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Your MA will end at the end of the pay week in which you give your notice and you can no longer claim it if you are off work. You and your partner cannot have more than 39 weeks of pay between you, made up of Maternity Allowance and Statutory Shared Parental Pay. : How to work out the 15th week before the baby is due You are entitled to work for up to ten ‘keeping in touch’ days without losing your Maternity Allowance. See Notice for shared parental leave and pay – coming soon. If the mother is self-employed and claiming Maternity Allowance, she is not entitled to take SPL or ShPP but her partner may be able to take SPL/ShPP if s/he is employed. For more information, see, Mothers are protected from discrimination on the grounds of pregnancy and maternity leave. she is made redundant, she resigns or a fixed term contract comes to an end, she remains entitled to receive up to a maximum of 39 weeks’ SMP (even if she had already returned to work) and the employer should continue to pay any SMP owing. The 50 weeks can be shared between both parents how they wish e.g. The time limit is strict and JobCentre Plus do not allow late claims under any circumstances. You are treated as working for WTC purposes during any period in which you are receiving one of the following: You must have been working full-time for Working Tax Credit purposes immediately before your leave started. For more information on sickness, see Sickness during pregnancy and maternity leave. The NASUWT is committed to supporting you, ensuring that you receive the advice you need about what shared parental leave means for both you and your partner. You can submit a maximum of three separate booking notices and a variation notice counts towards this total. If you give notice to book a single block of leave,your employer cannot refuse your request and you are entitled to take the leave on the dates requested. The amount of ShPP available is calculated from the date in the Curtailment Notice e.g. Shared parental leave Shared parental leave allows mums to share their 52 weeks of maternity leave with their partner. Once you have given a Curtailment Notice to reduce your maternity leave/pay it is binding and you can only change your mind in very limited circumstances. A mother must take the two weeks after birth as compulsory leave and pay (four weeks for factory workers) so the maximum leave and pay that is available to share is: For example, the father or mother’s partner can take four weeks’ paid shared parental leave if the mother reduces her maternity leave by four weeks and her maternity pay by four weeks. She can only receive Maternity Allowance if she takes SPL within the 39 week maternity pay period. Mon – Fri 8am – 6pm, For help with claiming Universal Credit see: https://www.gov.uk/universal-credit, Tax Credit Helpline: 0345 300 3900 Mon – Fri 8am-8pm, Sat 8am-4pm, Sun 9am -5pm, Child Benefit: 0300 200 3100 Mon – Fri 8am-8pm, Sat 8am- 4pm. 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. 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. 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. If your MA is still refused you can appeal within 28 days of receiving the Mandatory Reconsideration decision and you should seek advice. What is Shared Parental Leave? If the mother returns to work earlier than the date given in the Curtailment Notice, you cannot create any more ShPP. If you are unsure you should seek advice. Note: in most cases the mother is better off staying on maternity leave but she will need to reduce her maternity leave/pay period to create shared parental leave for the father/partner to take. 1 or both parents take leave or; both parents want to take leave at the same time or different times. Claim on form SF100 (Sure Start), available from Jobcentre Plus offices, from 11 weeks before the baby is due until 6 months after the birth. Paid parental leave. For example, if you go back to work one day a week, you should only lose 1/7th of your MA for those weeks. Your employer can refuse your request if there are good business reasons, see Child- friendly working hours. 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. You can get further advice from Maternity Action, see below. SPL one year on – reasons to be cheerful? articleid=4911#splletters, There are also model notices and declarations in the Parents Guide to SPL: www.gov.uk/guidance/shared- parental-leave-and-pay-guidance-and-tools-for- parents#parents-guide. If your baby is born eight or more weeks before the expected week of childbirth and you gave ‘notice of entitlement and intention to take SPL’ but you have not yet booked a period of SPL, you can book a period of leave to start within eight weeks of the actual birth if you give the notice as soon as reasonably practicable after the child’s actual birth. You can receive ShPP whilst doing self-employed work or work for which you are not liable to pay Class 1 national insurance contributions. Melissa intended to work up to the birth and then take 31 weeks of maternity leave and SMP (39 – 8 = 31 weeks). You do not have the same rights as employees to return to exactly the same job (e.g. Both parents taking parental leave at the same time. Your partner could transfer some or all of the parental leave payments to you while you are not working. Shared Parental Leave and Pay: Employers’ technical guide 4 . You might be eligible to receive a higher benefit rate (the Family Supplement) if you receive the Canada Child Tax Benefit (CCTB). For example, a woman can be on maternity leave and her partner can be on shared parental leave at the same time. Adoption leave Statutory Adoption Leave lasts for up to 52 weeks. Example, Father/mother’s partner is entitled to 6 months’ fully paid shared parental leave from his employer. This means that if you qualify for SMP or SPP, you will also qualify for ShPP as long as you are still employed by the same employer up to the start of the week in which you wish to take ShPP. Employers can decide on the terms of their contractual pay policies, however, they need to ensure that they do not discriminate. This is because Maternity Allowance continues to run in the background for 39 weeks, even if a mother returns to work early, although she will not receive it while she is actually working. However, one parent cannot get more than 35 weeks of standard or 61 weeks of extended parental benefits, requiring the other parent(s) to take some time off in … You can take SPL at the same time as your partner (eg both on leave for the first 26 weeks) or at separate times, or a mixture of both; you need to agree how to split the leave. The Shared Parental Leave Regulations 2014, reg. more than 52 weeks maternity leave or 39 weeks maternity pay, you may be able to take Parental Leave. Parental leave can be used entirely by you or split between you and your partner. Your Maternity Allowance period will end after 35 weeks (39 – 4 = 35 weeks). 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. In a pregnancy or maternity discrimination case you do not have to compare your treatment to that of a man to show discrimination. 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