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Changing job on mat leave & shared parental leave

1 reply

VJ88 · 07/10/2024 09:38

Hi folks, I've been head hunted while on leave. I think that if I were to change jobs before my 52 weeks of leave is up, that renders us ineligible for shared parental leave. Is thet correct? The wording on the gov website confuses me a bit... Both of us must "have been employed continuously by the same employer for at least 26 weeks by the end of the 15th week before the due date
(And) stay with the same employer until you start your SPL"

Our plans was for me to take 39 weeks leave, and then when I return to work my partner would take 13 weeks. If I changed job and started a new one at the 39 weeks, I believe he wouldn't be able to take the SPL. Am I right in thinking I'd have to wait to start a new role until the 52 weeks have been used entirely?

OP posts:
dementedpixie · 07/10/2024 15:00

This suggests he should still be able to take it as you have cut short your leave to free it up for him to take. Double check though.

What happens if we have booked shared parental leave and one of us resigns?
Shared parental leave allows the mother to transfer any untaken maternity leave and pay (SMP or Maternity Allowance) to her partner to take as shared parental leave/pay. Parents can take the leave separately or together. Once the mother has returned to work or given notice to curtail her maternity leave it cannot be revoked, except in very limited circumstances, so it is best to be sure that you or your partner will be able to take the leave booked.
If the parent who is taking shared parental leave resigns, you remain entitled to the shared parental leave you have booked up to the end of your employment. Any Statutory Shared Parental Pay will be payable for the period booked. You will not be entitled to your shared parental leave if you resign and your notice expires before the period of leave you have booked because you must be employed with the same employer up to the start of your leave.

If the mother has not taken all her maternity leave/pay and has transferred it to her partner, she can resign and it will not affect her partner’s entitlement to take shared parental leave/pay
For more information, see Shared Parental Leave and Pay

Shared parental leave and pay - Maternity Action

  January 2024   Shared parental leave allows mothers to end maternity leave/pay early so that one or both parents can take leave in a more flexible way during the baby’s first year. Parents can take time off at the same time or separately.   If you ar...

https://maternityaction.org.uk/advice/shared-parental-leave-and-pay/

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