Paternity leave question - bit complicated!

[NorkyButNice]

This could be a bit rambling so I'll try to make it as simple as possible!

DC is due on 13th July, but obviously could come anytime a couple of weeks either side of that.

DH has got a new job but unfortunately needed to give 9 weeks notice to his current employers, meaning that he is due to finish one job on 21st July, and start the next on 26th July.

He gets 2 weeks full pay from his current employers, assuming he's working there when I give birth. If he leaves their employment midway through this 2 weeks, I presume they have no reason to pay the complete amount?

He would also get 2 weeks full pay from his new employers (even if I gave birth the day he started) but I presume they wouldn't have to pay him anything if I gave birth the day before his contract officially started?

I hope this makes sense!

His current employer, yes, he is entitled to two weeks and if he gets full pay then, assuming that's in his notice period and not after his termination date, he should be paid.

If he leaves employment, I think they could stop paying SPP from that date. They could definitely stop paying the difference between SPP and full salary (unless their policy says otherwise).

In terms of the new employer, they don't need to offer paternity leave unless he's been there six months,so I think your husband will need to ask. It's good that they offer full pay regardless of service , just need to work out the details.

Thanks for confirming what I suspected!

He's got slight flexibility in which date he chooses to leave but not enough to guarantee we'll miss the delivery and 2 weeks following.

Am currently crossing fingers that baby comes a couple of weeks early or a couple of weeks late and not in the middle!

Maybe if he asks nicely his new employer would let him be on paternity leave even if his employer changes part way though?

If I was an employer and offered full pay for two weeks after no service, I'd think joining a week 'late' by being on paternity leave was better than waiting and then taking the leave after a couple of weeks in post, and legally he has 56 days after the birth to take the leave. They might be willing to be extra nice, given how nice they are generally.

Got to be worth a try?

Thanks RibenaBerry.

I didn't realise he could take his paternity leave anytime in theory - so he could actually wait till he started the new job and take the first 2 weeks off in theory (not that that would be the best way to start a new job!).

Will have to wait and see when the baby turns up!

Well, it's a bit complicated.

You have until 56 days after the birth to take the leave, but you have to fulfil certain notification requirements. It's not that you can choose at the last minute and you have to fulfil certain notification requirements which he wouldn't have time to do with the new employer (because you normally need to have worked somewhere six months at 15 weeks before the EWC (I think, sorry, bit rusty and in a hurry) it isn't normally an issue).

Thing is, your DH is working under a company policy, not the actual legal rules. They have disapplied the rules on service, and enhanced the pay. I suspect that the rules about when you can take leave are the same, but you can't be sure without looking.

I just think it's worth a plea to the new manager is all. They might be quite understanding (stranger things have happened...) and since we'd only be talking maximum of two weeks and it's not something most employees do more than two/three times (unless you have a big, big family!) they can afford to be quite flexible without setting a difficult precedent.