Shared parental leave - need advise

[amywhattodo]

Please help, I can’t grasp it and I’m hoping one of you guys can advise me who is well versed in this. Maybe I can provide all the details to you and you can advise if I’m eligible.
im 22 weeks pregnant
I have been self-employed with my own business and paying myself through that (approx
£350 per month) for the past 1.5 years .
Only 1 month ago, I have started working on a PAYE job.
My partner is in full time employed same PAYE employer for 2 years .

I need my partner to be with the baby as I am not entitled to maternity pay and will probably need to get back into work shortly after the baby is born.

What is the eligibility for shared parental leave here? He only gets 2 weeks paternity pay/leave.
but given the information above, is he eligible for 6 months pay?

Really appreciate it

Thank you.

even if I’m classified as a worker, he should be able benefit from the occupational shared parental pay from him employer?

As you are now employed on Paye you are entitled to maternity leave but not SMP. You should be able to get maternity allowance though. You won't qualify for shared leave and shared pay but your partner might. You would stay on maternity leave and maternity allowance while he takes shared leave and pay. You need to cut short your maternity leave and maternity allowance period to free up the time for him to take.

It's up to his employer as to whether it's statutory shared pay or enhanced pay.

The maternity action website gives more in depth info compared to the government site

@dementedpixie
i am fine to curtail my maternity leave no problem as look as he gets his SHPP.

I now have further clarity on my situation as discovered my partner is entitled to Occupational SHPP in his employment contract. Just praying my circumstances dont ruin that. Although I have been self-employed with my own business and paying myself through that (approx £350 / £500 per month) for the past 1.5 years .My company is just me, and i've been paying myself, so i've done all the work and services myself,.

Only 1 month ago, I have started working on a PAYE job for more money and security to come back to once the baby is born.

My partner is in full time employment with a PAYE employer for 2 years and it states in his contract he can get Occupational SHPP.

I need my partner to be home with the baby (but be paid by his work) as I am not entitled to maternity pay obviously after just 1 month and will need to get back into work shortly after the baby is born to release some financial burden so will curtail my maternity leave earlier that year. I rely on his employer to give him pay for those 37 weeks at the full average (first 6 weeks)

Is he entitled to his occupational SHPP given i have been self employed in my own business for the majority of 26 weeks?

Really appreciate you responding to me.

It has to be your current employer, are you still paying yourself through your company as well as being paid by your current job?

You should be entitled to maternity allowance which is the same amount per week as statutory maternity pay

@BuffaloCauliflower hey, yes still self employed and with paye job but my concern is whether my self employment status ( which is the majority of the 26 weeks ) would affect his occupational shared parental pay.
not really bothered about maternity allowance but more his Occupational shpp if that makes sense . ( as i plan to get back in to work shortly after baby is born so will curtail my maternity leave but would be good if he has longer with the baby )

You will get maternity allowance so won't be unpaid.

Eligibility
You can get Maternity Allowance for 39 weeks if in the 66 weeks before your baby’s due, you’ve been:

• employed or registered as self-employed for at least 26 weeks
• earning (or classed as earning) £30 a week or more in at least 13 weeks - the weeks do not have to be together

You may still qualify if you’ve recently stopped working. It does not matter if you had different jobs or periods of unemployment.

*

By my reckoning he should qualify for shared leave and pay even though you dont and you stay on maternity leave and get maternity allowance instead:

Do I qualify for shared parental leave?

The parent who is going to take SPL must be an employee and must meet the continuity of employment test:

• you must have been continuously employed by the same employer for at least 26 weeks up to the end of the qualifying week (the 15th week before the expected week of childbirth), and

you must still be employed by the same employer in the week before your shared parental leave is due to start. You must also have a partner who meets the employment and earnings test (this will be your partner)

• Your partner must have been employed or self- employed for at least 26 weeks (not necessarily continuously) in the period of 66 weeks leading up to the expected week of childbirth and must have earned at least £30 a week on average in 13 of those weeks (this would be you)

@dementedpixie

thats good news then? so will he be entitled to his Occupational SHPP even under my circumstances?

His occupational leave from his employment contract is up to 37 weeks (first 6 weeks paid in full and then halved)
thats why really want to make sure he benefits from the pay @dementedpixie
maternity allowance wont get me far if i stay off leave for long its his occupational leave that is vital here really.