Paternity Leave

[Melbsstar]

Hi everyone

Hope someone can offer a bit of advice on this.

My partner works at Aldi, he’s been told through the pregnancy he’s entitled to 1 week paternity leave and 1 week sick pay, for this reason he’s been saving his holiday aswell so he can have a big chunk of time off.

My EDD was 4th November, so week beginning the 02/11 other staff members were put ‘on hold’ in case he couldn’t come into work and needed his shifts covered. Week beginning the 09/11 they gave him no shifts at all, he assumed this was unpaid leave as they said again was just in case baby came. Baby was born on 10/11 via emergency c-section and myself and baby were in hospital for 6 days and we’ve just got home 16/11. My partner has called into work to say he wants his paternity to start today as baby is here and home. They’ve refused and said it was to start from week commencing 09/11 as he wasn’t at work.
I don’t think this is correct as never discussed this or okayed it as his start of paternity but work are refusing to budge.

Is this just the way it is or can we argue this? Has anyone been in a similar situation?

Thanks anyone who has taken the time to read this far!

Congratulations!

Did he request the week beginning 9th as paternity? If not, did he query why he had no shifts? What made him assume it was unpaid and was he actually paid for that week?

I’m no expert, hopefully someone else who knows the legalities will comment but it doesn’t seem right. Work had no way to know baby had even been born. Or did he tell work officially maybe?

If there’s an HR department I’d give them a call. My partner has been told just to call work and inform them when he’s taking paternity, although he is on more regular shifts than your partner.

I believe it is up to him when he takes paternity leave and it could be taken when baby is 3 months old for example. However as I said no expert. Not what you need with a newborn though!

He can take 2 weeks paternity leave legally. It cannot start before birth so couldn't have started before 10th November. Did he not ask them why he had no shifts?

www.gov.uk/paternity-pay-leave/leave

Have a look at this. It specifically says that paternity leave cannot begin before the birth

Paternity leave needs to be taken within the 56 days after birth. Why are they saying he can only take 1 week? He can take 2 weeks