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Dh's employers being obstructive re: additional paternity leave

7 replies

sleepyhead · 20/09/2013 12:21

I'm due to return to work in 3 weeks time after taking 26 weeks of mat leave. Dh is then taking additional paternity leave from his work of 26 weeks which will include 3 months paid from my leftover statutory mat pay entitlement.

We gave Dh's employer ample notice over and above the stated minimum 8 weeks because we suspected that they would be tricky about it, but after no contact for weeks after submitting the HMRC form they have:

  • asked that the form be resubmitted because the notes page (instructions for employees) wasn't attached
  • then asked that the form be resubmitted again because there was a mistake on it (there was no mistake - I had kept a scanned copy. Suspect they had lost the form)
  • then asked for a letter from my boss confirming my return date
  • then asked for a copy of ds2's birth certificate
  • then asked for another letter from my boss confirming the date I started mat leave and the number of weeks I've taken
  • then asked for another copy of ds2's birth certificate (full certificate with father's details - they didn't specify at the time that this was what they wanted it for so dh took in his abbreviated certificate).

They still haven't confirmed that dh will be given the leave and time is ticking on. They have no official policy on paternity leave and dh was not given any guidance on what documentation he would have to submit (I suspect they didn't know).

Am I right in thinking that this leave is a statutory entitlement and that they won't be able to wriggle out of giving it? We've followed all the steps, done everything they've asked, he's been with the company for years and ticks all the entitlement boxes on the HMRC list.

If they keep kicking up a fuss could this be considered discrimination? Women going on maternity leave have a clear policy to follow and don't get this hassle, which I feel at the moment is bordering on harassment with the continual moaning from his employer about how unusual and inconvenient this request is.

Are they going to be able to process the statutory maternity/paternity payment on time given that they presumably haven't even started looking at that yet?

We are fucked if they screw this up for us. I presume I have no entitlement to extend my leave now since the timing would be too short notice so we would have no childcare.

Tell me it's all going to come right Sad

OP posts:
sleepyhead · 20/09/2013 12:22

By the way, this isn't a small company. They employ thousands of people.

OP posts:
flowery · 20/09/2013 13:00

As long as he meets the eligibility requirements and has given the correct notice and other information, it's not something they need to "give" him, it's something he decides to take.

There's no legal requirement to have a policy. When you say no contact for weeks, has your DH not been discussing this with his manager, in terms of cover, handover, that kind of thing?

sleepyhead · 20/09/2013 13:10

Flowery, dh is a minimum wage + bonus call centre agent so there's no handover, cover isn't something he's got anything to do with, and yes he's been talking to his line manager about it regularly (asking him to chase things) but his line manager doesn't have any particular clout with the off-site hr dept.

That's a relief to have it confirmed that they don't have to "give" it to him. We know this, but they don't seem to - his on-site hr contact keeps going on about having to get "permission from the client" (ie the company that he's currently taking calls for). Clearly this is nonsense.

Dh definitely meets all the eligibility requirements (confirmed by his employer). We checked this when I was still pregnant as the plans for my mat leave were based on whether he would be able to take this 6 months.

OP posts:
flowery · 20/09/2013 13:15

As long as he is proceeding with his manager as though he is going off on leave, that's all he needs to do. If they don't pay him, or anything like that, then obviously that will need addressing. I imagine his employer is contracted to provide x number of call handlers or something along those lines, so it's up to them how they do that if your DH is on leave but he shouldn't be concerned about it, that's between his employer and the end client.

sleepyhead · 20/09/2013 13:37

Thanks, that's what he's doing.

I guess if he doesn't get paid when he stops work then it'll be annoying but not the end of the world since we've got some money saved to cover the three months unpaid anyway. As long as the smp payment comes eventually.

I really thought it was sorted this time, but today the request for yet another employers' letter and the birth certificate just gave me the rage.

OP posts:
MrsMargoLeadbetter · 20/09/2013 18:18

Not wishing to excuse his employers as they are obviously and understandbly causing you stress....but is it possible that your DP is the first person to do this? Therefore there is a lack of process and understanding internally.

I read the other day about how few fathers take up the new extended paternity leave.

Hopefully they are just inept and will sort out the pay properly.

sleepyhead · 20/09/2013 19:45

Yes, he is the first apparently so hopefully things will be more straightforward for his two colleagues with currently pregnant partners who are considering taking his lead!

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