Problems with DH getting his paternity leave

[Skoggy]

Oh, its becoming a nightmare!!!

Initially, his HR dept. told him that he needed to get a MATB1. Not knowing what to do, I asked my midwife. She informed me that they no longer issue MATB1's for paternity leave because it is considered a breach of data protection as his employer doesn't need to see ANY of my information. She told me that he needed to go onto the DWP webbie and fill out an SC3 form. So, he did that. Even on the DWP webbie it says "... You don?t have to provide medical evidence of the pregnancy or birth to claim Ordinary Paternity Leave." (copied / pasted direct from the website). Yet, his employer are STILL saying they need to have a MATB1!!!!!

Midwife won't issue one (I don't work btw so I don't have one. Found out I was pregnant after returning to the UK having lived in Sweden for the last 4 years so haven't got back into work yet) and DHs employer are insisting on having one. [hangry]

Has anyone elses DH /DP had problems like this? Anyone got any advice they can offer?

Many thanks.

He needs to direct his employer to the info on direct.gov.uk as clearly they are under the impression they need to see it (however, my DH had to prove it as did all my friend's partners) so I think this is a common misconception. I don't think your midwife can refuse to give you a MatB1 though, as if you decided to job hunt now you would still need a copy of it, so I think I would be tempted to insist on the form from mw rather than arguing with DH's employer.

Also, just a thought, does his employer pay over the statutory amount? Could this be why they are insisting on it?

No they only pay the base amount.
I'm seeing the midwife on thursday so I'll have a word with her then.

If employer continues to be difficult you can get a matb1 from your GP or produce the baby's birth certificate once s/he is born? Not that they have any right to this information at all, but maybe worth it just to keep the peace?

However, if the company is large enough to have an hr department they should know what they can and can't do. If it's not going to make things difficult at work, then in your husband's shoes i would write to hr with the sc3 form stating that: I wish to exercise my statuory right to take ordinary paternity leave and that you have enclosed form SC3 as required according to www.gov.uk/paternityleave/how-to-claim. Should you as my employer try to prevent me from exercising my statutory right to opl by requesting other information or placing other restrictions that are unlawful I will have no option but to raise a grievance in the first instance.

Page five of this guide from HMRc explictly states you do not need to give a MATB1.

www.hmrc.gov.uk/helpsheets/e19.pdf

If they still continue to be obstructive then take it to ACAS or speak to HMRC