Shared Parental leave eligibility - wife is a contractor

[Carlton Banks]

Folks

Require some advice on shared parental leave.
In short, baby is due November.

My employer keeps directing me to the intranet pages and it’s not clear whether our scenario qualifies.

My wife is currently a contractor and will not work for the next 12 months and won’t get any maternity leave aside from the government statutory pay.

My company has a shared parental leave policy and I want to know if I would still be eligible ?

The government website states:

[i]If the mother’s partner wants to take the SPL and ShPP

The mother must:

have been working for at least 26 weeks (they do not need to be in a row) during the 66 weeks before the week the baby’s due
have earned at least £390 in total across any 13 of the 66 weeks
The mother’s partner must:

have been employed continuously by the same employer for at least 26 weeks by the end of the 15th week before the due date (this is around the time the mother got pregnant)
stay with the same employer while they take SPL
be an ‘employee’ (not a ‘worker’)
earn on average at least £116 a week [/I]

So based upon that we qualify.

Anyway. If there are folk who can give some guidance please let me know.

Thanks
CB

Edited by Carlton Banks on Monday 30th July 12:55

[edc]

Have you checked whether your wife meets the criteria being a contractor?

[berlintaxi]

Carlton Banks said:

Folks




be an ‘employee’ (not a ‘worker’)

I wouldn't have thought most contractors would be classed as employees.

[anonymous-user]

Is your wife a co tractor through her own limited company, if she is then she pays herself and therefore covers her maternity leave herself

[UpTheIron]

berlintaxi said:

Carlton Banks said:

Folks




be an ‘employee’ (not a ‘worker’)

I wouldn't have thought most contractors would be classed as employees.

Most contractors operate as employees of their own Ltd Company. If that is the case then the employer I'm question is her Ltd Company not any agency or client(s).

[Carlton Banks]

Yes she is an employee of her limited company on a PAYE basis

[UpTheIron]

So, based on the fact that her employer is her Ltd company, does she meet the various criteria you stated?

This sort of query will be bread and butter for her accountant too.