Paternity rights

kafino

Hey

Ive read that you are only entitled to paternity leave if you have worked for the same company for 26 weeks or more. My question i what are the rights for someone who has worked for a company less than 26 weeks, but has worked previously somewhere else continuiously. Anybody have any ideas if there is any eligiblity for anything at all and the process involved?

Thanks

bspm

kafino wrote: »

Hey

Ive read that you are only entitled to paternity leave if you have worked for the same company for 26 weeks or more. My question i what are the rights for someone who has worked for a company less than 26 weeks, but has worked previously somewhere else continuiously. Anybody have any ideas if there is any eligiblity for anything at all and the process involved?

Thanks

I think the law states you have to be paid continuously for 26 weeks to qualify for paternity leave/pay for the company you work for. I am assuming that if you start an employment and either want maternity pay or paternity pay you have to have completed 26 weeks work to get these. It is paid through your employer not the previous employer who you may or may not have worked for a considerable time longer than the required 26 weeks.

Can you not take holiday leave? have you built up holiday entitlement?

Gigglepig

Unfortunately in the UK maternity and paternity pay is linked to having worked for the specific employer, rather than having worked. So if you change jobs at the wrong time you miss out, even if you have been working and paying taxes continuously. Personally I think this should be changed.

you must have worked for your employer continuously for at least 26 weeks by the end of the 15th week before the expected week of childbirth (known as the ‘qualifying week’)

https://www.gov.uk/paternity-pay-leave/eligibility

ETA - you may be able to take unpaid parental leave even if you do not have enough holiday saved up. https://www.gov.uk/parental-leave

bspm

To qualify for parental leave you have to have been employed by the company for one year. If he had been employed for a year he would be entitled to paternity pay.

kafino

Thanks for responses. Yes, im aware im only entitled to paternity pay if having been with the same company for 26 weeks or more. I personally think it's unfair for those who are continuously in work, especially having worked for my previous employer for 8 years. I guesss its wrong timing as some of you have said but i agree that it should be changed. I do have some holiday built up but was seeing if there are any other options first. I guess not

giddypenguin

It may be worth having a chat with your employer and seeing if they can help you out with some leave - explaining the circumstances? It may be that they offer you unpaid leave - but you could take the first week off as holiday, and the second unpaid, you're only missing out on £135(ish, I forget the correct amount) in paternity pay... Could it be an option.

Totally agree it's wrong though - continuous employment should be the qualifier, not specific employer (I was offered a better job while pregnant but couldn't take it for fear of losing SMP entitlement, ridiculous)