you can choose to take time off, claim maternity allowance etc, but as far as I am aware shared leave is an option if you're both employed.
As for claiming maternity allowance, as a self-employed person it depends on how much class 2 NI you've paid over the test period. If you've paid it for a certain number of weeks then you're entitled to the "full" amount of maternity allowance.

Sorry, pressed post too soon!

'A self-employed woman is treated as having the following earnings regardless of the amount you actually earn:

If you pay a class 2 NI contribution, you will be treated as earning £145.18 a week (April 2018-April 2019). You will be entitled to MA of £145.18 per week.'

As to the shared parental leave question, this might help: www.maternityaction.org.uk/advice-2/mums-dads-scenarios/shared-parental-leave-and-pay/#maternity-allowance-and-shared-parental-leave

There is a useful questionnaire somewhere on the direct.gov website which shows what you're entitled to, both in terms of leave and maternity pay/allowance.
I am in a similar situation - self-employed sole trader, husband employed full time and I am entitled to maternity allowance only, husband is entitled to 2 weeks paternity leave only. I am taking time off, but obviously at cost to my business etc.

You can definitely share the leave if you would be entitled to the maternity allowance. It's not cheeky at all, if your DH can have it then he might as well (and speaking from experience, it is sooo much easier with two of you!!)

Thanks so much guys. @WhoAteAllTheDinosaurs - that's disappointing not to be eligible; I filled out the questionaire on the gov.uk website which said that I could claim shared parental. Maybe I've misunderstood. Although it seems to be backed up by the link @Celebelly posted and by @darceybussell - maternity allowance is shareable?

Ah maybe it is? Those links seem to suggest it?

What I meant was as long as you meet the requirements for maternity allowance you should be able to sacrifice it and your DH will then be entitled to shared parental leave from his employer. But you can only sacrifice it and allow him to claim the SPL if you meet the requirements (as I understand it, a genuinely self employed person who earns over a certain threshold qualifies, but a stay at home Mum wouldn't qualify).

The terms will be according to his employer's policy but he should be entitled to at least the statutory amount.

@darceybussell yep that's definitely how I'm reading it too! I think basically what it means is that I wouldn't be entitled to claim shared parental leave (eg if I had a partner who gave birth), but I can give my statutory maternity allowance to my employed partner.

@whoateallthedinosaurs I think we might both be in luck...