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Help on when to start paternity leave

(17 Posts)
shimmymummy Mon 17-Nov-14 18:15:09

Wondering is anyone knows the answer to this.

I am in the middle of 10 months maternity leave. My DP is taking the last two months of our 12 month entitlement as additional paternity leave.

I have accrued quite a bit of holiday. If I take my 10th moths as paid leave (in effect going back to work a month earlier but on holiday), can my DP then follow this with his additional paternity leave or do our periods of maternity & paternity leave have to be consecutive (without the paid holiday in the middle)?

Month 9-12 are unpaid.

A link to any formal documentation would be great.

shimmymummy Tue 18-Nov-14 19:27:46

Bumping, in hope!

Ellypoo Wed 19-Nov-14 17:15:43

I think that you actually have to return to work before your DH can take the additional paternity leave, so you can't take your holiday at the same time as he is off. Check gov.uk though as that contains info about the rules.

shimmymummy Wed 19-Nov-14 20:41:24

You see that's what I can't fathom from the guidelines. What constitutes returning to work? Actually physically being there or being back on payroll. I will have returned to work, and will be being paid. I will just be taking paid leave.

shimmymummy Wed 19-Nov-14 20:45:04

But actually I would be taking holiday before he starts his pat leave...I am unsure if there an be a break like this in the year long period.

peggyundercrackers Wed 19-Nov-14 21:20:57

If you are getting paid leave you have officially returned to work.

shimmymummy Wed 19-Nov-14 23:29:23

Thought so. But sure I heard that DP has to start his pat leave literally on the day I return to work (that our maternity and paternity leave have to be consecutive). Can I take a few weeks of annual leave before he starts his period of additional paternity leave?

rallytog1 Thu 20-Nov-14 09:24:56

Being back on the payroll is your return to work. So even if you're on annual leave, you're classed as being back at work. I think you'd have to take your annual leave at the same time that your dh starts his paternity leave.

shimmymummy Thu 20-Nov-14 09:38:49

That's what I wasn't hoping to hear sad

rallytog1 Thu 20-Nov-14 09:41:57

Sorry thanks

On the bright side, you will get some lovely family time together?

flowery Thu 20-Nov-14 09:57:23

Maternity leave ending is classed as your return to work, but as far as I am aware, there is nothing specifying that there can be no gap between your maternity leave ending and additional paternity leave starting, so I'm interested where people are getting that from? I can't see anything like that in the regulations.

shimmymummy Thu 20-Nov-14 10:01:34

Unfortunately doesn't work that way :-( I'd want to be taking the leave before my DP goes on paternity leave so we can reach a year before we use childcare. I can't really wait until he starts his paternity leave to take my annual leave as I need to be back at work then for various work reasons! Bummer sad

seems silly really as his leave won't take use over a year and we are not getting SMP in that period, no one really looses out.

rallytog1 Thu 20-Nov-14 10:54:41

flowery - my understanding is that apl must all be taken before the baby is 1yo, in the same way that maternity leave must be taken in the baby's first year.

Which would mean that from a practical point of view it really does have to be more or less continuous? In the same way that a woman can't take 10 months mat leave, return to work and then a bit later decide that she wants to take the other 2 months.

I could be wrong though - you are far more expert in these things than I am!

flowery Thu 20-Nov-14 10:58:24

Doesn't work what way OP?

rallytog1 OP has said her DP's paternity leave wouldn't take them over their year. There is no requirement for it to be continuous. A woman can take 9 months maternity leave, then go back to work for a month "on holiday" and her partner can take the remaining two months which is what the OP is proposing. Obviously if there is a gap in between that has an impact on how much additional paternity leave can be taken, but that doesn't mean a gap isn't allowed.

shimmymummy Thu 20-Nov-14 23:59:02

flowery - I was replying to rallytog1

What you say makes more sense. I rang my HR and they seem fine with it, but for some reason DPs is saying he has to start his APL on the day I return to work. It would be great if there was a document we could point them to.

flowery Fri 21-Nov-14 06:39:22

If they are saying there is this restriction he should be asking them for details of where that requirement is stated in the legislation, not the other way round.

Any official links will confirm the restrictions there are, not those there aren't. The requirement is that you have returned to work, not that you are returning to work on the same day.

shimmymummy Fri 21-Nov-14 12:24:10

Thanks so much for your helpgrin

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