Shared parental pay at the same time as maternity pay

calcotti

My instinct is that you can be paid concurrently because, like you, I can’t see anything that says you can’t. Whether or not there is a clear answer, one way or the other, in the technical guide I don’t know.

https://www.acas.org.uk/shared-parental-leave-and-pay/taking-shared-parental-leave

The birth parent or primary adopter must give their employer notice to end their maternity or adoption leave (‘notice of curtailment’) to create an entitlement to SPL.
This could be for a date in the future, which will allow the other parent to take SPL while the birth parent or primary adopter is on maternity or adoption leave.

calcotti

On page 26/27 of the technical guide it says 

If the woman has given notice to end her maternity pay or allowance in advance, the number of weeks of statutory shared parental pay that is potentially available is 39 weeks less the number of weeks that the mother will have claimed SMP or MA on the date she gave in the notice for when she intends to end her SMP or MA. The maximum amount of statutory shared parental pay that is payable (except in the case of death of the mother) is 37 weeks. The same principles apply in the case of adoption where the adopter reduces their statutory adoption pay period.

It seems to me that paragraph only makes sense if payment of the SSPP can start before the mother returns to work. If it could only begin after the return to work it would simply say that.

calcotti

I wonder if ACAS would be able to advise you if you ring them on Monday.

sheramber

For ShPP to start

,..........................

You can start ShPP while your partner is still on maternity pay, adoption pay or Maternity Allowance as long as they’ve given binding notice to end it.

You can give binding notice and say when you plan to take your ShPP at the same time.

 https://www.gov.uk/shared-parental-leave-and-pay/eligibility-for-birth-parents

calcotti

sheramber said:

For ShPP to start

,..........................

You can start ShPP while your partner is still on maternity pay, adoption pay or Maternity Allowance as long as they’ve given binding notice to end it.

You can give binding notice and say when you plan to take your ShPP at the same time.

 https://www.gov.uk/shared-parental-leave-and-pay/eligibility-for-birth-parents

That’s the way OP and I read but his employer says different. You would hope an NHS employer would know the rules but....

poppy10_2

Thrugelmir said:

The mother must return to work, i.e. return after maternity leave for SPL to start. 

That's completely wrong. They have to give notice to end their maternity leave but the mother can remain on shared parental leave (simultaneously with the dad) or use up annual leave rather than returning to work.

unterkunft

Thanks all, I got a call back from HMRC and they agreed with everyone's advice. Spoke to payroll and they have now agreed to pay my parental pay. Thanks all for your help!