Employment/Sickness/Paternity Leave

[chesspawn]

HI

I am in a very difficult position and would like to know your thoughts.

I am off sick at the moment, signed off, my pay will stop from next month or two and have been told my job is at risk. I am still an employee though.

My partner is pregnant.

I would like to apply for paternity leave as I am still an employee, but not sure how this works as I am off sick. Also I wasn't able to provide enough notice to my employer before as I wasn't in the right state to do things.

Would it be fair to say I can apply? (or) could the employer refuse the request.

If they fire me, I guess it wouldn't apply. But would applying for paternity leave still be within my rights considering the circumstances.

Thanks

You need to talk to ACAS on this one.

I would assume not if you're not actually working?

Do you qualify for paternity leave? www.gov.uk/paternity-pay-leave/eligibility

If the only criteria you can’t meet is correct notice apply today and see what your employer says.

Paternity leave isn’t something you apply for- if you’re eligible, you notify your employer. If you’ve missed the notice requirements they could refuse it but as you’re off sick anyway does that matter?

Paternity pay is different, and if you’re off sick you may not meet the minimum pay requirements to get paternity pay.