paternity leave is it 26 weeks that you have to work for employer?

kazzys51

hi there, we are having trouble with husbys work they are saying that he has not worked for them long enough to claim paternity but to my understanding you have to be working for them 26 weeks he has been working for them 36!! is there any other excuse they can use for this husby works fukll time and has payed all taxes nat insurance etc (by the way we are 10 days into paternity baba is 2 weeks old nice one BOSS! just been told this info an hour ago!) any advice would be great just missed citizens advice bureau they close at 3.30 thanks for reading k

Robbie64

http://www.direct.gov.uk/en/parents/moneyandworkentitlements/parentalleaveandpay/dg_10029398

Statutory Paternity Leave entitlement

To qualify for Statutory Paternity Leave you must be an employee. You must be taking the time off to support the mother or carer for the baby and intend to be fully involved in their upbringing. Rights to Statutory Paternity Leave are extra to your normal holiday allowance.
To qualify for Statutory Paternity Leave, you must have been with your employer for at least 26 weeks by either:

• the end of the 15th week before the start of the week when the baby is due
• the end of the week you are notified you are matched with your child

You must also be either the:

• biological father of the child
• mother's husband or partner (including same-sex relationships)
• child's adopter
• husband or partner (including same-sex relationships) of the child's adopter

If you are a worker you will not qualify for Statutory Paternity Leave but may qualify for Statutory Paternity Pay.
If you are an agency worker, office holder or subcontractor, you will not normally have the right to Statutory Paternity Leave. However, you may be eligible for Statutory Paternity Pay.

kazzys51

hi robbie thank you for the reply how do you find out if we are entitled to spp? i did the link you sent and it has a tool for the spl any we have missed it by 2 weeks because you have to be working for the 26 weeks by the time i was 15 weeks before my due date but on the hmrc it seems to duplicate what it said for spp thanks very much k

Robbie64

SPP is paid under the same qualifying rules as SPL

http://www.direct.gov.uk/en/MoneyTaxAndBenefits/BenefitsTaxCreditsAndOtherSupport/Expectingorbringingupchildren/DG_10018750

Robbie64

kazzys51 wrote: »

hi robbie thank you for the reply how do you find out if we are entitled to spp? i did the link you sent and it has a tool for the spl any we have missed it by 2 weeks because you have to be working for the 26 weeks by the time i was 15 weeks before my due date but on the hmrc it seems to duplicate what it said for spp thanks very much k

Was your husband just two weeks off from qualifying for Statutory Paternity Leave? I posted that he may be 2 weeks out but deleted my post because I was struggling to work out the actual figure! It's one of those days where my brain just isn't working...