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Pregnancy

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

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Original poster

Husband in new job, will he not be able to attend the birth or have any paternity leave?

36 replies

eeeeeeeeh · 02/08/2021 14:11

So my husband has only recently started a new job, he won't have been employed by them for long enough to be entitled to paternity leave, does this mean he won't be given time off to attend the birth? I have a c section planned and a 15 month old so I will need help after as I won't be able to lift my older baby and I will need him to watch our older baby while I'm in hospital. Is this right, does anyone have any experience of this?

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Lazypuppy · 02/08/2021 14:13

Not sure on exact legal bit but i thought its same as woman so if he started after you were pregnant he isn't entitled to anything.

He'll need to use 2 weeks annual leave instead if that is the case

NatMoz · 02/08/2021 14:14

He may be able to take annual leave. As it's a C Section you will have a specific date booked with the hospital so he can book time off around that date assuming employer is happy to approve.

Direwolfwrangler · 02/08/2021 14:15

Details of entitlement are here:
www.acas.org.uk/your-paternity-rights-leave-and-pay

If your husband is not eligible his company may have alternative leave arrangements they’ll allow him to use. Possibly unpaid though - he will need to discuss with his employer.

Scirocco · 02/08/2021 14:16

www.gov.uk/paternity-pay-leave

If you're in England, the website above might help you work out what he's entitled to. I think the same guidance applies in other parts of the UK too but I'm not 100% sure.

ActonSquirrel · 02/08/2021 14:17

@Lazypuppy

Not sure on exact legal bit but i thought its same as woman so if he started after you were pregnant he isn't entitled to anything.

He'll need to use 2 weeks annual leave instead if that is the case

I think that's right. You must have been employed for 26 weeks before taking paternity leave.

I remember a new male trainee solicitor start at my firm and then promptly pulled a face like a slapped arse that he would have to use leave to be off with his wife for his second child's birth. That early in to his contract I'm not sure all his leave got granted.

You can't always plan for these things but it was an interesting decision to have a second child right at that point.

ineedaholidaynow · 02/08/2021 14:18

Will he have accrued enough annual leave?

happytoday73 · 02/08/2021 14:18

My husband got no paternity leave as changed jobs while I was pregnant .. He just took a weeks unpaid leave...
He just needs to talk to employer and book the time off

ActonSquirrel · 02/08/2021 14:19

@ineedaholidaynow

Will he have accrued enough annual leave?

Yeah that was the issue with our old trainee. Been here 5 minutes wants 2 weeks off...missing some of the training and induction.

Original poster

eeeeeeeeh · 02/08/2021 14:19

Yeah he could try for annual leave from the day my section is booked and just hope it's granted and I don't go early! Just seems crazy he's not even legally entitled to any unpaid leave that it's up to the company

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blakeway45 · 02/08/2021 14:20

We had the same with DC1. My DH took 2 weeks unpaid leave and also a week annual leave.

Original poster

eeeeeeeeh · 02/08/2021 14:21

He will have been there for 7 months by the time I'm due so will have accured annual leave

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ActonSquirrel · 02/08/2021 14:22

@eeeeeeeeh

He will have been there for 7 months by the time I'm due so will have accured annual leave

Oh that's OK then.

The government website says to qualify for paternity leave you must have been employed for 26 weeks. 7 months is more than that.

I thought you were about to have baby 👶

jenkel · 02/08/2021 14:25

Dh changed jobs the week I gave birth, he just delayed his start by a few days so unpaid, it was a struggle for me as we had a 15 month old also, but we managed, just.

Lazypuppy · 02/08/2021 14:25

7 months should be enough time, why do you think it won't be? Same as pp, i presumed you were about to have the baby

Original poster

eeeeeeeeh · 02/08/2021 14:31

No sorry for confusion. I'm due end Jan but he only started new job July 1st so he won't have been there for 26 weeks by the time I'm 15 weeks before my due date. He'll have been there around 12 weeks by then so isn't entitled to any time off for the birth or after it seems

OP posts:

Nat4392 · 02/08/2021 14:41

My husband started a new job after losing his during covid and it was not long before I was due. He didn’t qualify for paternity pay or leave and got only the statutory 2 days. Which is ridiculous. The only way around it is to use annual leave.

BeansMeansBeans · 02/08/2021 14:43

My husband was compassionately given a week by his work, can't remember if paid or unpaid. So if he doesn't get much annual leave, he could ask

NailsNeedDoing · 02/08/2021 14:46

Even if he’s not legally entitled to it, his employer may still grant unpaid time off. His best chance is to be honest and ask about it as early as possible. If they say no, he’s can still ask if they would be able to grant him annual leave at short notice when the time comes. If he’s a good employee and they are even a half decent employer, they should be able to work something out.

Caspianberg · 02/08/2021 14:47

www.gov.uk/parental-leave/entitlement

He can take unpaid parental leave though I think. Up to 4 weeks per child in one year. You will have 2 children, so technically he can take 8 weeks unpaid parental leave in 2022 if needed.

So in your scenario maybe he can take 2 weeks annual leave, plus 2 weeks parental.

Dyrne · 02/08/2021 14:58

@Caspianberg

www.gov.uk/parental-leave/entitlement

He can take unpaid parental leave though I think. Up to 4 weeks per child in one year. You will have 2 children, so technically he can take 8 weeks unpaid parental leave in 2022 if needed.

So in your scenario maybe he can take 2 weeks annual leave, plus 2 weeks parental.

You have to have been with the company for a year to qualify for unpaid parental leave; unless the company agrees.

Original poster

eeeeeeeeh · 02/08/2021 15:11

From what I've read he's allowed time off for the scan appointments (which he is choosing not to take as he's new) but hasn't been there long enough for time off for the birth or after! He will try for 2 weeks annual leave and maybe they will be kind and allow unpaid leave on top. He's only been there a month so I'm not sure when he should ask for this, maybe we'll wait a month and hopefully they won't be too annoyed that they haven't had more notice

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mrscatmad31 · 02/08/2021 15:18

This happened with my DH when we had our second DD, his employer luckily let him have two weeks annual leave off when I went into labour (was agreed beforehand!) At the time was annoyed he had to use 2 weeks holiday but then Covid hit 6 weeks later and he was then furloughed!

Caspianberg · 02/08/2021 15:20

Is there any opportunity to work from home as well for 2 weeks? Not great but at least then he is around a bit longer am, ready pm as soon as finished and could help at lunchtime taking toddler 30 mins for walk and putting down for nap

Samanabanana · 02/08/2021 15:29

It's standard rules unfortunately. DH was offered a great new job during this pregnancy but turned it down as he wouldn't be entitled to take paternity leave amd they weren't willing to negotiate. He's recently started a new job (I'm due in a few weeks) and negotiated that he would recieve full paternity pay for two weeks as part of his package. I would recommend him speaking to his new employer asap as he may be able to negotiate something. Ideally he'd have negotiated this as part of his Ts & Cs before starting but will have to ask retrospectively. Good luck!

QforCucumber · 02/08/2021 15:32

@ActonSquirrel it is 26 weeks by the 15th week before the baby is due, so basically you need to have been employed for 41 weeks on the due date (or, as someone above said, be employed when she fell pregnant)

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