Additional Paternity Leave

[1CEMAN]

I've recently notified my employer that as a father I wish to take 2 months off as Additional Paternity Leave. I was under the impression that the mother gets 52 weeks maternity leave, paid until 39 weeks and then the rest is unpaid. My wife has decided to go back to week after 39 weeks and we believed I was entitled to have the rest of the maternity leave transferred to myself as unpaid Additional Paternity Leave. As far as I can see I tick all the boxes where it comes to qualifying for this policy (worked for them over 5 years, will be caring for the child, gave them correct notice etc). However, my employer has said that maternity leave is only 39 weeks and anything after that has to go the mother and the father doesn't have any right to APL unless it is within the 39 weeks.

I'm sure it is relatively new law and was convinced that a father could take up to 26 weeks APL if the mother had gone back to work. I've searched the direct.gov website and couldn't really find anything concrete to support my understanding of the law. Has anyone taken APL? Any advice on this legalisation?

www.direct.gov.uk/en/Parents/Moneyandworkentitlements/WorkAndFamilies/Paternityrightsintheworkplace/DG_190788

Hi 1CEMAN - the link above from the Direct.gov.uk website sets out your entitlements quite clearly. You are right though, it is new legislation so it could be that your employer isn't quite up to speed with it yet - the information on this link should help, and you could point them to it to help you.
Good luck!

Thanks for the link, Ellypoo. I printed out the page and gave it to them but they are still not acknowledging that this piece of legislation exists. The thing that really annoys me is I work for RBS and you would think such a big international company like this would be up-to-date with workers rights. Not sure what my next move will be now, luckily I'm in a union so hopefully they will help me out.

I think your employer is confusing additional paternity leave with additional paternity pay.

You are entitled to take APL when your wife returns to work at 39 weeks, you just won't get any statutory paternity pay.

Yes as long as you're an employee, meet the eligibility criteria and give the correct notice you may take at least two weeks APL from 26 weeks after the birth so long as the total amount of leave for you and the mother does not exceed 52 weeks.

I can almost guarantee RBS will have the correct policy and procedures in place. I expect this is an ignorant manager to blame. Do you know if HR have even been consulted?

Have you looked for the policy on your company intranet? If you can point your manager to that you might find it sorts the problem asap. If not, your next course of action is to raise a grievance.

Sorry from 20 weeks after birth. An being attacked by tantrumming toddler

Anyhoo, a quick Google has found RBS policy. Looks legally compliant to me which suggests some dimwit somewhere in the management line is getting it wrong (not uncommon - I had a battle with another bank to get my bank holidays back when I had an HR remit!) www.rbspeople.com/microsites/maternity/downloads/EmployeeSupportPack_MaternityAdoptionPaternity_GBandOffshore.pdf

It's p16 btw and having had another look the bit about the mother returning doesn't look completely correct The individual who has taken maternity or adoption leave must have returned to work, a period of sickness, holiday or parental leave is not considered a return to work;. ie there's no legal reason why she can't be on parental leave or annual leave from what I remember when I read the legislation but there's nothing on any of the official forms that asks those questions so I'm not sure how anyone would check.

The manager who is handling it has already contacted HR and has given me that actual maternity/paternity support pack which you gave the link to. Like you said it explains perfectly that I'm entitled to it but for some reason the person at HR is not playing ball. I've been onto the Citizens Advice Bureau website and printed out some useful information which supports my cause. It really annoys me because I shouldn't have to be doing this, chasing around for information regarding this law. I mean, this law was passed over a year ago and a company the size of RBS should be fully aware of it. If they fail to acknowledge it this week, I'll have to do what you suggest and put in a grievance.

Maternity action also have good information on their website regarding APL.

It's been sorted at last! My manager sent me an email saying they had given her the wrong information and that I was entitled to the time off. No apology of any kind though but at least it's settled.

Thanks for all your help everyone.

Ha! I knew it

Delighted it got sorted relatively quickly. Enjoy your time off with new baby.