Can just 1 parent take shared parental leave? Does that affect what the other parent can claim?

taxase7088

My wife is due next month and she is a teacher. She was planning on going on Maternity Leave for a full year and I was planning on doing my work's paternity pay which is 1 weeks full pay and 1 week with nothing (not even statutory paternity pay).

However, we have now heard that its possible for my wife to 'return to work' during the 6 weeks of summer and get paid as if she was working (but actually be off work because its the summer holidays). This is a relief as it would bring it in line with normal jobs where the mother would accrue holiday whilst on maternity leave.

So she is going to ask for a split shared parental leave at work whereby she has a couple of months off; then "works" for the 6 weeks of summer and then goes back to having the rest of the year off. My question is - does this affect my paternity policy? Do I now need to also apply for shared parental leave? (I have no intention of taking the 6 weeks of summer off, just the 2 weeks after the baby is born)

Brie

It's outlined (but not very clearly) on the gov.uk website but yes she can have leave and you can have leave.  As I understand it the max is 52 weeks between the two of you and needs to be taken within a year of the baby's birth.  

unforeseen

I think maternity leave ceases as soon as the parent goes back to work and cannot be restarted.
You can only take up to 10 Kit days without affectinmaternity leaveg

Marcon

Excellent explanation here: https://maternityaction.org.uk/advice/shared-parental-leave-and-pay/

Savvy_Sue

Marcon said:

Excellent explanation here: https://maternityaction.org.uk/advice/shared-parental-leave-and-pay/

I'd read that link very carefully, especially any sections about circumstances in which the employer can refuse a request for SPL. It's also worth bearing in mind that if you take more than Ordinary ML (ie the full year), you lose your right to return to THE SAME JOB.  

I'd suggest too checking with the NUT (or other union) about whether the school could expect your wife to do actual work over the summer holidays. As someone who has always understood that the vast majority of teachers do at least some work through school holidays, I anticipate that it could well be possible. 

Khaderbhai

I did something similar with my wife (although not a teacher). I took weeks off from her maternity leave at 3 specific points in the first year which were agreed, I think the total was 8 weeks so her mat leave was cut short by 8 weeks (but she took those last 8 as annual leave). I think you’d need to make sure it was not a ‘return to work’ for the summer holidays but a ‘use of shared parental leave’ for that period. There was a form to fill out for both employers.

I would recommend, you never get that time again.