Shared Parental Leave and handing in notice - where do we stand?

[SPLMum]

Hello,

Struggling to get a clear answer online so posting in case someone here can help!

DH has submitted a request to take shared parental leave from mid-January for 3 months - he’s taking my final 3 months of Mat leave. Both his employer and mine have agreed. However, DH has decided to leave his job and would like to hand in his notice. He has a 3 month notice period so was hoping to hand in his notice and finish at Xmas, take A/L until his SPL starts (which is already booked), then go on SPL in lieu of working his notice. Cover is arranged for his SPL so company doesn’t ‘need’ him for the 3 month notice period.

I’m not sure whether, if he hands in his notice, his employer can cancel his SPL and force him to work his notice period? Does anyone know?

thanks!

Can't he just stay in his job?

He could but he hates it, and it’s causing him a huge amount of stress anxiety, and negatively impacting our family life. He’s actively looking for a new role but unless he finds one soon he’d likely have to do his SPL then go back to his current job for a month or two, then start the new one. He’d rather take his SPL and not have to go back to his current role at all.

He could find another job on spl? And then hand in notice and take sick leave if it's causing undue stress?

Yes he could find another job on SPL and do as you say but that means either going back to a job he hates when SPL finishes, or trying to get signed off with stress which isn’t a given. It feels neater to agree now that he’ll go on SPL and won’t go back. Which is why I’m asking whether, if he hands in his notice just before his SPL begins, can his employer cancel his SPL and force him to work his notice period?

My understanding is that SPL is a legal entitlement and the employer can’t say no but I’m not positive and the guidance isn’t clear.