Advice on paternity?

[StevenB1]

Hello all, hope you are all well :)

Me and my girlfriend just had our first child (Hunter) on friday via emergency c section, 7 weeks early and born at 3lb 13oz, safe to say it was a shock and there have been a few complications but he is starting to pull through :)

All that aside, I was off work on the Friday when this happened (thankfully) as soon as I knew baby and mum were fine I contacted work to explain what had happened and the circumstances, currently he is in an intensive care unit but is due to be transferred to a closer hospital once better, currently we are traveling 45 minutes each way per day, sometimes twice per day etc to see him, also involves toll fees and parking etc.

Work have said that I haven't been working there long enough by 4 days, and since baby was born early, I fall short of paternity pay through my work, who pretty much told me to go to the job centre and see if they could help. There is nothing in my contract about paternity sadly so I have nothing to confirm or deny what they are saying. It will be another 2 weeks or so before baby is home and obviously partner is limited to what she can do around the house etc so I will have to take the time off, to which I also have to use work holidays (not as much of an issue).

Would it be best to go to Citizens Advice about the pay issue? Or has anyone else had this problem?

Thank you.

This is off ACAS site.

Receiving paternity pay
Employees or workers who take time off may be entitled to either Statutory Paternity Pay or Contractual Paternity Pay.

Statutory Paternity Pay
Statutory Paternity Pay will be payable if an employee or worker has been:

working continuously for one company for at least 26 weeks ending with the 15th week before the expected week of childbirth
has an average weekly earnings at least equal to the lower earnings limit for National Insurance contributions.
Since April 2018 the rate has been £145.18 per week or 90 per cent of the average weekly earnings, whichever is less. From 6th April 2019, the rate will increase to £148.68 per week.

Contractual Paternity Pay
An employer may choose to offer a rate of pay which is higher than the statutory rate. The amount and the length for which it is paid should be set out in the terms and conditions of employment. Contractual paternity pay cannot be lower than the statutory rate.

It’s due date not birth date that is relevant. How long have you worked for your employer?

I've worked their since the start of Sept last year. Due date would have been May 30th.

Basically as it went, when I phoned my boss up he said to take paternity leave now obviously and leave it as that but failed to mention I wouldn't be getting paid. Wasn't until I didn't receive anything that I phoned accounts up to see what was happening. Said they would print off some company forms stating I wouldn't be getting paternity pay off them and as such to try the job centre, which I don't think I should have to do.

It’s nothing to to with your baby being born early then, you just haven’t worked there long enough. It’s just the way paternity pay works unfortunately.

The employer is correct (assuming all the dates are correct).

Can you take paid holiday instead?

Na. Truth be told I'd rather use savings than have to use holidays as may need them further down the line depending how things go.

Sadly it's become a bit of a dispute as accounts think I've been there long enough, only reason they are sending out paperwork to take to job centre, from what the head of accounts said on the phone it's come down to manager discretion more than company rules, sadly.

It's not discretion or company rules, it's law.

Read the post above, that's the LAW. They cannot deny you statutory paternity pay.

I have no idea what they think the job centre will do. Women can get maternity allowance instead of maternity pay but I don't think men get paternity allowance. I might be wrong but I've never heard of it.

But either way, if you've been there the right length of time which it sounds like you have then they have to pay you the stat pay.

If there is any company paternity pay, see what your contract and policies say, that would be on top of the stat pay. This is highly unlikely to be discretionary anyway if it exists.