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Employer told husband he doesn't qualify for Paternity leave after he has taken it.

7 replies

Ivhadnosleep · 06/04/2021 00:02

Just that really, husband told his employer the baby was due and his requested days off for paternity leave. This was agreed by the employer very early on in the pregnancy..now husband has taken his leave and has been told he won't get paid for it at the end of the month because he is short of being employed by them by 1 week.
Does he have any rights? Its seems very unfair as other arrangements could have been made. He doesn't have enough annual leave to cover it.

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Elouera · 06/04/2021 00:08

Has he kept all emails/documents indicating he qualified for pat leave? Does he have a copy of his companies pat leave requirements? I assume its a generic government qualifying period like mat leave, but my company also had enhanced mat leave too. Has he checked the government requirements to qualify to pat leave?

If not in a union, speak to his HR department or ACAS.

Persipan · 06/04/2021 07:12

Did you by any chance deliver the baby a little early? I can see how that could make a difference, if he would have been entitled at your due date but wasn't earlier. (Although IMO any reasonable employer, in this situation, should do the gracious thing and let him have it anyway.)

JemimaTiggywinkle · 06/04/2021 07:20

It’s not clear from your post if you think he is actually entitled to paternity leave and work has got it wrong, or if he isn’t entitled but work should have told him he isn’t.

Also, do you mean statutory leave, or does his work pay paternity leave too?

You can check if he is entitled to statutory paternity leave here: www.gov.uk/maternity-paternity-calculator

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Sunshinebunshine · 06/04/2021 07:28

The key question is is he entitled to it or not?

YRGAM · 06/04/2021 08:18

Same thing happened to me. Inclusive employer my arse. I just took it unpaid.

TakeYourFinalPosition · 06/04/2021 08:38

Did they confirm he’d be paid; or just approve the leave?

It seems he has taken the leave, but you weren’t aware that it would be unpaid, so it’ll be critical whether they told you that it would be; and whether you gave birth early.

Ivhadnosleep · 07/04/2021 21:09

He was told he would be paid paternity from his work. The paternity leave was booked well in advance as it was a planned section. All was agreed, however , it appears nobone checked officially if he was entitled. This was assumed in both part, however, as his pay is due ( on the 15th ) the fact he was a week short was flagged up.

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