: How to work out the 15th week before the baby is due If the mother returns to work earlier than the date given in the Curtailment Notice, you cannot create any more ShPP. You will qualify for ShPP if you meet the continuity of employment test and your partner meets the employment and earnings test, see How do I qualify for shared parental leave, above, and: This is the same as the qualifying conditions for Statutory Maternity Pay (SMP) and Statutory Paternity Pay (SPP). The new contract must be suitable and appropriate for you and must be on similar terms and conditions to your old job. You must give at least eight weeksâ notice to book leave. Being a parent is an exciting and rewarding experience. If you're eligible, you and your partner will be paid statutory shared parental pay (ShPP) during the time you're on shared parental leave. Family First Microsoft. You are entitled to return to exactly the same job on the same terms and conditions as you were doing immediately before the start of that period of leave, if you return to work after taking ordinary maternity leave, paternity leave, Parental Leave of four weeks or less, and after SPL where your total leave adds up to 26 weeks or less on aggregate (you have to include any periods of SPL, maternity or paternity leave taken in respect of this baby). You are an âemployed earnerâ if your employer pays you through PAYE and deducts tax and National Insurance contributions at source (or would do if you earned enough to pay it). If your employer asks you for the name and address of your partnerâs employer, you must provide it within14 days. Can I ask to work part-time after taking SPL? SPL can only be taken by employees. If you are off sick within the 39 week pay period you are entitled to claim Maternity Allowance and you should contact Jobcentre Plus. The mother must take at least two weeksâ Maternity Allowance immediately after the birth. This is called a âCurtailment Noticeâ. Use the due date on the MAT B1 maternity certificate for the expected week of childbirth. Emilyâs SMP will now end after 35 weeks (39 – 4 = 35 weeks) or earlier if she starts a new job before week 35. A parent must be employed up to the week in which SPL/ShPP starts, so if the job comes to an end (e.g. These variation notices are non-binding and there is no limit to the number of variation notices that can be, how much ShPP the parents are entitled to (39 weeks minus any SMP taken/to be taken). If the mother is off sick she will go back on to SMP/Maternity Allowance if she is absent from work for a week or more as it continues to run in the background during the 39 week maternity pay period. This protected period ends at the end of maternity leave and does not protect a mother during shared parental, Shared parental leave does not give parents any new rights to additional leave and pay â it simply allows mothers to give up some of their maternity leave/pay and give it to the father/partner. You must give notice by the end of the 30th week of your MA period at the latest. Taking parental leave. Have you checked the conditions? being off at the same time but it is not 50 weeks each. If the father/partner is self-employed s/he will not be able to take SPL/ShPP. For example, if you and your partner want to spend the first six weeks at home together looking after your new baby, the mother can stay on maternity leave and her partner can take SPL or you can both take SPL together. Remember: you can give up to three notices to book or vary your leave. Yes, both parents can be off work at the same time. If you are made redundant during shared parental leave you are entitled to be paid for any annual leave that has accrued up to the end of your employment contract. Mandatory equal parental leave can help level the playing field so both men and women can succeed at home and work. You should not have to attend interviews or selection procedures for the vacant post. 7, state that a parent is entitled to take shared parental leave/ShPP at the same time as the other parent is taking SPL/ShPP, maternity leave or maternity pay. If she takes SPL later in the year and claims ShPP, it will be paid at the flat rate of Â£139.58 per week (or 90% of average earnings if ththis is less than Â£139.58). As an agency worker is not entitled to SPL, you should agree the time off with the agency and the employer you are working for. Both of you might also be able to use Shared Parental Leave and Pay to take time off. Neither you nor your employer can insist on working SPLIT days, for more information, see Keeping in touch during leave. Low-income earners who make one-third of the state average wage receive 70% of their wages. See www.gov.uk/holiday-entitlement- rights/calculate-leave-entitlement. FAQs: Covid-19 â rights and benefits during pregnancy and maternity leave, Resigning during pregnancy and maternity leave, Pregnant during maternity leave (expecting again), Miscarriage, stillbirth and neonatal death, Redundancy during pregnancy, maternity and parental leave, Asking to change your working hours or go part-time, Adoption leave and pay â rights for parents, Health and safety, sickness and breastfeeding, Health and safety during pregnancy/on return to work, Continuing to breastfeed when you return to work, Sickness during pregnancy and maternity leave, and on return to work, Postnatal depression/depression in pregnancy, Self-employed, agency and zero-hours work, Rights for parents with more than one job, âOrdinarily Residentâ in the UK: entitlement to NHS maternity care in England, Information-sharing between the NHS and Home Office in England. You should get advice before making a new claim for Universal Credit as you cannot go back onto tax credits and you may be worse off on Universal Credit. Any repayment conditions must be agreed before the start of the leave and you should check your contract or employerâs policy for details of any repayment conditions. No, the mother can stay on maternity leave/pay (or on Maternity Allowance), while the father/partner takes shared parental leave/pay. If you are adopting a child, see Shared parental leave and pay â adoption. If both parents are taking SPL, you can work up to 20 SPLIT days each during your SPL regardless of how much SPL you are taking. You must also have a partner who meets the, Your partner must have been employed or self- employed for at least 26 weeks (not necessarily continuously) in the period of 66 weeks leading up to the expected week of childbirth and must have earned at least Â£30 a week on average in 13 of those. If your employment or relationship is uncertain or your partner may not be able to take shared parental leave once itâs booked, it may be better to wait before giving notice to reduce your maternity leave/pay. Also, your employer should not pass on any information about your employment, pay or leave arrangements without your consent e.g. You can work up to 20 days continuously or on odd days, without bringing your SPL or ShPP to an end. In your case if wife is using 44 weeks of maternity/ShPL, there will be 8 weeks of ShPL available for you to use but unless â¦ She and her partner have 19 weeks ShPP to take at any time before their childâs first birthday. If you do not specify a date, your SPL will begin on the start date of the first period of discontinuous leave that you originally applied for. If you are employee in your second job, see MoreÂ than one job for more information on working for another employer during SPL. It is a good idea to speak to your employer early on about your plans to take SPL so that you can both consider what will work and how your leave will be accommodated, see How to give notice for shared parental leave/pay below. If the mother returns to work earlier than the date given in the Curtailment Notice, you cannot create any more ShPP. Your partner can still take their SPL/ShPP as planned or s/he can give notice to change the dates of their leave. SMP is paid for up to 39 weeks at 90% of the motherâs average earnings for the first six weeks and a flat rate of £139.58 per week for 33 weeks (or 90% of the motherâs â¦ If your MA is still refused you can appeal within 28 days of receiving the Mandatory Reconsideration decision and you should seek advice. Fathers and partners can take the shared parental leave immediately after paternity leave when both parents are off work together or when the mother has returned to work. Single parents will not be able to qualify for shared parental leave. Yes, both parents can be absent from work on shared parental leave at the same time. It's designed to give parents more choice and flexibility in sharing the care of their new baby. For more information on these rights, see: Maternity leave can only be taken in one block but shared parental leave can be taken in blocks of leave (within a year from the birth). In the case of Hextall v Chief Constable of Leicestershire Police the employer paid 18 weeks full pay to a woman on maternity leave but only ShPP to a parent on SPL. If a parent is going to be made redundant and wants to receive the remaining ShPP, s/he should book the rest of the ShPP period before their employment ends otherwise s/he will lose it. As well as maternity and paternity leave, there are other leave options for eligible parents and carers. In the employment tribunal case Snell v Network Rail Infrastructure Ltd (Case no. Both parents have to meet conditions about their employment and earnings. In Shuter v Ford Motor Company Ltd an employment tribunal decided that it was not direct sex discrimination to pay enhanced maternity pay to mothers but not to fathers taking additional paternity leave (this was the scheme in force before the introduction of SPL) as male and female partners can share leave. You do not have the same rights as employees to return to exactly the same job (e.g. Shared Parental Leave and Pay: Employers’ technical guide 4 . If you have been receiving SMP, SPP or ShPP it will count as earnings for calculating your entitlement to Statutory Sick Pay. The Shared Parental Leave Regulations 2014, reg. Office telephone: 020 7253 2288 If you give notice to reduce your SMP or Maternity Allowance period, you can only withdraw your notice if: A mother on Maternity Allowance will need to reduce her MA period in order to create SPL/ShPP for her partner to take.