Paternity leave question....

jeannieblue

Colleague is due any minute to take paternity leave of two weeks. It will fall over Easter - does that mean he gets two extra days - re Good Friday and Easter Monday - or does he forfeit them?

Thanks for the help.

lesley1960

I would count paternity leave as 10 working days . so he would in effect have two days longer then 2 weeks off

jeannieblue

lesley1960 wrote: »

I would count paternity leave as 10 working days . so he would in effect have two days longer then 2 weeks off

Thanks, I thought it should be - do you have any idea where he can get that in writing? Just in case he needs to back that up with employers!

chrisbur

jeannieblue wrote: »

Colleague is due any minute to take paternity leave of two weeks. It will fall over Easter - does that mean he gets two extra days - re Good Friday and Easter Monday - or does he forfeit them?

Thanks for the help.

It is my understanding that statutory paternity leave is for either one or two weeks, and that each week is seven days. So if two weeks were being taken and the last day at work was on a Wednesday 12/3 then the first week would last from Thursday 13/3 untill Wednesday 19/3 and the second week from Thursday 20/3 to Wednesday 26/3. I believe that any payments made during these weeks can be counted towards the paternity pay. It would be best to check with the pay office as many employers offer better conditions.

jeannieblue

chrisbur wrote: »

It is my understanding that statutory paternity leave is for either one or two weeks, and that each week is seven days. So if two weeks were being taken and the last day at work was on a Wednesday 12/3 then the first week would last from Thursday 13/3 untill Wednesday 19/3 and the second week from Thursday 20/3 to Wednesday 26/3. I believe that any payments made during these weeks can be counted towards the paternity pay. It would be best to check with the pay office as many employers offer better conditions.

Appreciate that, but it doesn't answer whether the bank holidays will be included. The company pay the minimum, so if it is ie 10 days, that is what he will get, but will that include the bank holidays?

We get minimum hols etc, no sick pay, he was going to ask the bosses if it included the 2 bank holidays, and I asked him to hold back til we found out what the legal requirement is..... I've done some searches, but not really come up with much and don't have alot of time to be honest.

CarolynH

Sorry to be the bearer of bad news ......

But the rules for SPP are that is has to be taken in one single 'chunk' (ie the new father can have one or two full weeks off, but couldn't have 10 days of here and there). So bank hols, unfortunatly shouldn't be paid at full rate as this would be a 'break' in the SPP Period. (as SPP is a payment in LIEU of salary to enable the chap to take the time off.

Please don't hate me now?

jeannieblue

CarolynH wrote: »

Sorry to be the bearer of bad news ......

But the rules for SPP are that is has to be taken in one single 'chunk' (ie the new father can have one or two full weeks off, but couldn't have 10 days of here and there). So bank hols, unfortunatly shouldn't be paid at full rate as this would be a 'break' in the SPP Period. (as SPP is a payment in LIEU of salary to enable the chap to take the time off.

Please don't hate me now?

Don't hate you! Honest!

His wife is due any moment and obviously his paternity leave of '2 weeks' will be over the Easter hols and he wondered if he would get an extra 2 days or not due to the bank holidays.

It looks then, like he will lose those two days.:( He's a nice guy trying to do the right thing by his wife!

CarolynH

It might be worth not mentioning this to payroll - see what they come up with? It's not his fault if they think he should have the extra 2 days!

If they do tell him that it will encompass the bank holiday days, could he negotiate with them that he has an extra 2 days paid leave in lieu of the untaken bank holidays? He could then take the 2 days paid leave at the end of his 10 days holiday - that way the paperwork is correct but he still has the same number of days off?

jeannieblue

Small company Carolyn - payroll doesn't come into - which is why I'm trying to find out the legal stand for him. Can't find it anywhere..........

If he asks the bosses, they will say no, he's not entitled to the two days, even if he is. Well that's his feeling. He's been there a long time.

He works his socks off for his family, he his not trying to 'do' anyone - if you know what I mean, he just needs to know what he is entitled to, and give his support to his wife and children over this period. He never ever takes time off from work.

Teacher2301

I thought it's down to the employer and employee to decide which days are elected as paternity leave. Your colleague should speak to his manager and explain the situation and not elect to take these days (which they shouldn't count as they are public holidays anyway) - Some employers only pay for first week and not for the second, others are more generous. However, if you work in a big compnay, they should honour full pay shouldn't they?

Teacher2301

http://tiger.direct.gov.uk/cgi-bin/paternity.cgi

Just found this - might be worth looking at...some excerps (spelling )

Your entitlement to Statutory Paternity Leave and Pay depends on how long you've been employed and how much you earn. If the employment details you give here change before the baby is born you may want to come back and check how this will affect your entitlement to pay and leave.

Paternity leave and pay

You have the right not to suffer unfair treatment (detriment) and not to be dismissed or selected for redundancy on grounds related to your paternity leave.
During your paternity leave you are probably entitled to be paid Statutory Paternity Pay, paid at a rate of £112.75 a week, or 90 per cent of your average weekly earnings (whichever is lower).

However, this may be a bug bear!

How to tell your employer you want to take paternity leave

To qualify for leave, you must tell your employer in writing at least 15 weeks before the beginning of the week when the baby's due:

• when the baby is due
• whether you want one or two weeks' leave
• when you want the leave to start

A simple way to give notice is to fill in a 'self-certificate'. You can download Form SC3 'Becoming a parent', which works as a self-certificate.
You can change the date that the leave starts, as long as you give 28 days' notice.