Shared parental leave question

[HRquestions123]

Any HR experts here? (NC for privacy)

I’m 40 and pregnant with my last baby. DH and I would like to do shared parental leave. If I decide not to go back to work (that is, resign) at the end of my mat leave, does DH have to give that time back? I know I would have to pay my OMP back, but what about the portion of time that is shared between DH and I?

I’m not an expert, but I have looked into in quite a lot for my own use. I’m not 100%, but if it was just using the statutory shared parental pay for him (that is, when he isn’t working he just earns the statutory gov pay) I wouldn’t have thought so but hopefully someone with more certainty will come along!

I would imagine that if his company paid more than statutory for shared parental leave (some do) that would be linked to him not you regarding going back to work.

Thank you. Yes, I can’t imagine he’d have to pay the “time” back? We are less concerned with having to pay back a month or so of OMP and more concerned that he’ll somehow have to do unpaid time if he takes some of my leave allotment if I don’t return.

I wouldn’t have thought so, if you were taking normal maternity you wouldn’t have to pay the time or statutory element back, as you say just any additional occupational pay if that is what is in your contract. Not much help I know as I’m not certain, but I can’t imagine it!