DH missed paternity leave notice deadline by 2 days

[amy1313]

Hi all,

Just wondering if anyone has been in this situation before and how things worked out if yes.

DH just realised that he was supposed to give notice to his employer 15 weeks before baby's due date in order to qualify for paternity leave and pay. He doesn't remember having to do this last time (two years ago), although I don't think things have changed in that time. Anyway, he's emailed his HR department now, but I'm just past 25 weeks now so the deadline was in theory 30th December. Is it likely they will just refuse to give it to him given he missed the deadline? I'm hopeful that it's just a technicality and two days actually won't matter? Was anyone in a similar situation before? It feels really silly that we didn't check but he's sure last time he just told his boss and that was it.

He hasn’t followed the policy so it’ll be up to his company to decide. The deadline isn’t a new one so he should have told them sooner.

The notice is a statutory requirement, so the company are allowed to decline it on that basis, but that doesn’t mean they have to decline it. Ultimately it’s the company’s choice whether to accept it late or not.

I think you'd have to be a pretty dickish company to enforce that. What would be the outcome in HR terms? A man going off sick with "stress" for a fortnight when his DW gives birth. An employee disgruntled and probably looking for another job.

They might be that short sighted but I bet they won't be, unless your DH is in a very easily replaceable low skill job and they don't care.

I work in HR. No we wouldn’t dream of refusing it in these circumstances. Yes we would like it by the deadline. We don’t do anything with the information though - we don’t even process paternity leave until the month after it’s been taken. We don’t have to notify HMRC by the deadline. Life happens. We’ve had 2 surprise pregnancies and a short notice adoption where we didn’t find out until after the ‘deadline’. We processed the leave as if it was in time.

I’m on maternity leave now and my leave was used as a training exercise for my replacement. We input it the day before I finished - well after the deadline. I’ve never worked anywhere where we would decline paternity leave received past the deadline. It doesn’t mean all organisations would be flexible though - most will be.

HR would rather process a late application than take a hit on staff engagement.

Thanks everyone that's encouraging. Hopefully his employer will be lenient about it.

I know it's totally our fault for missing the deadline!

Even my employer wouldn't be so terrible as to quibble over 48hrs

Also HR here. Definitely no issue with being 2 days late.

Hi OP, i know this is an old thread but i’m exactly in the same position as you, husband missed deadline by 2 days. What was your outcome? The replies you got are reassuring.

Hi @Ivf4203 sorry only seen your message now. It was absolutely fine, his employer didn't even say he was late or anything at all! I wouldn't worry 😊