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Pregnancy

Talk about every stage of pregnancy, from early symptoms to preparing for birth.

can my ex claim paternity leave?

13 replies

pinkyp · 23/10/2010 09:38

My ex and i split early on in this pregnancy and i got back together with my partner of 4 years. Everythings going well and my new partner can claim paternity leave for 2 weeks to help look after me and the baby.

The ex hasnt shown no interest in the baby but he will text me to tell me what he's bought for himself (new iphone 4, gone on holiday) and is yet to buy a thing for the baby. Keeps lying to me and trying to cause trouble with me and my partner. Anyway he has been texting me over the past week saying he needs to speak to me regarding paternity leave from work. I didnt think he'd be entitled to this? He'll not be seeing me or the baby which is what i thought paternity leave was for? I've tried searching the internet but cant seem to find anything. Also if he is taking paternity leave when he shouldnt can i report him to someone?

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Needaname · 23/10/2010 10:35

He's probably legally entitled but I'm fairly sure he'll need the MATB1 form or birth certificate as proof. If you withhold these his HR department are unlikely to authorise it. That's probably why he needs to speak to you about it.

pinkyp · 23/10/2010 12:14

Thats good. I'd have no problem with him having this if it was used for the baby but since he'll just be using it as time off to go on holiday rather than anything to do with the baby i thought it was a bit unfair.

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ilovefirelighters · 23/10/2010 12:52

im fairly sure only 1 lot of paternity leave/pay can be given per pregnancy wether its for the biological father or not. so if your dp is going to get it i cant see your ex getting it aswel. the government arnt that generous are they? like i said im not 100% on this but sure iv heard it somewhere.

pinkyp · 23/10/2010 12:57

i've heard this too! But i dont know what they do about it, dh hasnt had to take anything into work to prove anything - maybe they will ask at some point. He will be the one looking after us though so i hope they'll recognise this and let him have it

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sparklyrainbow · 23/10/2010 13:05

Quoting from DH's form:

"You must be able to tick all three boxes to get SPP and paternity leave.

I declare that:

  • I am the baby's biological father OR married to or in a civil partnership with the mother OR living with the mother in an enduring family relationship but am not an immediate relative
AND
  • I will have responsibility for the child's upbringing
AND I will take time off work to support the mother or care for the child."

Then the signature.

Don't know if this helps at all?

pinkyp · 23/10/2010 13:20

thank u! That means dh is entitled to and ex isnt so he couldnt sign that (unless he lied - quite possible being who he is!)

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YouHaveNothingButAHunch · 23/10/2010 13:24

As long as you are married to your dh then he is certainly entitled to the paternity leave. If you're not then that might be more of a problem.

I have no idea if they'd grant your ex pat leave too. But as long as your dh gets it that is all that matters.

CocoPopsAddict · 23/10/2010 17:08

I'd be tempted to just ask him outright: Why are you applying for paternity leave when you are not going to be using it to care for me or the baby? What do you need it for?

pinkyp · 23/10/2010 20:08

i know i wont get a honest answer if i do, he brings the baby up when he's after something else or wanting to cause gossip. Like when i told him if he wasnt interested in the baby then stop changing your mind, he said he was and he was off baby shopping and texted me to say he got a iphone 4, nike trainers, cds etc when i asked if he got anything for the baby i got a reply later with a picture of a teddy...yeh 'baby shopping'

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Rosedee · 23/10/2010 22:24

Does he know that paternity pay is about £124 a week and not your normal rate of pay?

pinkyp · 25/10/2010 00:13

Not sure, i know dh gets full pay with his job

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AnyFuleKno · 25/10/2010 00:23

I'd call his employer, but then I'm a cowbag

pinkyp · 25/10/2010 11:50

I am too esp some of the stuff he's said to me past few months, might send an email from a colleage :D

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