Statutory maternity pay/leave and shared parental pay/leave

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GreenMirror replied

7 February 2019, 09:47
Originally posted by LauraC View Post

Some background/context:
I am a day rate contractor and am 'employed' by an umbrella company. My current contract will end on 28th February. I qualify for SMP/SML.

What makes you think you qualify? And who do you think you can claim it from?
Leave a comment:
northernladuk replied

7 February 2019, 08:29
Have you spoken to your employer?
Leave a comment:
LauraC started a topic Statutory maternity pay/leave and shared parental pay/leave

7 February 2019, 04:03
Statutory maternity pay/leave and shared parental pay/leave

Some background/context:
I am a day rate contractor and am 'employed' by an umbrella company. My current contract will end on 28th February. I qualify for SMP/SML.
My husband is a teacher for a private school. He qualifies for ShPP/SPL.

I am due to give birth 27th February and my original plan had been to work until baby arrived or until 28th Feb when contract ended however my blood pressure was high at last midwife check and so now I am considering starting leave after this week.

We had planned that I would have 6 months off after the birth and my husband would then take 6 months SPL (with 13 weeks of those being ShPP).

My question is this:
If I start SMP/SML Monday (11th February) can I curtail my SMP/SML 26 weeks later (w/e 18th August) but remain off work until baby is 6 months old then my partner start his SPL/ShPP from time of baby being 6 months old?

As I am a day rate contractor and my contract ends 28th February I don't have a job to go back to (although remain employed by the umbrella company) so my plan would be that I would remain 'off' (i.e. not seek a new contract to start), unpaid, until the baby was at least 6 months old, potentially longer if we can afford it, but I don't know if I can do this or if I have to be either on SML or in a contract for my partners SPL to be available.

From everything I have read I am fairly confident that if I were in a 'normal' job i.e. with a job to go back to at the end of SML, I would be able to take annual leave (or even unpaid leave if the employer agreed) at the end of my SMP/SML period which would allow my partner to have his SPL/ShPP no problem and him not starting that immediately after me finishing my SMP/SML would be OK because he just has to take it within 52 weeks of the date of birth but what's confusing me is my situation as a contractor.
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