Paternity pay

[Davidmuk]

Hi I wonder if anyone can help. My partner was due to have our first child and I was due to book paternity leave. I was unable to find my contract at home, so I asked my manager to contact payroll to ask what I was entitled to. He came back to me and stated he was informed 1 week full pay and 1 week paternity. Upon advice from a colleague whom asked me to get it confirmed in writing just to make sure, I asked my manager to contact payroll/HR again to confirm the above. On the 9th of July I received an email from HR stating I was entitled to 1 week full pay and 1 week statutory.

Ok so the 5th of October comes around and my child is on its way, to which I start my paternity leave. During the end of my first week of leave HR contact me at home via telephone and proceed to inform me that they were wrong with what they previously stated and that I wasn't entitled to paternity leave, paid or statutory. I was then forced to take two weeks holiday, forcing me to cancel previous plans I had book with those holidays later in the year. As well as this? It caused a lot of stress at home due to the timing of the call.

HR informed me it states in my contract I am only entitled to paternity pay, paid or statutory after 12 months service.

Where do I stand with this? Would they have to honour what they stated prior to me taking the paternity leave.

Also the entitlement for statutory leave is that I
must have worked for you continuously for at least 26 weeks by the end of the 15th week before the expected week of childbirth (known as the ‘qualifying week’)

I started my employment on the 5th of Janurary 2015 and the baby was born on the 8th of October 2015.


Thank you in advance and sorry for any spelling/grammatical errors as I am typing this on my mobile and the text screen is tiny.

[Kati]

Re: Paternity pay

https://www.gov.uk/paternity-pay-leave/overview

When you take time off because your partner’s having a baby, adopting a child or having a baby through a surrogacy arrangement you might be eligible for:
1 or 2 weeks paid Paternity Leave
up to 26 weeks’ paid Additional Paternity Leave, if your child was due or placed for adoption before 5 April 2015
Shared Parental Leave, if your child was due or placed for adoption on or after 5 April 2015

You can only get Additional Paternity Leave if your partner returns to work.

You may not get both leave and pay, and there are rules on how to claim and when your leave can start.

[Davidmuk]

Re: Paternity pay

Hi, thanks for the reply. I have read the above but I'm still unsure whether what they stated previously in writing stand or not.

[Kati]

Re: Paternity pay

[MENTION=26290]mariefab[/MENTION] might be able to help xx

[matt3942]

Re: Paternity pay

Hi [MENTION=74113]Davidmuk[/MENTION]

The employer seems to be all over the place. This is not an area I'm overly familiar with but having read the guidance this is my understanding:

• You are entitled to 1 or 2 weeks' paid paternity leave. The 2 weeks must be consecutive, and your leave cannot start before the baby is born.
• By the end of the 15th week before the expected birth week, you must have been employed continuously for at least 26 weeks.
• At least 15 weeks before the expected birth week you must let your employer know: the due date, when you want to start your leave (this doesn't have to be precise), and if you want 1 or 2 weeks' leave.

Using the dates you've provided (assuming my calculations are correct) it does seem as though you're not eligible to receive paid paternity leave, in which case you will have to use annual leave or request unpaid leave.

I'm sorry that's not what you were expecting.

- Matt

[Amethyst]

Re: Paternity pay

How about the employer informing him that he was entitled to paternity leave and would be paid 1 week in full and 1 week statutory before he took the leave, then changing their minds once he'd left on his paternity leave ?

On the 9th of July I received an email from HR stating I was entitled to 1 week full pay and 1 week statutory.

Does that have any standing at all ?

( looks like you did only just miss out on stat paternity leave - 26 weeks before 15th week before due date 5th Oct would be 3rd Jan and inform date would be 27th June- Not sure how actual birthdate fits into it if you already started paternity leave - did HR give you a reason for changing their mind on your entitlement ? )

[Amethyst]

Re: Paternity pay

Congratulations btw xxx

[matt3942]

Re: Paternity pay

It's certainly poor practice on the employer's part and the employee may wish to raise a personal grievance - perhaps the employer will issue a formal apology and offer some additional paid annual leave - but I don't think there's a claim to be made.

- Matt