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Original poster

Maternity Leave Confusion

33 replies

bubblybrit · 15/12/2021 16:50

Just looking for a little guidance if you don’t mind as my HR department is beyond useless and won’t/can’t give me a straight answer.

My baby is due 31st March so I’ll be taking maternity leave from 14th March. I will be taking the full 52 weeks.

My work offers 26 weeks enhanced pay before dropping to SMP for 13 weeks and then unpaid for the remaining 13 weeks.

Their online guide also states that anyone can take 26 weeks paternal leave (this have done away with maternity leave, paternity leave, adoption leave etc and now falls under the one umbrella of ‘paternal leave’).

My DH also works for the same company so I asked whether he would be eligible to also take up to 26 weeks paid leave or whether this would impact my own leave/pay.

They have said no. It would only impact my leave/pay if we selected shared parental leave.

I might be a little bit silly here but I’m really confused about this!

Any guidance would be appreciated as DH would like to take additional leave but not if there is a possibility that it would reduce my pay/leave.

OP posts:
dementedpixie · 15/12/2021 17:00

Surely he would only get the extra leave if you cut your leave short to create it. Would they really give him 26 weeks leave while you were also off for 1 year? I really doubt that's true

UghFletcher · 15/12/2021 17:02

He won't be allowed off at the same time as you, that's why it's shared parental leave. You share the time between you so you could take 26 weeks and go back and he could take 26 weeks but you can't both be off at the same time if you're 'sharing' the overall leave

Viviennemary · 15/12/2021 17:05

I agree with the others. He wont be allowed an additional 26 weeks if you are taking full leave. You would need to lose the equivalent amount of leave he takes.

dementedpixie · 15/12/2021 17:05

@UghFletcher

He won't be allowed off at the same time as you, that's why it's shared parental leave. You share the time between you so you could take 26 weeks and go back and he could take 26 weeks but you can't both be off at the same time if you're 'sharing' the overall leave
This is not true If you take shared parental leave you can be off at the same time or off at different times. The mother needs to cut short her leave in order to create the leave for the father to take
Viviennemary · 15/12/2021 17:07

But AFAIK you can be off at the same time but the double amount would come off the leave allowance.

Original poster
bubblybrit · 15/12/2021 17:10

@dementedpixie. That is exactly the point that I’m trying to make with HR but they have responded twice to say that he is entitled to up to 26 weeks paid leave without any impact on my maternity leave/pay. This can’t be right in my opinion and it appears that the department no longer takes phone calls and everything is online so can’t even talk it through with anyone.

@UghFletcher. HR have said that this new ‘parental leave’ policy is different from shared parental leave. You can choose one or the other 😬 my brain is fried as DH needs to confirm dates with HR ASAP (but doesn’t want to do anything to impact me) and they are being as clear as mud!

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Original poster
bubblybrit · 15/12/2021 17:11

That’s what I originally thought until they responded otherwise @Viviennemary

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dementedpixie · 15/12/2021 17:12

Do you have access to the policy to see the wording?

MrsCremuel · 15/12/2021 17:14

It sounds like this is a policy additional to SPL and an enhanced offering which all companies can offer.

Original poster
bubblybrit · 15/12/2021 17:16

@dementedpixie. I have access to the policy but it’s the most badly worded policy I’ve ever seen. I’ve been back and forward to HR all week and they respond with one line. I’ve asked if they have a number that I can call but they haven’t bothered responding to that as of yet.

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dementedpixie · 15/12/2021 17:16

Nobody can really advise you as it sounds like a policy that is specific to your employer.

Viviennemary · 15/12/2021 17:19

I'm not an expert but sounds as if somebody in HR is getting it wrong. Either one person takes all the leave or its shared. One person can't take all the leave then the other partner gets their allowance too AFAIK.

Twizbe · 15/12/2021 17:22

Ah so are they offering all parents 26 weeks of paid leave in addition to your stat maternity pay or his paternity pay?

If so crack on and enjoy his long leave though if possible I'd suggest he does his 2 weeks paternity leave and saves the 26 weeks for later on when you either return to work after 52 weeks or as close to that as possible.

Original poster
bubblybrit · 15/12/2021 17:25

@MrsCremuel. That seems to be what HR are trying to say but seems too good to be true?

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Original poster
bubblybrit · 15/12/2021 17:27

@dementedpixie. I think I’ll need to raise through my manager to be sure as he is able to call senior colleagues within HR for such issues whereas I’m not permitted to do so!

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Original poster
bubblybrit · 15/12/2021 17:28

That’s seems to be what they are implying @Twizbe but I’d really like to make sure.

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Spindelina · 15/12/2021 17:30

If your DH is under time pressure to respond, can his response include quotes from the correspondence you've had with HR?

So he says "this is how we've been told it works; on that basis I want to do the following:"

Then if they backtrack, he has room to backtrack as well.

123feraverto · 15/12/2021 17:30

I'm taking full 52weeks - nhs nurse
My partner had 16weeks paternity leave
Which didn't effect my leave at all

Original poster
bubblybrit · 15/12/2021 17:34

@Spindelina. They have asked him to respond by cob tomorrow in order to qualify for any paid leave. I can forward the email chain to him I guess as at least it’s in black and white.

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Original poster
bubblybrit · 15/12/2021 17:35

Does you partner work for the nhs as well @123feraverto?

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Soontobe60 · 15/12/2021 17:37

The way I’ve had it explained is that the mat leave is linked to the baby, so, in effect, the baby gets a total of 52 weeks of one, or both parents either separately or together.
A teacher colleague and his lecturer husband adopted and he had 14 weeks’ mat leave which ended at the start of the Easter holidays and his husband then took further mat leave at the end of his Easter hols. The 3 weeks of the holidays were not included in the number of mat leave weeks. They took the full paid entitlement but it basically lasted a full year.

Sewannoying · 15/12/2021 18:38

I think pp are advising on the basis of statutory rights, when this sounds like it’s a perk offered by your employer, which they are perfectly at liberty to do, as long as it’s not giving you fewer rights. Sounds like a good employer.

MrsCremuel · 15/12/2021 20:43

Excellent OP sounds like a perk offered by the employer then as previous post has said. This is unusual but it is becoming more and more common, a friend of mine gets six months leave too including the two weeks paternity but the rest is just at them companies discretion.

You have a forwardthinking employer!

JustWonderingIfYou · 15/12/2021 20:50

Just sounds like they offer enhanced paternity leave. Fairly common nowadays with decent companies. Nothing to do with your leave. Imagine you didn't work for the same company. He gets it as part of his benefit package. Same as travel insurance or dental etc.

Original poster
bubblybrit · 15/12/2021 21:18

Thank you for all your replies. I think that’s why I’m getting muddled as comparing the enhanced package to the standard leave!

I’ll ask my manager to confirm with HR and see if he gets the same response as I did.

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