If you're having a baby or adopting a child, you and your partner are entitled to parental leave.Each province has laws that protect your right to this time with your baby. Or, if the mother wants to take her leave more flexibly in the first year, she can end her maternity leave and pay early and create shared parental leave and pay to take later in the year. If the mother is an employee and she is getting Maternity Allowance (for example, because her earnings are too low for SMP), she will qualify for SPL but she will not qualify for ShPP. Qualifying parents can share up to 50 weeks’ leave from two weeks after the birth of the child until the child’s first birthday. the date your maternity leave ended. If Maternity Allowance is refused you should seek advice. After ten ‘KIT’ days have been used you can be disqualified from receiving Maternity Allowance for a reasonable period in relation to the number of days you work. Employers are not required to check or confirm the information given by your partner or speak to your partner’s employer but they may check the information in your partner’s declaration if they wish to. Leave should be rounded up to the nearest half day, not rounded down. The time limit is strict and JobCentre Plus do not allow late claims under any circumstances. To curtail SMP the mother gives notice to her employer to stop payment early. If your baby is born before the beginning of the expected week of childbirth and you have already given ‘notice of entitlement and intention to take SPL’ and notice to book SPL or ShPP for the eight weeks following the expected week of the birth, you can take the leave and pay that has been booked after the actual birth if you wish. She will be entitled to MA for 13 weeks. S/4100178/2016), Network Rail’s enhanced shared parental pay policy provided for full pay for six months for a mother taking SPL but only SPP for the father or mother’s partner if they took SPL. Family First Microsoft. To be eligible for paid parental leave, you must establish a sufficient connection between New Zealand and the employment you are relying on to qualify for payments. s/he 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 £30 a week on average in 13 of those weeks. Also, your employer should not pass on any information about your employment, pay or leave arrangements without your consent e.g. If both parents meet the qualifying conditions and are entitled to take SPL/ShPP, they can both choose to take SPL/ShPP or they may decide that only one parent will take SPL/ShPP e.g. If you think you have been disadvantaged by the pay scheme offered by your employer you should seek advice. SMP is paid for up to 39 weeks at 90% of the mother’s average earnings for the first six weeks and a flat rate of £139.58 per week for 33 weeks (or 90% of the mother’s … If your MA is still refused you can appeal within 28 days of receiving the Mandatory Reconsideration decision and you should seek advice. Her partner qualifies for SPL and/or ShPP if she curtails (reduces) her SMP period. Any SMP or MA you received after you returned to work as a result of sickness during the maternity pay period will not reduce the number of weeks of SPL and/or ShPP available to you and your partner, as the number of weeks of SMP or MA taken for the purpose of ShPP is determined from the date of your return to work. For example, if you go back to work one day a week, you should only lose 1/7th of your MA for those weeks. Note: SPL/ShPP can only be taken in the first year after the baby’s birth. In the case of Ali v Capita Customer Ltd the employer provided 14 weeks enhanced maternity pay but only paid ShPP to a parent on shared parental leave. For more information if you are resigning from your job see Resigning during pregnancy and maternity leave. If an employer pays enhanced shared parental pay there may be repayment conditions if you leave your job and you should check with your employer. For example, if your employer offers 30 days paid annual leave a year, you are entitled to continue to accrue that as if you were at work. If you are off sick during the maternity pay period, you will go back on to SMP/Maternity Allowance if you are absent from work. However, even if only one parent is going to take SPL e.g. The parent who is taking SPL/ShPP must be employed up to the start of the week in which the SPL/ShPP starts. ShPP is only paid at the statutory rate so a mother will usually be better off on maternity leave for the first six weeks and possibly for longer if her employer offers enhanced contractual maternity pay. Example: if you take 20 weeks’ MA, your partner is entitled to take a maximum of 32 weeks shared parental leave (52-20 = 32) and 19 weeks ShPP (39-20 = 19). Both parents should check whether their employer offers enhanced shared parental pay as that may affect decisions on who takes the leave. Parental Leave is different from shared parental leave and is usually unpaid. Employers can decide on the terms of their contractual pay policies, however, they need to ensure that they do not discriminate. no. In general, you must have been working for your employer for at least a year to get the full amount of parental leave. Notice to curtail SMP/Maternity Allowance can only be revoked if the woman’s partner dies or she gave notice before the birth and changes her mind within 6 weeks of the birth. You should not have to attend interviews or selection procedures for the vacant post. You may be able to get parental leave … You are usually regarded as ‘back at work’ once your shared parental leave period has ended, even if you are on sick leave, annual leave or unpaid leave or if you reduce or change your hours of work but you should check your employer’s policy. 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 … For example, if you work 5 days a week, multiply 5 x 5.6: you are entitled to 28 days annual leave. To check your eligibility see www.gov.uk/civil-legal-advice, To search for specialist legal advisers or solicitors in your area see: find-legal-advice.justice.gov.uk, Help and advice on discrimination and human rights www.equalityadvisoryservice.com, Helpline: 0808 800 0082 Mon – Fri 9am – 7pm, Sat 10am – 2pm, For information and advice about discrimination law www.equalityhumanrights.com, For information for employees and employers about pregnancy and maternity rights in the workplace see: www.equalityhumanrights.com/about-us/our-work/key-projects/managing-pregnancy-and-maternity-workplace, The government’s online information service www.gov.uk, To make new telephone benefit claims or request claim forms, including Maternity Allowance and Sure Start Maternity Grant: 0800 055 6688 Mon – Fri 8am – 6pm, For ESA/JSA/Income Support claims: 0800 169 0310 Mon – Fri 8am – 6pm, For Maternity Allowance claims: 0800 169 0283 Mon – Fri 8am – 6pm, For Sure Start Maternity Grant claims: 0800 169 0140 Mon – Fri 8am – 6pm/For Best Start Grant claims in Scotland: 0800 182 2222, Universal Credit helpline – for new claims and existing online claims: 0800 328 5644. However, if your partner is an employee, your partner is entitled to 52 weeks’ shared parental leave, less any weeks of Maternity Allowance taken, and 39 weeks’ Statutory Shared Parental Pay, less any weeks of Maternity Allowance taken. Your employer can ask for changes to a discontinuous pattern of SPL where it would be difficult to accommodate. your wife can allocate 1 to 4 weeks of shared parental … You are also entitled to your contractual benefits (apart from your normal salary) during SPL. Neither you nor your employer can insist on working SPLIT days, for more information, see Keeping in touch during leave. If you are not allowed to carry forward your annual leave you should seek legal advice. What you need to know about parental leave Parental leave is time off work while your employer holds your job open for you. All workers are entitled to 5.6 weeks’ statutory annual leave (pro-rata if you work part-time). If your employer is unable to pay, is insolvent or refuses to pay you should contact the Statutory Payment Disputes Team on 0300 322 9422, see Where to go for more help. This guide is for information purposes only and should not be treated as legal advice. See: https://www.gov.uk/guidance/statutory-pay-entitlement-how-to-deal-with-disagreements. It’s the same amount even if the parents have more than one: baby, for example twins. Your partner should check his entitlement to shared parental pay under his employer’s policy very carefully, as some policies have further restrictions on the pay available to the employee. Any other shared parental leave would be unpaid leave unless the employer provides enhanced shared parental pay that is not dependent on him receiving Statutory Shared Parental Pay. Nationwide (except London) – 0808 802 0029, For opening hours see: https://maternityaction.org.uk/advice-line/, For advice on employment rights or for Early Conciliation if you are thinking of making a tribunal claim www.acas.org.uk, Helpline: 0300 123 11 00 (offers telephone interpreting service), For information about your rights see: www.citizensadvice.org.uk, You can telephone the national Citizens Advice phone service on 03444 111 444, You can get help with Universal Credit claims through the free national Help to Claim service: England: 0800 144 8444, Wales: 0800 024 1220, Scotland: 0800 023 2581. 37 weeks Statutory Shared Parental Pay (ShPP), the first 39 weeks of maternity or adoption leave, or, s/he must have been continuously employed by the same employer for at least 26 weeks up to the end of the qualifying week (the 15. must still be employed by the same employer in the week before any shared parental leave is due to start. 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