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Paternity leave - whats the legal entitlement ?

(12 Posts)
Singstar Mon 15-Jun-09 19:48:29

Don't know if this is the right section to ask this question so apologies if its wrong -but my brother in law is about to become a dad is a few weeks time and has been told by his company that he can take a couple of days paid paternity leave. I was under the impression that he was entitled to 1wk paid paternity leave by law - am I wrong ? That's what my husband had both times had pl and he was at diff co's each time.

He's only been at the company for a few months, they seem to be quite lax with their training/rules/entitlements and he's also a bit shy at coming forward so isn't the type to go in demanding something, especially if he's not sure of it. Any help would be gratefully received. Thanks

flowerybeanbag Mon 15-Jun-09 19:54:55

Assuming he meets the criteria he is entitled to two weeks, which must be taken as one block. See here.

Pay is not much though, is he sure his company isn't saying they will give him a couple of days paternity leave on full pay rather than the statutory amount?

Singstar Mon 15-Jun-09 19:59:57

As I far as I understand it they have said to him he can take a couple of days paternity leave in lieu for some study days he didn't take earlier on in the year shock I thought that was really out of order but maybe I was misunderstanding him. That website is really helpful though, thanks, I will send him the link.

flowerybeanbag Mon 15-Jun-09 20:04:30

Well if those days will be on full pay, then that's good and not out of order at all. But regardless of any days he may be able to take paid his normal wage, he is entitled to a couple of weeks at the basic rate.

Singstar Mon 15-Jun-09 20:17:57

I think he got the impression from his company that he could have a couple of days and that was it (sorry know this is very much 'I think' - only spoke to him about it last night and it was more of a passing chat than an deep meaningful conversation)

Its not just the money, its the time that he's allowed as well - its great if they are paying him for those couple of days but if they expect him to come back to work after those days - is that unreasonable and/or illegal ?

Singstar Mon 15-Jun-09 20:19:33

sorry just re read your last post - he is entitled to 2 weeks at basic rate. Sorry thanks for your help smile

flowerybeanbag Mon 15-Jun-09 20:21:01

What they could do is make full pay for those couple of days conditional on him not taking any more time, if that makes sense.

At my DH's last employer, a few years ago they used to have a rule that fathers could take one week on full pay, or two weeks on the statutory rate. So not denying anyone their right to take the two weeks, but in practice making sure most didn't.

So they could potentially say to your BIL that he can have a couple of days on full pay or choose to take his two weeks on the basic amount.

woodenchair Mon 15-Jun-09 20:30:08

He's only entitled to statutory paternity pay if he's been there for long enough though, it's not automatic from day 1. You say he's only been there a couple of month, he may not have enough service for even the basic allowance, sorry.

from the website:
have been with your employer for at least 26 weeks by the end of the 15th week before the start of the week when the baby's due; or by the end of the week in which you are notified of being matched with your child

Singstar Mon 15-Jun-09 20:30:25

Ah I see, that's rubbish isn't it ? I think he's a bit worried about rocking the boat especially in the current climate, but at the same time its his first child and he wants to be there - guess that's a choice he'll have to make. Shame he's in this position though.

flowerybeanbag Mon 15-Jun-09 20:33:39

Has he got some annual leave he could take?

woodenchair Mon 15-Jun-09 20:33:43

It's the same with maternity leave, if you haven't been there long enough you aren't entitled to the first 6 weeks at 90% and you have to claim your SMP from the government directly rather than through your employer.

My friend had this, handed in her notice to move to a new job then found out she was pg the following day (doh!)

Singstar Mon 15-Jun-09 20:53:53

yeah he has got annual leave so I suppose he could use that. I just feel sorry for him that his company is being deliberately obtuse about what is he is entitled to. Its making what should be a really special time for him, quite stressful. I understand companies have to protect their own interests but surely doing the right thing by your employees is a good place to start.

Sorry I'll step down from my soap box now! blush

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