Paternity Leave

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JK76
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Joined: 04 Jan 2011
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Posted: Tue Jan 04, 2011 5:23 am 
Post subject: Paternity Leave
Hi everyone,

I'm the proud daddy of a 4 week old baby boy who has enriched my life and given me joy, reason and purpose beyond my wildest expectations.

I've got a difficult situation with my employers over paternity pay, and wonder if anyone can help as far as rights are concerned?

I've been in the employ of the company for around 18 months, but my contract is slightly unusual - I'm not part-time, I'm not full time as such either. I work as many or as few hours as I like (usually a minimum of 33 per week) - I'm on what they call a 'bank' contract and as such, if shifts need covered, ands I want them, I can have them.

Anyway, around June or July of 2010 I was informed by my line manager that due to the nature of my contract, I could take paternity leave but was not entitled to pay. Disappointed, I soldiered on and took every shift I could get my hands on in an attempt to statsh money away as I wouldn't earn for the two weeks of my paternity leave. Three weeks before my partner was due to give birth, a conversation with a senior member of staff revealed that I had either been intentionally misled or accidentally misinformed by my line manager, and that I was indeed entitled to paternity pay. I made a dash to admin and explained the situation to them. They gave me an application form but told me it was at the discretion of head office whether they would honour it or not because I hadn't applied by the 15th week before the birth of the child.

I pleaded that I had been misinformed by my line manager, but they said it probably wouldn't make a difference as the rule was in place and had not been followed!

Anyway, that was in November, my son was born in December and I have been told that my application for SPP has been declined by head office. What I want to know is, can my employer legally do that, and do I have any rights here?

Thanks in advance,

JK
xxKatxx
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Joined: 21 Mar 2008
Posts: 6670
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Posted: Tue Jan 04, 2011 10:53 am 
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your manager more than likely didn't know what the deal was with paternity leave / pay - many don't bother to learn tbh.
If you're not entitled to it from your employer then you need to get in touch with the jobcentre and claim statutory paternity pay from them.
hope tht helps xx
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