no paternity leave

[trouble]

Hello a fellow worker who had been of work due to an accident while doing the manager a favour, has just returned a couple of weeks ago on light duties, a couple of hours a week.
His partner has just given birth 8 weeks premature and because he had not mentioned previously to the manager, the manager is telling him that he is not entittled to any paternity leave.(is this not illegal)
Maybe due to his rehabilation and his lack of knowledge of Royal Mails procedures, mentioning it to the manager was over looked.
What can he do if anything?

I know he has been phoned and told to return to work that he is not entitled to paternity leave or special leave.

[steven100]

I'm no lawyer but he's entited to paternity leave. I think its law.

I've taken this quote from my law book, last year i studied a bit of law in uni.

He's has right of up to two weeks paternity leave and pay. This is under Maternity and family-friendly rights.


Make sure he takes action against the manager too.

[TrueBlueTerrier]

http://www.royalmailchat.co.uk/communit ... ty#p145220" onclick="window.open(this.href);return false; for a fact sheet on paternity rights.

[IcanthelpthewayIam]

From the Direct Gov web site

http://www.direct.gov.uk/en/Parents/Mon ... G_10029398" onclick="window.open(this.href);return false;

Are you entitled to paid statutory paternity leave?
To qualify for paternity pay and leave you must be an ‘employee’. If you are a ‘worker’ you will not qualify for leave but may qualify for paternity pay.

Are you a 'worker', 'employee' or 'self-employed'? (employment section) You can take statutory paternity leave if you:

are an employee, with a contract of employment
have been with your employer for at least 26 weeks by the end of the 15th week before the start of the week when the baby's due; or by the end of the week in which you are notified of being matched with your child
will be fully involved in the child's upbringing and are taking the time off to support the mother or care for the baby
You must also be either the:

biological father of the child
mother's husband or partner (including same-sex relationships)
child's adopter or the partner of the adopter
To qualify for pay you must also earn at least the lower earnings limit (LEL) for National Insurance contributions.


If you earn less than the LEL, (currently £95 a week), you have the right to unpaid paternity leave if you meet the other conditions, and could get Income Support while on paternity leave.

If you are not an employee, but are an agency worker, office holder or subcontractor, you will not normally have the right to paternity leave, but may be eligible for pay if you meet the other qualifying criteria.
What if you don't qualify?
If you don't qualify for paternity leave, your employer may be prepared to give you some time off, or you could take paid holiday.

Holiday entitlements: the basics (employment section) Income Support (money, tax and benefits section) Expecting or bringing up children How much paternity leave can you take?
As long as you meet certain conditions you can take either one or two weeks' paternity leave. You can't take odd days off and if you take two weeks they must be taken together.

You can choose to start the leave:

on the day the baby is born
a number of days or weeks after the baby is born
from a specific date after the first day of the week in which the baby is expected to be born
Your leave can start on any day of the week (but not before the baby is born), but has to finish within 56 days of the baby being born or, if the baby is born before the week it was due, within 56 days of the first day of that week. You can start paternity leave after a period of parental leave has ended.

If your partner has a multiple birth, you are only allowed one period of paternity leave.

[Big Daz]

Get him to contact his branch legal and medical officer or a solicitor

[mailsort6]

Hello a fellow worker who had been of work due to an accident while doing the manager a favour, has just returned a couple of weeks ago on light duties, a couple of hours a week.
His partner has just given birth 8 weeks premature and because he had not mentioned previously to the manager, the manager is telling him that he is not entittled to any paternity leave.(is this not illegal)
Maybe due to his rehabilation and his lack of knowledge of Royal Mails procedures, mentioning it to the manager was over looked.
What can he do if anything?

I know he has been phoned and told to return to work that he is not entitled to paternity leave or special leave.

You should have given your employer 15 weeks notice before the birth of the child, this is the reason your manager is probably stating that you are not entitled to paternity leave. This might be helpful look under paternity leave:

http://www.cwu.org/30550/equal-opportunities.html" onclick="window.open(this.href);return false;