Shared Parental Leave - right to return to same job

thenap80

Hi guys and gals

I have put in an application for Shared Parental Leave. My wife having taken 26 weeks will be returning to work. I will take the remaining 26 weeks.

I have been told by my employer that it can not be guaranteed that my specific position will be kept open for my return. I am a public sector worker and specifically I am told that I may be taken back at a different base of work, with an entirely different team, despite me being at my current base for 5 years.

Now I read if taking 26 weeks or less, your job should be there still. Is he right to say I may have to work elsewhere as he says my position may be filled in my absence due to demand.

One further question if I may, is, for the amount to be kept below the 26 weeks, should I take off my initial 2 weeks paternity leave that I took when baby was born, making it 24 weeks in effect, so as not to go over the 26 threshold. Or is the paternity a separate entity!

Thanks, you very very helpful bunch!

Comms69

Is your employer saying your position simply wont exist - which is perfectly legal; or that someone else will be doing your job?

theoretica

A quick google says your right to return to the exact same job is for less than 26 weeks leave, including the paternity fortnight.

thenap80

theoretica wrote: »

A quick google says your right to return to the exact same job is for less than 26 weeks leave, including the paternity fortnight.

I read alternative versions after Googling. So in your opinion its 24 weeks plus the 2 weeks paternity??

thenap80

Comms69 wrote: »

Is your employer saying your position simply wont exist - which is perfectly legal; or that someone else will be doing your job?

Someone else will be doing my job, potentially. Not sure if it's just a way of putting me off. But he says my job will be open in the sense same nature, but not at the same place where I am at the moment.

Comms69

thenap80 wrote: »

Someone else will be doing my job, potentially. Not sure if it's just a way of putting me off. But he says my job will be open in the sense same nature, but not at the same place where I am at the moment.

Its hard to say.


What is your job. For example if it's admin support for X, then you could in theory be moved at any point.


If it's Sales Manager for Birmingham, obviously that position is very specific.


Can you provide some more detail?

thenap80

I am a firefighter. So I am told my job is generalised so could be posted to a different station with a different team. Whereas this would not be my choice - I'd rather stay at the station I am at with the people I know.

One more Q please while you are being so helpful. Thanks! ...

I see can take 37 weeks ShPP (39 if include the complulsory two week maternity)... If my wife was paid full pay for three months, half pay by her employer for another three months, ... does the 37 weeks allowance start only after that. That is to say when I start the SPL at the sixth month I can take all of my 26 weeks that I've applied for with ShPP.

Thanks

Comms69

thenap80 wrote: »

I am a firefighter. So I am told my job is generalised so could be posted to a different station with a different team. Whereas this would not be my choice - I'd rather stay at the station I am at with the people I know. - Ok well you're unionised, so if you're a member that would be the best point to start at.

One more Q please while you are being so helpful. Thanks! ...

I see can take 37 weeks ShPP (39 if include the complulsory two week maternity)... If my wife was paid full pay for three months, half pay by her employer for another three months, ... does the 37 weeks allowance start only after that. That is to say when I start the SPL at the sixth month I can take all of my 26 weeks that I've applied for with ShPP.

Thanks

It's a difficult one as your job role wont be changing, it would be down to the location. I'm unfamiliar with the fire service; would it be normal for one to have their location changed at relatively short notice?


Much like a nurse might from one ward to another

thenap80

It would be unheard of really for someone to be told they need to just move, not unless they were applying to move. And I read somewhere that your place of work remains the same, but does that mean generally, like London!

Comms69

thenap80 wrote: »

It would be unheard of really for someone to be told they need to just move, not unless they were applying to move. And I read somewhere that your place of work remains the same, but does that mean generally, like London!

No I just wondered if it was commonplace.


I'd suggest contacting the union, even if you aren't a member; they sometimes take on cases which would benefit their membership