Shared Parental Leave - Impact on Enhanced Maternity Pay

meritedglobe

Hello

My husband and I have a baby due 3 months from now. As he only recently started a new job, he is not entitled to statutory paternity leave from his employer. He has 9 days of pro rata leave that he is planning to take but ideally would like a longer period of time off work - he has requested additional unpaid leave from his employer but they are unwilling to offer.

We have been looking at shared parental leave as an option and think we meet all the eligibility requirements (I meet the 'continuity of employment test' and he meets the 'employment and earnings test'). Our understanding is that if I notify my employer that I only wish to take 39 weeks maternity leave (which is what I was planning on taking anyway) then the remaining 13 weeks transfer to him and he would be able to use these after the birth.

Our question really is around how this impacts on my enhanced maternity pay. I get 90% pay for 12 weeks before going on to SMP. If my husband were to take shared parental leave within this 12 weeks, would that impact on my enhanced maternity pay?

We're aware that any shared parental leave he takes would be unpaid, which is fine, we just don't want to lose out on my enhanced pay for the first 12 weeks. If anyone is able to offer any clarification it would be much appreciated. Many thanks!

Comms69

It’s something you should ask your employer about; just remember though your husbands employer might decide its easier to sack him than wait 13 weeks...

tizerbelle

When you start shared parental leave/pay you end maternity leave/pay. Both parents have to be on ShPL - not one on maternity and one on ShPL. You need to see what your employers shared parental leave/pay policy is - does it allow for the same enhanced pay in the first 12 weeks or is it a lower amount?

mattpaint

Comms69 wrote: »

It’s something you should ask your employer about; just remember though your husbands employer might decide its easier to sack him than wait 13 weeks...

And they would be setting themselves up for a large payout at an employment tribunal if it even looks like they've done this.

Kynthia

I looked at shared parental leave but I would have lost all my enhanced maternity pay. I don't know if it would have been fine to do once my enhanced pay ended. The only way to know is to check with your employer.

JIL

Here is the employers guide

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

Comms69

mattpaint wrote: »

And they would be setting themselves up for a large payout at an employment tribunal if it even looks like they've done this.

not really, he's been there less than 2 years, it would be very simple to get rid of him.