Please help me understand shared parental leave!

[BelleSauvage9]

Hi all, really hoping someone can give me advice on this.

I'm due to start maternity leave soon, baby due 4th June. Have been planning to share my leave with my partner as I'm likely to end up needing a C-section and we have a toddler. So was intending to give him 4 weeks of my leave so he's off for 6 weeks.

I'm unclear whether we actually qualify for shared parental leave 😬

I am only entitled to maternity allowance. This is because I became pregnant while on maternity leave. My qualifying period for smp was during the unpaid portion of my maternity leave so my earnings were £0 during the qualifying period. I am entitled to maternity allowance as I've earned (was actually smp rather than earnings from working) the requirement over the required period.

Partner has been earning decent wage since may/June 2022 (was unemployed for about 6 months before this).

Does anyone know whether these circumstances allow us to take shared parental leave? We're both employees. Happy to give more details if necessary. Really appreciate any help, thanks

I’m not sure but this calculator may help https://www.check-shared-parental-leave.service.gov.uk/nature-of-parenthood

Thanks for response @Stemmingthetide

I did already use that service but the one part of it that I'm unsure of is the question 'did the mother work for at least 26 weeks between this date and this date'. I was employed and in receipt on smp for at least 26 weeks of that period (and properly working for about 9 weeks of it), but does being on smp count as 'work'?

And that question seems to be the decider between whether partner is or isn't entitled to shared leave (along with the question after it about earnings).

In that case you need to ask your employer, I think it’s yes because you were employed and getting SMP but I could be wrong.

Thanks very much @Stemmingthetide I think so too but panicking that I'm wrong! Not got a lot of confidence in the person at work who deals with this stuff as his knowledge of smp wasn't brilliant during last leave and I had to correct him on some things! But will see if he has any idea

Working= being in employment.

@BelleSauvage9 The other option is to try ACAS or Pregnant then Screwed

Thanks 😊

Yeah I was thinking of giving maternity action a call today

As far as I'm aware (currently applying for Shared Parental Leave ourselves) you'll still be entitled to the leave, just not any shared parental pay. Your partner should still be entitled to both, depending on his own employer's rules.

Thanks @curlymam 👍 what exactly does that mean? Will only one of us be able to receive pay during those 4 weeks? Do we choose which of us gets the pay?

https://www.gov.uk/shared-parental-leave-and-pay/eligibility-for-birth-parents

ignore the SMP/SMA for a minute - do you meet the working weeks and earnings criteria here? If so you’re entitled to both leave and pay

@BelleSauvage9 you should be able to claim Maternity Allowance while your partner claims the Shared Parental Pay. Maternity Action were really helpful with us (I only work one day a week so I'm not entitled to pay either).