All workers are entitled to 5.6 weeks’ statutory annual leave (pro-rata if you work part-time). If she cannot get SMP, she must claim Maternity Allowance and then reduce it to create SPL/ShPP for her partner. Parents can take up to a maximum of 50 weeks as SPL, and a maximum of 37 weeks of Shared Parental Pay (ShPP). Note: the mother will usually be better off on Statutory Maternity Pay for the first six weeks as it is paid at 90% of her average earnings. If she takes SPL later in the year and claims ShPP, it will be paid at the flat rate of £139.58 per week (or 90% of average earnings if ththis is less than £139.58). You can get further advice from Maternity Action, see below. This is called the ‘protected period’. You can split up to 50 weeks of shared parental leave between you, if you both meet the conditions. Workplace culture plays a key role in decisions surrounding the uptake of The amount of shared parental leave that the parents can share is 52 weeks, minus the amount of maternity leave taken by the mother, or adoption leave taken by the primary adopter. The new contract must be suitable and appropriate for you and must be on similar terms and conditions to your old job. Your employer can ask you to repay any enhanced shared parental pay (not the ShPP element of £151.20 per week) if you do not return to work for a specified period after the end of your leave e.g. It's designed to give parents more choice and flexibility in sharing the care of their new baby. If your employer asks you for the name and address of your partner’s employer, you must provide it within14 days. The decision-maker’s guide has not yet been amended to reflect these provisions. You do not have the same rights as employees to return to exactly the same job (e.g. You must claim MA within three months from the start of the MA period, otherwise you will lose some or all of your pay. You must tell your employer the date you will start SPL within five days after the end of the two week discussion period. 6478568 If your employer pays contractual sick pay i.e. Qualifying parents can share up to 50 weeks’ leave from two weeks after the birth of the child until the child’s first birthday. Fathers and partners can take SPL at any time after the two week paternity leave period up to 52 weeks from the birth. A notice for discontinuous leave that has been withdrawn before it is agreed does not count towards the maximum of three requests for leave that you can make. This is called a ‘Curtailment Notice’. This is for agreement between the parents. Note: you are usually regarded as being ‘back at work’ once shared parental leave period has ended, even if you are on sick leave, annual leave or unpaid leave or you change your hours of work (unless you and your employer agreed otherwise). Any repayment conditions must be agreed before the start of the leave and you should check your contract or employer’s policy for details of any repayment conditions. how much ShPP the parent intends to take, a declaration from the other parent stating that s/he consents to the parent taking. Providing the mother curtails her maternity leave and pay to create SPL/ShPP for her partner, it makes no difference whether the mother then returns to work, changes jobs or her job ends. If your job ends or you are made redundant during a period of SPL/ShPP, you remain entitled to ShPP up to the end of the period of leave booked (unless you start a new job). b. After the first six weeks SMP is paid at the statutory rate. If she normally receives full sick pay from her employer, the employer must top up the SMP/Maternity Allowance to her full pay. more than 52 weeks maternity leave or 39 weeks maternity pay, you may be able to take 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. Note: if your SMP started on a Friday, your pay week will end on a Thursday. A mother on MA cannot qualify for ShPP, but if you are employed you can curtail your maternity leave to create shared parental leave but it is very important that you do not curtail your Maternity Allowance if you want to be able to claim it during a period of shared parental leave. you have average earnings of at least £120 per week (April 2020 – April 2021) during the calculation period (8 weeks if you are paid weekly or 2 months if you are paid monthly before the end of the 15th week before your baby is due). If you have been receiving SMP, SPP or ShPP it will count as earnings for calculating your entitlement to Statutory Sick Pay. do you want to take leave together or separately? The mother will qualify for SPL but she will not be entitled to ShPP so she will need to stay on maternity leave/Maternity Allowance (see the section below on Maternity Allowance and shared parental leave). 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