Shared parental leave.

T4taylor

Hi there,
Does anyone know if this example would be possible on shared parental leave...
Baby is due 6th December, mother takes maternity leave from the week before this, for 39 weeks- until statutory maternity pay ends.
Mother informs employer she wishes maternity leave to end 2nd September (after 39 weeks) but then wishes to begin accrued annual leave for 6 weeks.
Can father take shared parental leave at the time mother is on accrued annual leave to use up some of the remaining 11 weeks available?

unforeseen

As I understand it the mother must return to work for SPL to start. I don't think immediately taking holidays counts as returning to work for obvious reasons.

There is nothing to stop both parents taking SPL at the same time.

https://www.gov.uk/shared-parental-leave-and-pay/when-you-can-start

T4taylor

Thanks unforeseen, I understand annual leave is not being at work but I would be back on the payroll and straight after mat leave is the only time I am permitted to take it as I work in a university and our new holiday allocation starts in September so I would lose it if I did not commence it then.
I know both parents can take it together but we would need 1 full time wage coming in due to our outgoings. I have already checked the gov website and it doesn’t say anything about annual leave and spl, except that it is accrued while the mother is on mat leave.

unforeseen

Everything I find points to annual leave not being considered as returning to work for SPL purposes

JIL

I have a different view, I don't see why taking accrued annual leave is not "being back at work" I have dealt with a number of pregnant ladies recently in my workplace, their paid maternity period ends and then they take leave. They are seen as officially back at work. I read that by giving notice to end the maternity leave, means that what you propose is fine.

In the employers guide it says

Starting Shared Parental Leave
For Shared Parental Leave (SPL) to start, the mother or adopter must do one of the following:

End their maternity or adoption leave by returning to work

Give you ;binding notice; (a decision that cannot normally be changed) of the date when they will end their maternity or adoption leave

End maternity pay or Maternity Allowance (if they are not entitled to maternity leave, for example they are an agency worker or self-employed)


https://www.gov.uk/shared-parental-leave-and-pay-employer-guide/starting-shared-parental-leave


I also knew a man who took shared paternity leave and took his three weeks in the summer holidays, his wife was a teacher, so she was also off.

selement

My understanding of shared parental leave is that you are allowed to be off at the same time should you choose as long as your return to work date is agreed so I think being on annual leave would be allowed but worth checking with your place of work. I'm sure you are already aware that after 39weeks of maternity leave spl will be unpaid

unforeseen

From Simpson Millar solicitors on Maternity rights

You will continue to accrue holiday during maternity leave. In some cases, your employer can insist that you take this on the back of your maternity leave, delaying your return to work

my bold

Return to work is being interpreted as physically being back in the workplace which is the plain English interpretation of the phrase.

Kynthia

Having been on two maternity leaves I can confirm that being on annual leave is considered as being back at work as you are no longer on maternity leave. The quote above should probably be changed to say "delaying your return to your workplace".

theoretica

So, the family may need to invoke the 'giving binding notice' of the date maternity leave will end, rather than the 'returning to work' clause. The same practical result, just different words about it.



Do both parents work for the same organisation? If not, practically speaking, the father's employer won't care if the mother is at her desk or on holiday.

unforeseen

Kynthia wrote: »

Having been on two maternity leaves I can confirm that being on annual leave is considered as being back at work as you are no longer on maternity leave. The quote above should probably be changed to say "delaying your return to your workplace".

Could well be how the employer interprets 'return to work'

You return to work at the end of annual leave by attending work. Why should other types of leave be interpreted differently.

Similar happens with annual leave after sick leave. Lots of companies insist that you have to return to work I. E. attend work, even if only for one day, at the end of sick leave to terminate that type of leave before taking annual leave otherwise you are considered to still be on sick leave. There was a recent thread with this situation.

onlyroz

With shared parental leave can't you take it in batches? So the mother takes say 8 months leave, 1 month holiday and then 1 month leave. Then dad takes 3 months leave for the last 3 months of this. I don't see the issue as long as the total parental leave doesn't exceed 12 months.