Shared parental leave- anyone know how to transfer?

[HJ82]

Hello
I'm planning to give my last month of statutory leave to my husband. (Government payment) does anyone know how I transfer is? It's paid to use via our company but it comes from government. I'd like to transfer it so his employer isn't involved. Is that possible? I can't find any info anywhere about how to do this. I just don't think his employer will bother with paper work etc so I'd rather have it paid to him directly from government- if that's possible at all?

No, that's not possible. His employer will need to be involved. Same as your employer - they'll be paying you and getting reimbursed by the government, so you can't bypass them. Your husbands work will need to do the same - get paid via his company and they'll claim it back.

That's not how it works unfortunately, it's his work that will have to pay it and it's based on his work's SPL policy.

As others have said it’s done via company’s.
Does his employer support spl? If not then unluckily can’t be done I believe

If they do then you need to inform your company 8w in advance when do you want to go back to work and at the same Time (I believe) he should inform his employer about his wish to take the leave.

European hasn't got it quite right: shared parental leave is a statutory right so will be supported by his employer.

You will also need to give more notice than 8 weeks in order for your partner to take it. You can take it together if you'd like - that's what me and my husband did. I gave him the last 8 weeks of my entitlement and he took it to follow on from his 2 weeks paternity leave. He also took 3 weeks AL too and so we were both off the first 3 months.

Get your husband to get his parental leave policy and all the info and forms should be included. If not, a quick email to HR should help. You will need to declare your entitlement to his company and he'll need to confirm his intention to your company- there's usually standard forms.

The gov do pay it, but not directly to you.

I had to give 8w but maybe that’s because of my company’s rules. They knew about it as I had told them since the beginning but it wasn’t official until 8w before.

Thought it wasn’t compulsory for companies as per what others posters have said about their partners companies that they weren’t offering it.

You’ve info here www.gov.uk/shared-parental-leave-and-pay/eligibility-for-birth-parents

Do you mean you had to tell them 8 weeks before you returned from maternity? Sorry i may have misunderstood, I thought in your previous post you were saying the dad could give 8 weeks notice of taking spl.
You have to give them more than 8 weeks notice of taking it though. It's usually15 weeks before the week the baby is due.

Like I say, the policies will set it out for you specifically.

Thanks everyone! I was afraid that might be the case. I'm not 100% his employer will do it as he just works shifts in hospitality. Has been at same company for years but it's a small business.

It's not something they can just decide not to bother with if he is a contracted employee. It's like just saying they won't pay maternity pay to a pregnant woman. Speak to ACAS if you need to.

HR person here- As pps have said, employers don't get to decide whether staff can take a continuous block (ie block of x weeks) of SPL or not. Providing staff meet the eligibility criteria and comply with the notification requirements they have a statutory (ie legal) right to take a continuous block of SPL.

Your DP May need to show his employer some information confirming this- he can find it on ACAS website, yougov website or personnel today.

European you might be confusing the statutory right to take shared parental leave with the arrangements for shared parental pay?

Many employers pay the father/ partner the statutory rate of shared parental pay but some choose to enhance it (in the same way that some employers choose to pay enhanced maternity pay rather than just statutory).

@FogCutter I'm pretty sure he wouldn't have a contract of any sort. He thinks if he requested that amount if time off he'd just be replaced. Hospitality industry is like that sadly. Quitting and getting another job isn't an option as he won't get this pay since gov won't pay you directly. 🤷🏼‍♀️

Even if he doesn't have a physical contact there are several 'marpkers' an employment tribunal would consider to concern whether he is a perm member of staff, for instance, length of service, hours worked per week, start date, the way he is paid...

I would really encourage you to speak to acas if his request isn't agreed. Businesses have responsibilities regardless of the sector. They need to pay tax, give annual leave, etc etc, and parental leave is included in their legal responsibilities. Don't let them fob you off if he is eligible

Nowthenforever2019, Sorry no. I might have confused you
25w you need to inform about pregnancy and when taking time off
Due date
Maternity leave
Come back to work - 8 weeks I had to inform my company I was coming back to work and the remaining 26 weeks I was transferring it to my husband.
Come back to work

Thought this was the standard one but maybe it was my company’s rules

Just checked the gov website and the 8w thing is by law
Change your date for returning to work
You must give your employer at least 8 weeks’ notice if you want to change your return to work date.

So that’s why I had to let them know 8w before returning to work that I was going back and that the remaining of the 26w my husband would enjoy them. Think my husband gave 8 as well but can’t temenber as I was abroad on holiday

@HJ82 it sounds like you definitely need to take advice- acas as has been suggested, or you may have legal cover included in home insurance.
If he was a woman he'd be entitled to mar leave, so he's entitled to shared parental leave! It sounds like it will be a battle though- so leaving afterward to work somewhere else might end up being necessary...
It won't cost his employer anything- they will reclaim everything they pay him (Assuming it's the statutory amount), and they may be eligible fir a small amount on top for admin costs.