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Paternity leave and bank holidays

(4 Posts)
YesYABU Tue 21-Jun-16 09:25:53

I am due to have my first baby in August/September, with my DP taking 2 weeks statutory paternity leave from the actual birth date (all agreed with his work).

I have now realised that the bank holiday, 29th August, is very likely to fall in this paternity leave. DPs holiday entitlement is 28 days including bank holidays- so in effect work dictate the 8 bank holiday dates and he can pick the other 20 days.

What we are unclear about is whether he will still get the days worth of holiday pay if this falls within his 2 weeks of statutory paternity leave. One day of holiday pay is worth more than the week of stat pat so not to be sniffed at.

He has tried to ask at work but it's a tiny place and they seem to think you get one or the other, but equally he can't take the holiday day elsewhere. I think they may be wrong.

The other options I can see are: delaying his pat leave start until the Monday after 29th August if baby hasn't come before hand (I can manage 4 days on my own), start the 2 week pat leave on Tuesday 30th or hope baby arrives 2 weeks or more before 29th. I understand you can't split the 2 weeks pat leave up into two week long blocks or we would have been tempted to do this.

MaverickSnoopy Tue 21-Jun-16 09:52:44

I work in HR and you cannot take any two types of leave at the same time. Eg you couldn't take sick leave and annual leave at the same time and the same applies to annual leave and paternity leave. 28 days holiday is the legal minimum allowance for holiday leave, so your DPs employer cannot refuse him any of these days. If he takes paternity leave on the bank holiday then he must be allowed to take the holiday day at another time. This link here outlines when he cam start his paternity leavehttps://www.gov.uk/employers-paternity-pay-leave/entitlement.

YesYABU Tue 21-Jun-16 11:14:42

OK thanks. I can understand why you can't be on holiday leave and pat leave at the same time.

I may have to get DP to pursue the lost holiday day if it comes to it.

Can pat leave start on any calendar date or just start of each whole week?

MaverickSnoopy Tue 21-Jun-16 12:16:13

Paternity leave can start on:
* the actual date of birth
* an agreed number of days after the birth
* an agreed number of days after the expected week of childbirth

So it does not need to start at the start of the week. However, due to the spontaneous nature of babies being born it would be hard to decide in advance which of these scenarios would work best for you and avoid the bank holiday.

Should your DP need to pursue lost holiday this link will help www.gov.uk/holiday-entitlement-rights/entitlement.

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