Maternity Leave Confusion

[bubblybrit]

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.

My neighbours husband got 26 weeks paid leave in addition to her maternity leave, so it's definitely possible

It's definitely possible and amazing if true but I would make sure you both have it in writing.

Our company gives dads 6 months paternity leave on full pay. Their partners maternity arrangements are irrelevant.

@bubblybrit it’s 100% correct, you’re both very lucky to have enhanced packages.

You’re treated as separate individuals with paternity and maternity leave. You have to start yours at the latest, the day the baby is born.

As paternity is enhanced the company may put stipulations on when it can be used. (My husband can take two weeks off in one go then the rest can be broken up and taken across the next 12 months)

I would suggest liaising with HR to see if there are any specific terms and making some suggestions if they are happy (ie can he take it once you’re finished your six months full pay so you have time off? Can he take it a year later to extend the amount of time you’ll have a larger income whilst not needing childcare etc).

I think it's confusing because you both work for the same company.

Does the company offer all fathers 26 weeks paid leave? If so it won't be linked to your maternity pay.

They have stated it's a separate policy to shared leave.

From what you've said it sounds like a very generous employer paternity leave policy that your DH qualifies for in his own right. You working at the same company makes it seem muddled but if you worked elsewhere it sounds like he would get the leave without it affecting you. Obviously difficult to be sure without seeing the policy.
If that is the case then congratulations to you both - that could be a lovely first six months you get as a family without work to worry about!

"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."

Sounds like they've been pretty clear, and have, in fact, given you a straight answer?

Shared Parental leave is a statutory thing and requires you to curtail your maternity leave and share it. An employer-offered enhanced package of 26 weeks paid leave to any parent, regardless of whether it's the mother, father, adopted parent or whatever, doesn't require that.

They couldn't put a condition on the enhanced package they are offering without having been clear about it in the policy/contract.

Thank you to all who have replied.

I managed to speak with HR this afternoon. It has very much been confirmed that the enhanced leave is available for all. Therefore, DH and I are both eligible to take up to 26 weeks paid leave with no impact on my period of leave/payments.

Great news!

DH will never be able to take the full 26 weeks given the nature of his role but he will definitely be able to take more than the standard 2 weeks paternity leave.