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Work

Perternity leave

45 replies

kks · 03/04/2007 14:57

My partner is a baker and he has his own bakery. One of the bakers that work for him has a wife who is pregnant. The baby is due in May and the baker is going to take 2 weeks perternity leave as he is entitaled to.

During the 2 weeks he is off my partner will have to cover him and that means going in at 3am and as hes the boss not get home until 5-6pm. My partner has asked the baker to fill out the perternity form and where it says 'the date your leave will start' he has wrote "when baby is born". That means some day in may the baker is going to phone up and say his wife is having the baby and he won't be in for 2 weeks meaning my partner is going to have to start at 3am on short notice. Surely this baker has to give an exact date?

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EllieKthePA · 03/04/2007 14:59

no, legally spp cannot start until the day the baby is born so he cannot give you an exact date.

Nbg · 03/04/2007 15:00

No can't give an exact date because he won't really know.

EllieKthePA · 03/04/2007 15:01

find more info on the government website here

Nbg · 03/04/2007 15:03

Imagine if he took his Paternity leave on his wifes due date but she went overdue and had to be induced.
His leave will have finished by the time the baby is born.

EllieKthePA · 03/04/2007 15:07

i think that's why they don't allow it to start until day of birth, as it is supposed to allow fathers to have time with baby, not pg wife IYSWIM

kks · 03/04/2007 15:07

I just find the whole thing unreasonable. It seems my partner gets the bad end of the deal because he is self employed. Theres so much out there protecting the employie but nothing for the employer!

This baker is a w@*ker. Last year when my baby was born he called in sick claiming he had a bad back so that my partner would have to go in at 3am. When he came back to work the 'bad back' had magicaly disapeared.

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ComeOVeneer · 03/04/2007 15:08

This is copied from Business Link an advice site for employers

Paternity leave and pay
Fathers who have 26 weeks' service by the 15th week before the Expected Week of Childbirth (EWC), are entitled to two weeks' paternity leave at or around the date the child is born. An employee may also take paternity leave if they are not the father but are the mother's partner and expect to have responsibility for the child's upbringing.

Where a child is adopted, one member of a couple may receive Statutory Adoption Pay and the other Statutory Paternity Pay if they have 26 weeks' service by the time the adopter is told they have been matched with a child for adoption.

During paternity leave, most employees are entitled to Statutory Paternity Pay (SPP). Employees must earn enough to pay National Insurance to qualify for SPP. Low-paid employees and those who don't qualify for SPP may be able to get Income Support.

Employees must give you 28 days' notice of when they want their SPP to start. They should tell you that they will be taking paternity leave by the fifteenth week before the baby is due.

SPP is paid at a rate of £108.85 per week or 90 per cent of weekly earnings from 2 April 2006 (this will increase to £112.75 per week in 2007/08), whichever is lower.

Employers can recover 92 per cent of payments but if your total National Insurance payments are less than £45,000 per year you can recover 104.5 per cent to cover payments and other costs. You can recover SPP by deducting it from payments you make to HM Revenue & Customs (HMRC) for PAYE and National Insurance. You can also get funding in advance for payments of SPP from HMRC.

Further information about SPP for employees is available from the HMRC Employer Helpline on Tel 0845 7143 143

ComeOVeneer · 03/04/2007 15:08

This is copied from Business Link an advice site for employers

Paternity leave and pay
Fathers who have 26 weeks' service by the 15th week before the Expected Week of Childbirth (EWC), are entitled to two weeks' paternity leave at or around the date the child is born. An employee may also take paternity leave if they are not the father but are the mother's partner and expect to have responsibility for the child's upbringing.

Where a child is adopted, one member of a couple may receive Statutory Adoption Pay and the other Statutory Paternity Pay if they have 26 weeks' service by the time the adopter is told they have been matched with a child for adoption.

During paternity leave, most employees are entitled to Statutory Paternity Pay (SPP). Employees must earn enough to pay National Insurance to qualify for SPP. Low-paid employees and those who don't qualify for SPP may be able to get Income Support.

Employees must give you 28 days' notice of when they want their SPP to start. They should tell you that they will be taking paternity leave by the fifteenth week before the baby is due.

SPP is paid at a rate of £108.85 per week or 90 per cent of weekly earnings from 2 April 2006 (this will increase to £112.75 per week in 2007/08), whichever is lower.

Employers can recover 92 per cent of payments but if your total National Insurance payments are less than £45,000 per year you can recover 104.5 per cent to cover payments and other costs. You can recover SPP by deducting it from payments you make to HM Revenue & Customs (HMRC) for PAYE and National Insurance. You can also get funding in advance for payments of SPP from HMRC.

Further information about SPP for employees is available from the HMRC Employer Helpline on Tel 0845 7143 143

Nbg · 03/04/2007 15:09

But the thing is kks, does he have any other employees? If not, there isnt really anything else you can do is there?

Is there anyone that could come in temporarily while he takes his Pat leave?

HoraceWimp · 03/04/2007 15:10

the bloke ius having a baby for heavens sake! stop being so grumpy

your partner runs the bakery, so imo HAS to take repsonsibility for things like this

EllieKthePA · 03/04/2007 15:11

horace is right, when you choose to be your own boss, you choose to take on the responsibility that goes with it.

kks · 03/04/2007 15:13

He only has 2 bakers (one is having the baby) and himself. The other staff are shop staff, i aint being grumpy. We have a small baby ourselves to take care of and its very hard when your partners doing 14 hours shifts on his feet.

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EllieKthePA · 03/04/2007 15:15

so maybe he needs to find someone from an agency? or even a last year student? to help out.

kks · 03/04/2007 15:16

If he did that then he would have to train them cause every bakery is different. Everything is made from scatch.

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Nbg · 03/04/2007 15:20

Do you know any teenagers who you could trust?
Maybe if you got them in during the easter hols so they could watch your dh and maybe he could pay them a little bit a day.

I do agree though, it is his business and its his responsibilty.
I can understand why you'd be pissed off but on the other hand it is only for 2 weeks.

kks · 03/04/2007 15:25

I know but 2 weeks is a long time when your doing 14 hours at work on your feet. I am not complaining about the baker taking perternity leave, i am complaining that he is just gonna announce one day in May that hes off for 2 weeks. A baby can only be 2 weeks late before they induce you so even if he said he would take it 1 or 2 weeks after the due date it would help. As its their 2nd baby i doubt it would be late.

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HoraceWimp · 03/04/2007 15:27

well you know it will be within a two week period

as you said, you cant actually even cover his leave, So although its an inconvinience, it doesnt look as if you have any choice.

maybe it would be worth training one of your shop staff for the future, so you have someone to cover, if and when needed?

EllieKthePA · 03/04/2007 15:27

why does it being the 2nd mean it won't be late? and it's not his fault, he is not entitled to it until the day of birth, if he's told you when that is why doesn't your h just plan for it to happen 2 weeks either side of that date?

ComeOVeneer · 03/04/2007 15:29

Are you sure he isn't entitled to it until the date of birth? I thought it was the same as maternity leave and you could choose the date it starts.

EllieKthePA · 03/04/2007 15:30

if you click on the link i posted right at the start it tells you about it.

"Your leave can start on any day of the week (but not before the baby is born), but has to finish within 56 days of the baby being born or, if the baby's born before the week it was due, within 56 days of the first day of that week."

kks · 03/04/2007 15:31

Its not that simple as you have to be a trained/qualified baker to do the job, its very hard work. I couldn't imagine the little shop staff picking up a bag of flour! {grin}

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kks · 03/04/2007 15:33

Thats better!

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kks · 03/04/2007 15:34

Its great now they have this pertnity leave but its havoc on small businesses!

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BizzyDint · 03/04/2007 15:38

this is just part and parcel of being an employer. if he doesn't like it he should go and be a baker for one of the supermarkets or something, then it isn't a problem...or alternatively, suggest one of the options several of the posters on here have come up with.. i mean, would it not be a good idea to have some sort of apprentice or something in the case of things like things happening? what happens if baker gets sick, breaks his leg etc?? what is the contingency plan??

kks · 03/04/2007 15:44

I baker at the supermarket lol, they just add water to stuff and bake frozen stuff, they are noy proper bakers.

The baker i was talking about phones in sick quite often as he is a pain in the ass. He does it so he can go and play golf. Anyway if one of the bakers phones in sick my partner covers. You can't just train someone up and have them on standby cause it don't work like that. As only one of his bakers is the only one who ever phones in sick it would be easier just to get rid of him as he so unreliable but then you can't just sack someone. Thats a whole other set of rules...

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