Shared Parental leave

I've done a fair bit of digging but I can't find a solid answer to what I want. I work for a large corporation, my wife works for a small family run business. She's due to give birth the end of August this year, and we are looking into doing the Shared Parental Leave thing. Now, thing is, my company offers a fantastic Maternity Pay package, with full pay for up to 18 weeks, then 90% for three months and then stat pay after, whereas my wife's company offer bare minimum with no bells and whistles, just the stat stuff. Now my question, my wife wants 12 weeks, which is fine, but she's then said because of the package my company supplies, that I should get the 18 weeks after she's finished with her 12. I've spoken to my HR department, via email, and they've basically turned around to me and said "Because your partner doesn't work for us, we will not be offering you any part of the maternity pay we do, other than stat." Is that right? Can they do that? Is there a way she can end her maternity, and I can start one in order for us to get this package? 

Thanks. 

Replies

  • Gavin83Gavin83 Forumite
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    What does your contract/employee handbook say in regards to paternity leave? Does it include such a term about your wife working for them?
  • cheeky-peachcheeky-peach Forumite
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    The Mat Leave your company offers will not be applicable to you as you can't take 'Mat Leave' as such. Does your company
    have any policies around SPL? 

    I'm currently on Mat Leave receiving full pay for 26 weeks (very good!) then my husband's company have a Shared Parental Leave policy in place so he can get 3 months full pay up to the 9 month mark. These are both seperate policies from our own individual workplaces.
  • sherambersheramber Forumite
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    .Maternity pay is paid to the mother by her employer as part of her contract of employment. Your wife doesn't work for them so her contract of employment has nothing to do with your employer. They don't pay her wages.
    Your contract would have to include  a similar payment for your employer to pay it to you. If it   doesn't then they are only required to pay the statutory amount.
  • Shaun4WilsonShaun4Wilson Forumite
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    So sounds like my HR department aren't being entirely truthful with me then? They're saying because she doesn't work for them, I have to follow the rules of her leave and not my companies. 
  • edited 28 March 2020 at 6:29PM
    unforeseenunforeseen Forumite
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    edited 28 March 2020 at 6:29PM
    It sounds like they are talking about statutory paternity leave and pay
  • FireflyawayFireflyaway Forumite
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    Maternity leave is different from parental leave. You will have to take whatever parental leave deal your company offers and your wife whatever her company offers in terms of maternity pay / leave. 
  • edited 29 March 2020 at 9:52PM
    cheeky-peachcheeky-peach Forumite
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    edited 29 March 2020 at 9:52PM
    So sounds like my HR department aren't being entirely truthful with me then? They're saying because she doesn't work for them, I have to follow the rules of her leave and not my companies. 
    They are correct in the sense that you aren't eligible for maternity leave as you aren't the maternal mother (your partner is) and she doesn't work for them. I would ask explicitly for their policy on shared parental leave. You may be entitled to leave, but no pay etc. Also, I am of the understanding that whereas most employers support SPL, some many not or may do but not pay you the same. This is not the same as maternity or paternity leave. 
  • sherambersheramber Forumite
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    check out shared paternal leave here https://www.gov.uk/shared-parental-leave-and-pay
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