Paternity leave from new job

[lifechangesforever]

DH has starts a new job next Monday (14/5). I am due to give birth 18/7.

Now we know he's not entitled to paternity pay because he's not been there 26 weeks and that's fine, we can cover the lack of income but is he actually entitled to leave at all - I.e. can he take unpaid leave (on grounds of paternity) instead and can they refuse this?

He can't take it as annual leave because we have a holiday to Florida booked for November, which is 12 days and he has to save holidays for when the place shuts down over Xmas and that's his pro-rata entitlement gone for starting part way through the year.

We've accepted that we're not going to get a nice 2/3 weeks at home settling in with baby together but what about the actual birth? We'd like for him to take 5 days unpaid to hopefully cover birth and a couple of days at home (presuming all goes 'well'). I'm just scared he's going to be flat refused and with it being our first, I'm going to be all alone.

Of course, I'm sure his new employer is lovely and I'm worrying over nothing!

I can't offer any advice but I'm in the same boat. My husband starts a new job in September in a school and I'm due 4 weeks later. I'm not expecting much but I'm hoping they at least let him have off the day of the birth and the day after as well! At least we get a week half term a few weeks later in October...

It's a frustrating situation to be in though!

Both partners could apply for unpaid parental leave if the organisations didn't stipulate that you have to be there more than X amount of time

Once you've done a year the old limit was 13wks it's now risen to 18wks but hopefully if they just wanted 2-4 weeks it might be ok?

Not sure I understand @Bellabutterfly2016 ? He'll have only been there around 2 months when DD is due?

I work for the NHS so I have a quite good enhanced maternity leave so wouldn't have shared leave anyway

I suppose the answer is that yes, they can refuse him unpaid leave and just because it's for birth of a child makes no difference in this case. Just got to hope it doesn't come to that I suppose! I'm trying to get him to tell the HR department before he starts so they're at least aware.

@surreygirl1987 it really sucks doesn't it. DH was planning 3 weeks off from his old job but was made redundant! New job is wayyyy better all round but really bad timing.

Sorry didn't explain that too well. I meant that both daddy's of both families could always apply for unpaid leave - people in our organisation do for various reasons then it goes to a panel to be considered - we take applications from ALL staff even those in probation periods - reasons including

1 lady got a week off to nurse her mum after a hospital visit

Moving house

Kids poorly

Training course not work related e.g. Cookery course in Italy

Extension of paternity leave

If people have used al their annual leave

So hopefully both the respective organisations would look on the requests favourably regardless of length of service. I'd ask them sooner rather than later tho then they can cover the roles/duties if needs be.

If you don't ask, you don't get x

I would sincerely hope no company would refuse an employee leave to attend his child's birth. At the very least he should get the day off for that.

As for the week off it would depend on what his job actually is and how busy they are. Is there a citizens advice near you? They could let you know what your rights are in this situation.

If he doesn't have any right to paternity leave he should request the time off unpaid ASAP.

He's a Business Analyst so purely office based so I would presume that any work he's got could be on hold for a few days especially just for the birth.

You're right though, he needs to tell them ASAP. He did tell the recruiter I was expecting so the company actually might already be aware.

Usually pre-booked holiday is ok so I'd just explain the situation now and try and get it pre-approved, I'd hope they'd be sympathetic.

Yeh probably giving them a heads-up is best as soon as possible. My oh is going to tell his new school in a couple of weeks so hopefully they'll be considerate...!

He’s not legally entitled to paternity leave, paid or unpaid. He could apply for unpaid leave though.

Let's hope both employers are kind and decent - Most places are ok with things like that in this day and age and if they refuse say 2 weeks off take advise from ACAS as to how to try to resolve the issue.

He's not entitled to paternity leave, nor is he entitled to unpaid parental leave (as you need a year of service). He could ask for normal unpaid leave though.

Honestly, this is something he must do before starting. He stands far more chance of success. Holidays and time off for pre existing holidays SHOULD be agreed/negotiated before starting as standard. Waiting until afterwards is way too risky and he's leaving himself open to x,y,z is already off so you can't have it. Arranging it before starting usually goes much better.

In this day and age I can't imagine many employers want to be the one who sticks their hand up and says no to time off for this reason. I'm sure there are some but most companies are actively working to say they can offer a family friendly environment (although I'm dubious as to how many are really trying vs the number who actually do/just say it).

Both myself and DH have negotiated unpaid leave before starting in several jobs we've had. All been fine. A couple of people I know waited until they were settled in and it was declined due to there not being adequate cover. Obviously it depends on circumstances but I'd always say he stands more chance of success asking now.

If you mentioned it at the recruitment stage I'd suggest he discussed with his manager asap after starting and then drops an email to get it confirmed in writing. Most would be ok, and if not you could try to escalate to HR but not the best way to start a new job.
If it is denied, do you really need the Florida holiday as much as you need time together with your new baby? Could you sacrifice some days?

My husband's company let him work extra hours to build up TOIL prior to my due date perhaps that's something the new company might consider?

The holiday to Florida has been booked since May last year so there's nothing to be done about that - he's already taking the minimal days possible for it (I.e. going back to work the morning after landing, usually takes a few days to get back to normal as the jet lag is horrible). We were under the impression we couldn't have children naturally so the pregnancy came as a complete surprise.

I suppose my question was is the unpaid leave treated any differently because it's for paternity reasons, as there isn't any advise online about this, I've found out that isn't the case so that's fine - will see what happens next! I will have my mum at home for 2 weeks (she lives 7 hours away) so that's something at least.

Just an update that DH started new job on Monday and they've said that taking 1-2 weeks unpaid leave isn't a problem

Brilliant OP. I thought that would be the outcome. Good companies will see the bigger picture and think about employee satisfaction. Make sure that if he doesn't already have it in writing that he sends a quick follow up email "thanks for agreeing that I can take 2 weeks unpaid leave after the birth of my child. Just to confirm baby is expected on x and that I will update you when they are actually born. Thanks again it's very much appreciated."

That's brilliant op :) must be a weight off your mind :) :)