Underdog

hawk30

ILW wrote: »

You should be out there furthering your career so you can give your daughter a decent start in life. She will thank you more for paying for a decent education than you taking months off work to "bond" with her.

Grow some.

And why can't the mother do this? Is this forum inhabited by signficant numbers of misogynists or just trolls?

hawk30

ktothema wrote: »

Sorry - posted before you edited. And I also forgot to mention that I get understand where youre getting at there.

No worries.

lazer

lazer wrote: »

The mother is back at work - so the father is the primary care giver.

As i understand - your wife took 20 weeks maternity (SMP) and now you are taking paternity leave for the next 26 weeks?

Your company pays full pay for the first 26 weeks of Maternity/Paternity leave, but because the paternity leave can only start from week 20, therefore the maximum full pay available for paternity leave is 6 weeks according to the company rules.

I am not sure if you have a case here or not because the company is a way treating people equally, in that its the first 26 weeks maternity/paternity that are full pay, however government legislation prevents patarnity leave from starting until week 20.

On the other hand, becasue of the company policy mothers can get 26 weeks full pay and fathers can only get 6, therefore this policy could be seen as discrimatory towards fathers?

Let me know how you get on, i'm genuinely interested in how this works out

I've just goodled it and it seems as if they is no legal requirement for the enchanced paternity to match enhanced maternity, but the European court may rule differently

http://www.xperthr.co.uk/faqs/topics/3,101/paternity-and-adoption-pay.aspx?articleid=103239

ktothema

lazer wrote: »

I've just goodled it and it seems as if they is no legal requirement for the enchanced paternity to match enhanced maternity, but the European court may rule differently

http://www.xperthr.co.uk/faqs/topics/3,101/paternity-and-adoption-pay.aspx?articleid=103239

The End of that paragraph is:
However, a preliminary ruling in a 2010 European Court of Justice case relating to a Spanish provision allowing women to work shorter hours for the first nine months of a child’s life suggests that it may be discriminatory for an employer not to offer the same terms to a man on additional paternity leave as it does to a woman on additional maternity leave (ie the latter six months of her leave).

The enhanced pay at OPs company is offered during ordinary maternity, not additional maternity. If the European Courts rule that it has to be the same, the OP will be no better off than what their company are already offering now.

Miabsdad

lazer wrote: »

The mother is back at work - so the father is the primary care giver.

As i understand - your wife took 20 weeks maternity (SMP) and now you are taking paternity leave for the next 26 weeks?

Your company pays full pay for the first 26 weeks of Maternity/Paternity leave, but because the paternity leave can only start from week 20, therefore the maximum full pay available for paternity leave is 6 weeks according to the company rules.

I am not sure if you have a case here or not because the company is a way treating people equally, in that its the first 26 weeks maternity/paternity that are full pay, however government legislation prevents patarnity leave from starting until week 20.

On the other hand, becasue of the company policy mothers can get 26 weeks full pay and fathers can only get 6, therefore this policy could be seen as discrimatory towards fathers?

Let me know how you get on, i'm genuinely interested in how this works out

You have got it, they are doing what the government is setting out for them to do, however it is the company's choice to enhance the pay and because of the equality act this should be equal across the board.

haras_nosirrah

I can see this from the companies point of view (and I am a pregnant woman)

If your wife has 20 weeks full pay and then you have 26 weeks full pay it would be the equivalent of 46 weeks full pay between you.

My understanding is that the man took over the leave from the woman i.e. if mum has 26 weeks full pay and takes 20 of these then dad gets the other 6 and goes onto statutory after that - we researched this for myself and my husband.

Otherwise everyone would do it

ktothema

Miabsdad wrote: »

You have got it, they are doing what the government is setting out for them to do, however it is the company's choice to enhance the pay and because of the equality act this should be equal across the board.

Which would be a decent argument if you weren't taking swapping Additional maternity for additional paternity pay. You are not swapping out any ordinary maternity leave. As you are taking up your OHs additional maternity leave entitlement at 20 weeks, it's seen that your OH has willingly given up 6 of her ordinary maternity leave weeks, which is within her rights.

Currently you are comparing apples and oranges.

Miabsdad

ktothema wrote: »

Which would be a decent argument if you weren't taking swapping Additional maternity for additional paternity pay. You are not swapping out any ordinary maternity leave. As you are taking up your OHs additional maternity leave entitlement at 20 weeks, it's seen that your OH has willingly given up 6 of her ordinary maternity leave weeks, which is within her rights.

Currently you are comparing apples and oranges.

I am entitled to a fresh 26 weeks by law, i am not taking her leave the only stipulation by government is that in order for me to start she has to be back at work. Its not swapping it over and i am not taking her leave it is a separate entitlement.

Miabsdad

haras_nosirrah wrote: »

I can see this from the companies point of view (and I am a pregnant woman)

If your wife has 20 weeks full pay and then you have 26 weeks full pay it would be the equivalent of 46 weeks full pay between you.

My understanding is that the man took over the leave from the woman i.e. if mum has 26 weeks full pay and takes 20 of these then dad gets the other 6 and goes onto statutory after that - we researched this for myself and my husband.

Otherwise everyone would do it

I understand that too, and the whole paying out twice thing and could understand that, the work policy has been written based on that, that is the problem. My wife doesn't work for the company, she never got any enhanced pay from her company just the 6 weeks at full pay then the rest stat.

ktothema

Miabsdad wrote: »

I am entitled to a fresh 26 weeks by law, i am not taking her leave the only stipulation by government is that in order for me to start she has to be back at work. Its not swapping it over and i am not taking her leave it is a separate entitlement.

You aren't entitled to it if the mother has taken it though, and that's where the swap comes in. Mum is entitled, by law, to a six month period known as ordinary maternity leave and a six month period of additional maternity leave. She doesn't have to take all of this, though there are some rules as to how quick mum can return. During ordinary maternity leave mum has extra legal rights, such as the right to return to her role.

Dad is not entitled to ordinary maternity leave rights, even if mum returns to work before the 26 weeks are up. Dad is only entitled to additional paternity leave if and only if mum has returned to work, so the same terms as the second six months. Your company would only pay mum for her ordinary maternity leave period, therefore you cant claim discrimination as they are offering you the same as they would any mum in their additional maternity leave period.

Also, additional paternity leave isn't a fresh 26 week period. Is up to 26 weeks, which must be taken between the child being 20weeks and 1 yr old if it is taken. If your OH goes back to work when your child is 9 month old for instance, you are only entitled to take up to three months off.