Can I do Shared Parental Leave if I am on a fixed-term contract?

My husband and I have done Shared Parental Leave before, but our circumstances are slightly different this time. I am on a fixed contract, started January 2018, due to finish April 2019, baby due March 2019. I am aware I am eligible for SMP. However, as I will not be returning to work, as it is a fixed contract and the job will no longer exist, can we do SPL with my husband taking weeks 39-43 off, even though I will be at home too and ‘jobless’?


You have to meet the following criteria –

    • 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 you got pregnant)
    • stay with the same employer while you take SPL

It might be worth you asking your employer if they have any movement on this. It does seem unfair that your contract ends as you start maternity leave, so you won’t be able to stay with your employer.

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