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Original poster

paternity leave- Dh refused at last minute (I am 37 weeks almost!)- suggestions?

28 replies

Peachy · 07/03/2008 07:35

Dh was told this morning he can't have Paternity leave, he put the forms in 14 weeks ago (I am 37 weeks on Sunday next), we used the forms from the ACAS website and copied the guidance to them as well because he's the first to use the paternity rules there. His boss called him in today and said he can't have it, they only accept internal forms not the ones from the ACAS and government websites, and the Human resource lady didn't didn't process the forms before she'd given holiday to too many poelpe (baby due at Easter, one of their busiest epriods both for wotk and holiday requests).

Without it we're stuck, he doesn't have enough holiday , we have 3 kids already 2 disabled and live a good distance away from anyone who can help with htem. We have a homebirth booked and a Doula so that DH can be with the boys and she can be with me. Without dh there, there'd literaly be nobody to have them as family don't drive.

DH ahs to call the HR lady today when he wakes (he works nights), any adivice?

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mollymawk · 07/03/2008 07:38

Not an expert myself, but I thought 2 weeks paternity leave was an entitlement now? Are they allowed to say no? Hopefully someone knowledgeable will come along.

WallOfSilence · 07/03/2008 07:42

Does he have a union?

I would make that his first port of call when he wakes up & see what they say. They should be on his side.

If he doesn't have one then he should call one & ask for advice before he joins.

NorthernLurker · 07/03/2008 07:56

They can't not accept the forms - it is a legal right! He put them in at the right point and the number of people they've got on annual leave is neither here nor there!
here is the government website Stand your ground - good luck!

Fillyjonk · 07/03/2008 07:57

nonono this is a right if he is an employee and has been there 6 months and earns above a certain (quite small) amount-about £80 pw iirc.

check the tiger website

Fillyjonk · 07/03/2008 07:57

x-linked

Fillyjonk · 07/03/2008 07:58

"To qualify for leave, you must tell your employer in writing at least 15 weeks before the beginning of the week when the baby's due:"

so you should be fine

agree go to union if he has one

NorthernLurker · 07/03/2008 07:59

2 links are better than one!

Fillyjonk · 07/03/2008 08:00

also acas

Fillyjonk · 07/03/2008 08:00
Grin
Fillyjonk · 07/03/2008 08:01

ps htf are you 37 weeks pg peachy? how on earth has that happened?

Original poster
Peachy · 07/03/2008 08:02

Will call ACAS later- he's been tehre nearly 5 years and yes definitelye arns over that amount or we'd starve LOL!

We put a copy of the ACAS guideleines in with it, we always do that from past experience- sigh. its always the same there!

OP posts:
Original poster
Peachy · 07/03/2008 08:03

How am I 37 weeks? well we went on this camping trip and got a bit drunk and....

PMSL

has flown by hasn't it?

OP posts:
fryalot · 07/03/2008 08:04

Peachy - they can't do this.

I understand that they have given other people holidays and time off at a busy time of year for them. This is not your fault, and it is not your problem. They knew about your pg, they are now trying to get themselves out of a hole that they have dug themselves.

Speak to ACAS, speak to the CAB and if you need to, speak to an employment solicitor. This is not something that can wait either.

Good luck.

Filly - when a man and a lady love each other very much, the man plants a seed inside the lady and a baby starts to grow....

Ledodgy · 07/03/2008 08:14

He is definately entitled to the two weeks paternity leave although it is only something like £112 a week My dp took 2 weeks of his holidays instead as we would have lost too uch money if he'd have taken the pat leave.

Fillyjonk · 07/03/2008 08:17

eeeeeeeeeeeeeeeeeeeew squonk

REALLY?

PillockOfTheCommunity · 07/03/2008 08:19

Is it your dh that works for my ex employer Peachy? With that new delightful burgundy colour? If so I can't say as I'm at all surprised, I had similar problems when staff I did payroll for were off on Mat Leave. They need a kick up the backside of the most painful kind!

fryalot · 07/03/2008 08:22
Smile
kayzisbroody · 07/03/2008 08:50

He has to have it. It is Illegal to not let someone have there Paternity Leave.

You could probably sue them for a lot of money. I know someone that was refused his paternity leave and sued his employers and got enough to buy a very nice house and car.

Original poster
Peachy · 07/03/2008 08:51

it is Pillock- same poeple! There's this just one old lady (I presume she's old anyway, she's got an old aldies name) and her intray apparently still has holiday forms from 2006 for processing!

Not exactly a small company though are they? And they just won a huge contracta s well so it's not going to get any better...... (but he's off to Uni in 18 months so no point going elsewhere with that in mind)

Yes it is a tiny sum per week- but DH has been a good boy and been saving up his money from his ebay shop.

OP posts:
Twiglett · 07/03/2008 08:56

Tell them that you have taken advice and as you have followed the processes correctly they cannot legally refuse your leave.

Tell them that you appreciate how difficult it is for them but this is not a frivolous request but a necessity as your wife is having a baby and you are needed at home.

Original poster
Peachy · 07/03/2008 09:24

Just spoke to ACAS

Definitely NOT allowed, but if he takes the leave before he ahs ahd time to raise a formal grievnace and have it addressed, they could sack him

He's not in for a few days now and I've already been told I could go any day- best use a cork to keep this baby in!

OP posts:
fryalot · 07/03/2008 09:27

I suspect that if they did sack him, you could do them for unfair dismissal. They have known about this for months and to tell him at such a late stage doesn't give him much time to actually raise a formal grievance.

Not that that would help you in the short term though (although he would be at home to help with you, the kids and the baby )

Could he/would he mention the possibility of suing them over this when he speaks to them? It may make them panic and give in without him having to take it any further.

(and they should be panicking, this is so wrong, and unfair that it could be worth thousands at a tribunal later on.

fryalot · 07/03/2008 09:27

forgot to close my brackets)

Original poster
Peachy · 07/03/2008 09:36

I imagine he'd get an easy win as he's had lots of problems with HR before- they kept losing his claim for flexible working and tried to interview him at one point to ask why he hadn't declared ds3's disability when he was interviewed for the job (er because ds3 was 4 weeks old and we didnt know until he was 3????)- they're quite shoddy, DH refers to it as 'the last cowboy industry'. laughably, it's been until the last year part of one of the most well known companies in the UK.

I know Dh won't go in if I go into labour, he just can't risk it- if thee was a complication I wouldn't be able to go into hospital and that would put baby and me at severe risk after all. He's got his priorities quite straight on that one!

OP posts:
PillockOfTheCommunity · 07/03/2008 12:06

It's not helped by several changes in key members of staff over in the Personnel dept. They ended up paying the head guy not to come back, cost them loads, then his replacement lasted less 6 months.

They really are dark ages, I fell out with the big bosses on more than one occasion because I questioned their policies and procedures, which is why I didn't bother going back after Mat Leave myself!

If I can help at all, I still have contacts at HO, then let me know and I'll do what I can.

Hang on in there, your baby is so much more important than those t@*#ers!