Paternity Leave Question

Hi All

Been looking thru the site for an answer but couldnt find one so I thought Id create my first post!

My misses is due near Xmas and im looking to take time off work around that date to help out etc etc. Ive saved a few holidays because Im led to believe that my work do not pay out when I want time off for peternity leave, they only pay the statutory £117/week.
I spoke to a friend over the weekend who says that the law has now changed and I am now entitled to take a 2 week slot when the baby is born, and my employer is legally tied to pay 1 weeks salary at 100% and the 2nd week at £117.

Is this true?

I cant afford to take time off and only be paid £117 so im looking to use holidays instead... unless my friend is speaking the truth.

Can anyone clarify this??

Thanks

Andy

Comments

  • shellsuit
    shellsuit Posts: 24,749 Forumite
    Part of the Furniture 10,000 Posts Photogenic Combo Breaker
    I know you can take upto 2 weeks off, but I've just looked at the HMRC site and it says 2 weeks @ the weekly rate of SPP current at the time of paternity leave, or 90% of your average weekly wages, whichever is less.

    http://www.hmrc.gov.uk/forms/sc3.pdf

    I've not heard of an employer having to pay 1 week @ normal weekly salary, but I will keep my eye on this thread as I will be interested for my OH when I have our baby next year :)
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  • Hi Shellsuit

    Yea ive seen that document. It looks as tho my mate has his wires crossed. We are entitled to ask for 2 weeks off but the employer does not have any obligation (by the sounds of it) to pay anymore that what we are entitled to thru paternity leave.

    Looks like I wont be taking any leave between now and xmas then!! Im gonna have to save my 7 days for the birth etc etc.
  • shellsuit
    shellsuit Posts: 24,749 Forumite
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    Prestonian wrote: »
    Hi Shellsuit

    Yea ive seen that document. It looks as tho my mate has his wires crossed. We are entitled to ask for 2 weeks off but the employer does not have any obligation (by the sounds of it) to pay anymore that what we are entitled to thru paternity leave.

    Looks like I wont be taking any leave between now and xmas then!! Im gonna have to save my 7 days for the birth etc etc.

    It's a toughie isn't it :rolleyes:

    I think (not 100%!) that you have to give notice of paternity leave, so can you just imagine if you give notice, have your week off and the baby is overdue, which would be a week wasted.

    I'm going to have to look into it for my OH, but it looks like he will have to save holidays like you to take time off, because there's no way we will manage on £117 for a week, especially as I won't be earning then either.

    It's OK people saying save up to compensate, but it's expensive enough having to pay out for things the baby needs, never mind rent/mortgage and the bills ~ and you have Christmas near the birth too, eeek!

    Hope you work something out anyway ~ and congratulations! :D
    Tank fly boss walk jam nitty gritty...
  • Jo_R_2
    Jo_R_2 Posts: 2,660 Forumite
    It might also be useful to know that when you formally apply for paternity leave, you can actually request for it to start when baby is born, rather than asking for it to start on the due date, or just before, or whatever. Saves wasting days if baby is late!

    Couldn't believe this was true but was well chuffed - DD2 was three weeks late so by that reckoning, had ex-OH requested paternity leave from the due date, he'd have been back at work a week before DD2 arrived lol! :rotfl:

    http://www.direct.gov.uk/en/Parents/Moneyandworkentitlements/Parentalleaveandpay/DG_10029398 If you go to this link and scroll down to "How much paternity leave can you take?", it explains it there.

    Dealing with my debts!
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  • Jo_R wrote: »
    It might also be useful to know that when you formally apply for paternity leave, you can actually request for it to start when baby is born, rather than asking for it to start on the due date, or just before, or whatever. Saves wasting days if baby is late!

    You cannot start Paternity Leave until the baby is born anyway - it would be illegal for your employer or your OH to do that, to protect against late babies! Conversley, if your baby is early, you can start your Paternity Leave early as well. Some companies will pay a higher rate than the SPP, but not all. A lot of companies pay women for longer than the SMP period at a higher rate, but do not provide an equivalent company benefit for men - this could be illegal under the Equal Pay Act, but this issue is yet to go before an Employment Tribunal.
    I consider myself to be a male feminist. Is that allowed?
  • pukkamum
    pukkamum Posts: 3,942 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    my dh and i were prepared for him only getting getting the £117 a week so in the months leading up to the birth we put as much as possible aside to make up for the shortfall.
    We also made sure we had food in the freezer so we didn't have to buy (or cook) all this helped.
    I don't get nearly enough credit for not being a violent psychopath.
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