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Maternity question

Hi,
I don't know if I am posting this in the right area but here goes..
I am a doctor working in the NHS, my wife is due our first baby in end of July. The problem is the guidance is all oriented towards how the mother can take the maternity leave.
My question is where do I stand in taking paternity leave and additional paternity leave as my wife is unemployed and hasn't work for more than a year.
My initial plan was taking 2 weeks ordinary paternity leave when the baby comes, and then taking two months in December.
Sadly, the plan didn't go well as I have been told my employer that they haven't implemented additional paternity policy in the hospital yet..:mad::mad:
So I just wanted to ask where do I stand? and if it goes through how will it affect my pay?

Thanks.

Comments

  • sweetilemon
    sweetilemon Posts: 2,243 Forumite
    Tenth Anniversary Combo Breaker
    edited 19 January 2016 am31 11:07AM
    Your wife can share her maternity leave entitalment with you so if your employer provides enhanced maternity pay this might be a good option. I'm not sure how it works if she's not employed (just read it means she would need to stop her MA earlier to allow you to take shared paternal leave) but I know if you share the leave you could take 26 weeks and she would take 26 weeks (paid - statutory is 39 weeks but your work may do enhanced payments.). ACAS are good for advice, I'd give them a call.

    https://www.gov.uk/shared-parental-leave-and-pay/overview
    If it's the NHS are you able to search it on the internal network? I got most of my information this way (Local authority) and it explains about shared leave.
  • Thank you for the reply. Unfortunately, I emailed the HR department and they haven't written the policy for SPL.
    Thanks for the information, I will look into it.
  • Rambosmum
    Rambosmum Posts: 2,447 Forumite
    Part of the Furniture 1,000 Posts
    umarnazar wrote: »
    Thank you for the reply. Unfortunately, I emailed the HR department and they haven't written the policy for SPL.
    Thanks for the information, I will look into it.

    Then they have to follow the law as a minimum, which means you can take spl but only at smp rate for 37 weeks (2 weeks has to be taken by mum).
  • umarnazar wrote: »
    Thank you for the reply. Unfortunately, I emailed the HR department and they haven't written the policy for SPL.
    Thanks for the information, I will look into it.


    I agree with Rambosmum - its not optional, its now a law. HMRC are able to give you you're rights and assist with helping you and your employer. As rambosmum mentioned, if they haven't written a policy it may just be statutory pay you receive rather than enhanced, however you are able to take the leave.
  • System
    System Posts: 178,227 Community Admin
    10,000 Posts Photogenic Name Dropper
    edited 24 January 2016 am31 10:03AM
    Unless I'm reading it wrong, OP would only be entitled to the basic 2 weeks paternity leave. According to the gov site the rules for additional are
    Additional Paternity Leave and Pay

    The child’s mother or adopter must have qualified for one of these:
    • Statutory Maternity Leave or Pay
    • Maternity Allowance
    • Statutory Adoption Leave or Pay
    They must have returned to work and no longer be getting any of the above.
    The important bit is in bold

    and from another site advising employers
    Partners of women who decide not to return to work will not benefit from the new rights.
    It boils down to the fact that the mother MUST return to work. If the mother is unemployed then father is entitled to no additional leave

    Additional paternity and Shared parental leave have the same conditions

    Eligibility checker - https://www.gov.uk/pay-leave-for-parents Computer say No
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • !!!!!! wrote: »
    Unless I'm reading it wrong, OP would only be entitled to the basic 2 weeks paternity leave. According to the gov site the rules for additional are
    The important bit is in bold

    and from another site advising employers
    It boils down to the fact that the mother MUST return to work. If the mother is unemployed then father is entitled to no additional leave

    Additional paternity and Shared parental leave have the same conditions

    Eligibility checker - https://www.gov.uk/pay-leave-for-parents Computer say No


    Ah, well spotted !!!!!!, hadn't read that bit.
  • My understanding was that with regards to shared parental leave both parents can be off at the same time, but the mum needs to end her maternity leave and go onto shared parental leave/ pay, but as your wife is not working I'm not sure this is an option/ how it works. This acas link may be useful http://m.acas.org.uk/index.aspx?articleid=4911
  • umarnazar wrote: »
    Hi,
    I don't know if I am posting this in the right area but here goes..
    I am a doctor working in the NHS, my wife is due our first baby in end of July. The problem is the guidance is all oriented towards how the mother can take the maternity leave.
    My question is where do I stand in taking paternity leave and additional paternity leave as my wife is unemployed and hasn't work for more than a year.
    My initial plan was taking 2 weeks ordinary paternity leave when the baby comes, and then taking two months in December.
    Sadly, the plan didn't go well as I have been told my employer that they haven't implemented additional paternity policy in the hospital yet..:mad::mad:
    So I just wanted to ask where do I stand? and if it goes through how will it affect my pay?

    Thanks.

    You should consider asking about this on doctors.net.uk as many others will have been in the same position :)
    Current debt: M&S £0(£2K) , Tesco £0 (£1.5K), Car loan 6K (paid off!) Barclaycard £1.5K (interest free for 18 months)
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