Shift Work / Paternity Leave

[bananarama05]

Hi all,

I've been pointed in this direction by the ladies on my AN thread so really hope you can help with some advice. The below is C+P from that thread so I hope it makes sense...

DP works shifts and 90% of the time is in charge of running the shift, usually with only 1 or 2 other non management members of staff in the building.

He's filling in his paternity leave form and has just thought of something. What's the legalities surrounding me going into labour (be it my due day or not) and him leaving mid shift? Is it his responsibility to make sure the store is covered or can he just effectively up and leave and start his paternity leave there and then? He's an assistant manager in retail if that makes any difference.

His (international!) company don't have a HR department and have been clueless on any HR related things (sick pay, not giving hourly paid staff their contracted hours etc) to date so he can't really ask directly at work just to make life more difficult so am hoping you knowledgeable lot may be able to shed some light...

Any advice would be greatly appreciated and if you need any more info to clarify anything please do let me know. Thank you!!

He's not entitled to just walk out because you are in labour, no. Paternity leave can't start until the baby has been born anyway, so if he wants to be able to leave work mid-shift in the event of you going into labour, he'll have to discuss with his employer how to arrange that, whether it would be annual leave or whatever.

Whose responsibility it would be to ensure the store is covered is also for him to discuss with his employer.

Thanks for the quick response flowery, the problem being his employer (to date) hasn't been able to answer anything he's asked.

He has some management background from previous roles with other companies and had to explain SSP/self certification etc and the new European maximum working time legislation to his area manager who is a graduate, straight out of uni and very... shall we say naive.

We're just trying to arm ourselves with the facts before he approaches the subject with work so he knows where he stands. Being first timers I guess we're pretty naive to it all too! :)

How frustrating!

Being allowed to leave mid shift is really a goodwill thing so I'd suggest for this particular subject he steers well clear of 'legal' discussion and phraseology. It's a discusson between him and his manager, something along the lines of

'banana is getting quite close to her due date now. I'm a bit concerned she may go into labour while I'm at work, and obviously I will want to take her to hospital. If that happens what do you think would be the best way to handle it, should I ring round and find some cover and take a half day, what do you think?'