Statutory parental pay - can I claim anything in my scenario?

mjgreen81

Hi all,

I have a bit of an unusual situation and trying to work out if I might be able to claim statutory parental pay.

I was due to leave my current employer in March, just as Covid lockdown kicked in. 

Covid pretty much messed up our plans, so I spoke to my employer to see if they wanted me to continue working for them on a temporary basis.  We settled on a deal that we were both happy with and I continued to work for them on a 'casual contract' basis where I get paid by the hour.  This has been ongoing for 5 months or so now.

Forward to today and my wife is expecting our first baby ❤️☺️.  The plan is that I will be the one who does the childcare and my wife will go back to work after 3 or 4 months, possibly on a flexible basis.  She is not planning on taking her full quota of parental leave and understand that it can potentially be shared.

I am wondering whether I might qualify for statutory parental pay if she goes back to work?  Obviously I am on a casual contract basis so I would like to understand if:

A.) I can claim anything on a casual contract?

B.) My employer could end my contract at any time.  Is there a cut off (e.g 2 months before the baby is due where I would still be entitled to claim anything?

I can't quite get my head around if I might be entitled to anything.

Thank you

andreaj1

Hello

In response to your first concern i.e. the ‘casual contract’ - shared parental pay is available to ‘employed earners’, that is, people who are liable to pay Class 1 NICs. This is a wider category of people than those who are classified as employees in employment law. 

To be eligible you would both need to meet certain conditions and this is where things can get complicated:

The parent who is to take SPL must:

• be sharing responsibility with the other parent from the day of the child’s birth 

• be legally classed as an employee

• pass the ‘continuity of employment test’ and their partner must pass the ‘employment and earnings test’

They then have to give their employer notice of SPL entitlement.

Continuity of employment test

The parent who is to take SPL must:

• have worked for the same employer for at least 26 weeks by the end of the 15th week before their baby is due 

• still be working for the same employer at the start of each block of leave they take (your second question)

Employment and earnings test:

Up to the expected birth date or adoption match date, the other parent must have:

• worked for at least 26 of 66 weeks

• earned an average of at least £30 a week in any 13 weeks

There is a specific way (and time limits) that you need to apply and forms to assist you can be found at: https://www.acas.org.uk/shared-parental-leave-forms

Shared parental leave and shared parental pay entitlements are different and that is why this is quite a complex area.  I would suggest that you read: https://www.gov.uk/shared-parental-leave-and-pay-employer-guide and contact ACAS if you need help: acas.org.uk

Regards

Andrea

andreaj1

With regard to shared parental pay, the rules are:

Statutory Shared Parental Pay (ShPP) is either of the following, whichever is lower:

• £151.20 a week

• 90% of the employee's average weekly earnings

Checking eligibility for Shared Parental Pay

To get Statutory Shared Parental Pay (ShPP), the parent must:

• pass the continuity of employment test

• earn at least £120 a week, for 8 weeks before the 15th week of the expected birth or adoption match date

The other parent must meet the employment and earnings test.

Workers, for example agency or zero-hours workers, can be eligible for ShPP if they meet the above criteria. They’re not usually entitled to SPL, but can take time off to care for the child.

Enhanced Shared Parental Leave and Pay

Some employers might offer more than the statutory minimum for SPL.

For example, SPL with 26 weeks’ full pay followed by 13 weeks’ ShPP.

This should be in the employee’s written terms or written in a workplace policy document.

Lanzarote1938

do you presently work from home? If you do it could possibly be carried on whilst looking after a baby. At 4 months old most babies are in a routinne that leaves a fair bit of spare time. I say this as a mother of 4.

mjgreen81

Thanks for the feedback.
I guess this bit is the think I am struggling to get my head round:
__________________________________________

"Continuity of employment test

The parent who is to take SPL must:

• have worked for the same employer for at least 26 weeks by the end of the 15th week before their baby is due 

• still be working for the same employer at the start of each block of leave they take (your second question)"

_____________________________________________

The first part I can understand.  If (for example) I was still working for them on December 1st (and this was 15 weeks before the baby was due, I would qualify.

However, the second part I struggle with.  As I am working for my employer on a casual contract basis (e.g. If I dont want to work tomorrow, I dont have to and likewise, if they dont want me to work tomorrow, they can tell me not to work), what exactly deems whether I work for them or not at the start of 'each block of leave'?  What stops them just terminating our arrangement on the first day that I leave to start SPL?