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Paternity leave question - can employer change leave date without notice?

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  • #1

    Paternity leave question - can employer change leave date without notice?

    Hi there,

    Just a recent issue that cropped up and found this forum looking for advice online.

    My wife was due later this month and had arranged paternity leave about 2 weeks after the birth (planned around family availability to help, so I would be home for 2 weeks when help was most needed). This was approved my my line manager and HR.

    What happened recently is due to health issues related to the pregnancy, my wife was rushed into hospital a few days ago meaning I've missed work Monday and Tuesday to be with her in hospital (she and baby are both fine now, but c section for birth a couple of weeks early planned Wed/Thursday now).

    My work emailed me at the end of the working day to say my paternity leave will now begin once baby is born (like 5 weeks earlier than planned) - is this something they are allowed to do on extremely short notice, and do I have to agree to this?

    My job is on a rota of 2 weeks work, then 2 weeks off, so if I start the paternity leave early I am forced into taking paternity leave in time I already have off (apart from the days I missed this week, usual time off was about to begin).

    I want to tell them I would like to keep my original planned paternity dates, but don't know if I'm within my rights to do so. Did want to call acas or something, but got in late from hospital tonight.

    Any advice would be greatly appreciated - super stressed right now! Thanks
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  • #2
    Re: Paternity leave question - can employer change leave date without notice?

    Firstly congratulations.

    Most company's understand that the arrival of a baby is not an exact science and in any case I assume they were aware that you has not planned to take your paternity leave immediately after the birth but a few weeks later. Paternity leave can be taken from immediately after the birth but must end within 56 days of the birth. This means that so long as your intended return date from your planned paternity leave is within 56 days of the now planned date of the c. section there should not be any reason to change your dates.

    The issue for the company may be how you are going to cover the time you are off currently - sorry I cannot work out whether you are currently in a 2 week off period in which case no issue or a 2 week on period in which case that may be an issue of the company does not have a policy to cover such a situation.
    If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

    I do not provide advice by PM although I may on occasion ask you to send me documents this way but any related advice will be provided back on your thread.

    I do my best to provide good practical advice, however I do so without liability.
    If you have any doubts then do please seek professional legal advice.

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    • #3
      Re: Paternity leave question - can employer change leave date without notice?

      Hi Ula, thank you very much for the reply ��

      What you say is reassuring. The original dates are still within 56 days of the birth (about 11 hours ago!).
      If I were to take paternity leave today, then 11 of the 14 days paternity leave would fall in my regular off time (effectively meaning I would lose 11 days of paternity leave) cover was arranged pretty quickly for the time I've missed.

      IT didn't seem right they decided for me my paternity dates were changed (without asking me).

      Thanks again ��

      Comment

      • #4
        Re: Paternity leave question - can employer change leave date without notice?

        You became a daddy 11 hours ago?

        CONGRATULATIONS! Delighted for you!

        Please send my love to your wife, and accept MASSIVE hugs from me!

        <3

        Callie
        PLEASE NOTE: I work irregular hours including nights and sleep in shifts. If I have not responded in 48 hours, please ask an admin to Messenger me!

        "If you ever feel alone, remember, I am just the other side of the rainbow, or just south of the North Star. Whichever is closer." - A.J Murphy. 17/3/1974 - 16/03/1997 (RIP babe <3)

        Comment

        • #5
          Re: Paternity leave question - can employer change leave date without notice?

          Congratulations. Hope mother and baby are doing well.
          If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

          I do not provide advice by PM although I may on occasion ask you to send me documents this way but any related advice will be provided back on your thread.

          I do my best to provide good practical advice, however I do so without liability.
          If you have any doubts then do please seek professional legal advice.

          You can’t always stop the waves but you can learn to surf.

          You are braver than you believe, smarter than you think and stronger than you seem.


          If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

          Comment

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