Shared Parental Leave - Advice Needed

[DryShampooholic]

My husband is really keen to take 26 weeks of Shared Parental Leave, he will get full pay. I get 12 weeks on Full pay then 27 on SMP. We already plan for me to leave my job at the end of my maternity leave and be SAHM. He wants to do the following
Week 1-12 I get EMP
Week 13 I get SMP
Week 14-26 I’ll be unpaid (I’ll have to resign during this period
Week 27-52 he gets full pay
Is this actually possible, my HR said it’s unlikely, but he’s yet to speak to his

I assume you'll saying he will get full pay because he gets paid paternity leave as part of his contact of employment? If I've assumed correctly then it will depend on his contact.

My other half gets 4 months full paid paternity leave as part of his contact of employment. His contract says that the leave has to be taken before the baby turns 12 months old. If you're OH is in a similar situation only his contract/HR are going to know.

I think you have to be still employed by the company if you want to take SPL, so if you resign/quit you won't be eligible

You can both take it at the same time though

It's a while since I was on maternity leave, but in my job we had to return to work for a certain amount of time to get occupational mat pay. If we didn't go back, we had to repay the money above SMP. Have you checked you can leave without repaying?

Check your husband's policy. My DH is in the public sector and gets some full pay but only for the leave I don't use before baby is 26 weeks

You can both use leave at the same time if you want to. If you split it like you've suggested then you'll have to still be employed to be able to "share" the leave. So don't resign / just be on unpaid SMP. You've said weeks 14-26 you'll be unpaid - you should still be getting SMP at this stage?

Depends on his policy. My DH's work gives 26 weeks full pay, but only for leave taken in the first 26 weeks.

Are you sure you won't have to repay your enhanced pay if you leave?

Your dh will most likely only get full pay during the first 26 and only for the weeks you don't use.

Most companies ask you to work at least 3 months back if claming OMP. Obviously you can take accrued holiday off that. So are you going back when he is off?

My company doesn't require you to return to work after claiming maternity pay, so it is possible yours doesn't either.

SPL policies are really complicated and depend on the company. We are looking at sharing SPL, but I will remain employed. I think the best thing would be if his husband meets with his HR rep to confirm their policy. My husband's company requires that I have worked prior to claiming maternity, but not that I continue to be employed. If he takes SPL while I am entitled to statutory maternity pay (first 9 months) I have to waive my rights to that. Good luck and hope you can sort it out!

Firstly its likely you will have to pay back the enhanced part of mar leave.

Also, I believe (but not 100%) sure that YOU need to be employed. If you arent employed, it's not mat leave. If theres not mat leave theres no shared parental leave.

That's how it worked in my last company. Happy to be corrected though. Husbands of sahm, can take paternity leave. But not shared parental leave.

Why cant you ho back to work while he is off. The you wont pay back the enhanced pay and AND he can take shared parental leave. It will be good for the baby, him and you for him to be in sole charge of the baby.

I think you both have to be employed to get SPL. If you quit your job, he wont get SPL. Unless you mean he's getting Paternity leave, not Shared Parental Leave?
You can both be off at the same time getting SPL, but the weeks/time counts twice as fast - both parents off for 1 week = 2 weeks time.