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paternity leave(11 Posts)
Can someone please clarify for me the law with regards to paternity leave? I am a stay at home mum and baby five is due in April. In the past dh has struggled (and I mean REALLY struggled) to take any time off when I've had our babies to the point where he actually handed his notice in before because his employer was quite unreasonable and I had pnd. It blew over and dh still works for same employer but I would like to know where we stand legally. In the past he has taken a maximum of two weeks (usually only managing a couple of days).
My Husband gets 2 weeks paid Ordinary Paternity Leave up to 26 weeks paid Additional Paternity Leave but only if the I return to work.
He can additionally take as much as he wants unpaid.
As you are a sahm, he's only legally entitled to 2weeks (its only if you were working that the ability to take additional leave would kick in).
He must give notice by 25weeks pregnant though, in order to be eligible.
Are we talking about the 2 weeks 'ordinary' paternity leave normally taken when the baby is first born?
They cannot refuse to grant paternity leave if your husband meets the criteria summarised here: https://www.gov.uk/paternity-pay-leave/eligibility which he sounds like he does meet. Make sure he gives the appropriate notice which is 15 weeks before the baby's due date, which might be quite soon for you?
It's awful of an employer to try and refuse paternity leave.
He has to tell his employer by a set time - think 26 weeks and legally can take two weeks ordinary paternity leave, with statutory paternity pay, which is about £138 a week. Forms have to be filled in. He has the right to take any annual leave which is fully paid according to company rules. My dh took 2 weeks paternity leave and one week holiday.
Thank you, that was what I thought but wasn't sure if he was legally entitled to anything seeing as how I don't work.
In the past it has caused upset and bad feeling and when my dh pointed out that I had suffered with pnd his bosses wife (they have since divorced) came to see me and told me basically to self medicate with a glass of wine as dh was very busy at work and couldn't be spared for the fortnight he was requesting! This was when the business had more employees and I am sure it will be a problem again when this baby is born.
he's now also allowed to attend 2 antenatal visits with you without using his holidays allowance - up to (I think) 6.5 hours each.
There's a government page to explain it, a quick google should find it...
That's a real shame they have been so difficult with you in the past and you think they will again. Is it a very small company? I'm guessing there is no HR department?
You husband is within his legal rights to fight to be given paternity leave, it just depends how strongly you feel about it and how much effort you are prepared to go through.
There is some advice here which outlines the steps you would take to challenge your employer
It might be worth going through at least the first step, getting something written down in a letter to the manager/HR rep if you have one.
ACAS are a good place to get advice on employee/worker relations (www.ACAS.co.uk)
Also, there is a section of the Mumsnet forum on work issues, I'm sure if you reposted any questions there you would get answers from people with more experience in workplace rights / legal dealings
It may be best to ignore saying about pnd as paternity leave is a legl right not dependent on an easy birth/difficult birth/mental health issues - everyone is allowed it and the government pays the allowance. Whether a Mum is struggling after birth or not it irrelevant an employee has the right to take the leave as long as they meet the criteria in the gov link above. An employee has to give enough notice so however big/small the company is they can make provision - just like when staff take holiday, which is legal too!!
If you have pnd currently then can you ask your midwife to refer you y the peri natal mental health team or if you are concerned about having it again ask your midwife to refer you to the specialist mental health midwife for support?
I have already discussed the possibility of pnd again with the midwife, and the perinatal team have been in touch.
It is a small company (only the boss and dh at present), which is why I am worried.
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