Been on paternity leave, now they wont pay it!

golddustmedia

I'm in a bit of a dilemma...

On 1st April I became a Dad for the first time and duly took 10 days paternity leave as I had agreed with my employer during Feb/March. The baby was due 26th March but was actually 5 days late, not that it really matters.

Anyway, the problem is this. Having taken my 10 days paternity leave I've just been told by employer that I'm not eligable for it! It seems that I haven't worked for the company for long enough...

My partner & I moved to this area (Devon) last July and I began working for my employer on 1st August 2005 (at time didn't know we were expecting). So although I'd worked for employer for exactly 8 months on day of birth I've been told I would have had to work for them for 6 months plus 15 weeks?

Now this is rather gutting since I wouldn't have taken 10 days off if I hadn't been assured I was on paternity pay. Now it looks like my salary this month will be half a normal amount!

Since my other halfs employer has also refused her maternity pay and managed to bodge up her claiming Statutory maternity benefit she's got no income while that is resolved so this is not good news from my employer!

Although at £108 per week it's not a life changing amount, but when you're living on the overdraft it all counts.

My questions are:

If my employer isn't going to pay paternity pay am I entitled to a statutory paternity benefit in the same way the mother is?

Since my employer agreed it with me (in writing) am I able to stand firm and say, "well tough you agreed to pay it"? (although I don't want to naff them off and risk my job).

hjb123

Hi,

According to the direct.gov website if you have been working for the same employer for 26 weeks before the 15th week before the baby is due then you should be entitled to paternity pay! However this appears not to be your case am afraid!

The link to this site is:
http://www.direct.gov.uk/Parents/Employment/EmploymentArticles/fs/en?CONTENT_ID=10029398&chk=ZEDmfY

CIS

The only money currently payable is paternity pay through paternity leave, alsthough it does mean your annual income will have dropped, so when you finalise your tax credits, there may be a back payment owed to you.
Also, if your getting HB/CTB, they may pay slightly more for those week sdue to the income drop - worth as asking them.


the rules re paternity leave can be found here
http://www.dti.gov.uk/er/individual/paternity-pl514.htm

You may not get anywhere by fighting it unless you have a wriiten contract/letter stating their agreement.

golddustmedia

Cheers guys.

As I said the real dissappointment is that I would have only taken 1 week off if I thought I wasn't being paid, so feeling a little mislead by employer. Only hope they don't ask me to take it as holiday... (for info, my partner was in labour/heavy contractions for near 4 days. I went home to be there for birth and take care of her as were expecting birth "anytime now" with all those contractions and they say that's holiday since I wasn't actually a parent at that point!!! 5 hours sleep in 4 days was not a bloody holiday!)

ronaldmacdonald

golddustmedia wrote:

Cheers guys.

As I said the real dissappointment is that I would have only taken 1 week off if I thought I wasn't being paid, so feeling a little mislead by employer. Only hope they don't ask me to take it as holiday... (for info, my partner was in labour/heavy contractions for near 4 days. I went home to be there for birth and take care of her as were expecting birth "anytime now" with all those contractions and they say that's holiday since I wasn't actually a parent at that point!!! 5 hours sleep in 4 days was not a bloody holiday!)

hmm arent you supposed to take "dependents leave" during labour? I think this may be unpaid though but it may save you holiday when you get REALLY tired :eek:

nej

Can you ask to take it as holiday instead? I took 2 weeks holiday when my son was born instead, no point in paternity leave as it doesn't pay enough.

golddustmedia

nej wrote:

Can you ask to take it as holiday instead? I took 2 weeks holiday when my son was born instead, no point in paternity leave as it doesn't pay enough.

I could, but as I only get 20 days holiday per year and have to keep days aside for the Christmas period if I took 10 days holiday for paternity period I would have no holiday left until next year.

starlite_2

http://www.jobcentreplus.gov.uk/JCP/Partners/Allowancesandbenefits/Dev_010080.xml.html

according to this you may be entitled to income support.
not sure if they would backdate it for you though.

golddustmedia

Top banana! Thanks starlite, I had assumed something similar.

Having followed up, it seems I need to answer lots of questions then provide original documentation of savings, debts, identity and full income/job details for current job and previous one. Also, this has to be provided for both me and partner... have that done in a jiffy then....

I am grateful, though just occurred to me; you hear about people committing benefit fraud and to be honest I'm not sure it's worth it. To get money out of the government is probably harder than just earning it! tee hee.