Paternity leave gone wrong

[Debs75]

We have a 4 week old baby and dp started a new job through an agency 4-5 weeks before she was born. He told the agency about the birth and asked if he could still get paternity leave as there was less them the required 15 weeks to go. He initially asked for the half term week as we had my mum to help whilst I was in hospital. The agency told him that they would look into it and would try their hardest to get him the leave as It wasn't his fault that he had only just started working for them so couldn't give 15 weeks notice.

He ended up taking the week off when baby was born due to mum being ill and work were ok with that, although he still hasn't got the money, we are waiting for a form to fill in.

On monday he rang in to take a day off as I was really sick. In the afternoon he got a call from the agency saying he didn't have to go into work anymore, they were disatisfied with his timekeeping and didn't want him back. Agency are keeping him on their books.

Shouldn't he of been entitled to take that day off as unpaid paternity leave or as he was an agency worker does he have no rights?

If you managd to get to the end and feedback would be greatly appreciated.

[choosyfloosy]

Sorry, I don't know the legal situation and you need legal advice pronto. Try Citizens Advice or ACAS (google 'ACAS helpline' for the number). Don't hang about.

[flowerybeanbag]

Debs I'm afraid your dp doesn't have any right to take paternity leave at all.

Have a read here about requirements to be entitled to it. He must be an employee with 26 weeks continuous service by the time you are 25 weeks pregnant. It's not just about him being an agency worker as opposed to an employee, it's about his length of service. If the agency did their best to get it for him that was entirely at their own discretion, not something he has any right to.

[Flum]

I would assume no right to paternity leave in a new role.

[Debs75]

Thanks all I didn't think we would be entitled to much. Paternity leave is so unfair, he was sacked from his last job 15 weeks before due date and really wanted to get back to work, he should of just stayed on dole.