Paternity Leave for Agency workers

Arnieboy

Please could somebody help me to understand this.
My husband has been working for an agency for 30 weeks and next week is the 15th week before my expected birth, so we thought we would get the ball moving and inform the agancy of his wish to take Paternity Leave and Pay.

I am correct in finding out that as an Agency worker he is not entitled to Paternity Leave?

From what I can make out, he is entitled to Paternity Pay, but not the leave - how does this work when he can only be paid paternity pay for a week he hasn't worked. If he takes holiday, it would be better to take holiday pay as this is more (or would we get both?)

I'm confused!! Please help x

[Deleted User]

I THINK he should be entitled to the 2 weeks Paternity Pay. The bit he is not entiled to as an agency worker is the additional pay and leave which is the new ruling where a Mother can transfer part of her leave and SMP to their partner. But it's a long time since I worked in Agency and I havent had anybody ask me yet about the transferring of leave, so I havent really brushed up on it much.
That is how I interpet the direct gov link http://www.direct.gov.uk/en/Employment/Understandingyourworkstatus/Agencyworkersandemploymentagencies/DG_173252

Maybe someone with better knowledge will be along shortly.

Arnieboy

Thanks for your reply. What confuses me the most is how can he get the paternity pay when he is not enitled to the leave? Surely he has to be on leave to be paid?????? We only want the 2 weeks ordinary Paternity Leave, as I'm booked in for a c-section, and i'm going to need some help!!!

You help is really appreciated!

[Deleted User]

No I think he should get the 2 weeks paid leave, it's the 26 weeks he wouldn't be able to get. I think maybe the agency have misinterpreted things or are just trying to get out of paying it (Believe me, Agencies hates paying SMP, SSP ETC ETC)

I am unfamiliar now with the new Agency regs as I have been out of recruitment for 8 Years now. I shall do some more research.

Murgatroyd21

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