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Paternity leave - Why can't you take it unpaid?!

6 replies

Biggem · 22/03/2011 20:53

My OH doesn't qualify for paternity leave as he hasn't been in his new job long enough (3 months at the moment, due in mid May) but as far as I can tell he can't even take the time off as unpaid paternity leave - is this right, surely it can't be he pays his NI and all the rest of it so is this just incredibly unfair?!
(he can' take holiday either as he is not allowed to take leave near the end of the month & it is his year end too)

Can anyone help...please?

OP posts:
stealthcat · 22/03/2011 20:54

Can he take parental leave instead?

stealthcat · 22/03/2011 20:55

here

Metters · 22/03/2011 20:59

He needs to 12 month service for parental leave.

KatieMiddleton · 22/03/2011 21:28

He can't take it unpaid because he's not entitled to take paternity leave at all. However, it's very mean of an employer not to allow your dh annual leave and also foolish because a managed absence is just that - managed.

Your dh could tell his employer he is taking emergency leave to attend to a dependent (ie you) who is having a baby. He can't take leave to look after the baby but he can take leave to look after you. This leave is unpaid and cannot be declined by an employer as long as you dh is an employee (not a contractor/agency worker/worker that's not an employee). Emergency leave here employment status here. His contract might allow paid compassionate leave so he should check that.

Biggem · 23/03/2011 09:53

Hi!

Thanks so much for the links & advice I will get him on to it today and I will dig out his contract tonight.

:)

OP posts:
KatieMiddleton · 23/03/2011 12:42

You're welcome Smile. Good luck with it all

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