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Hello I am Andy I have recently became a new father and I need some help to understand my paternity to ensure my employer doesn't take advantage of any information I may not be aware of, I am currently on Paternity as we speak it's 2 weeks but my question is thus;
Does my 2 weeks paternity include DAYS I'm am not CONTRACTED?? because a good friend of mine (a father too) told me that Paternity is strictly for days that you are only contracted to work and does not include days you are not contracted is this true?? the DAYS I am not contracted are as follows ; Sunday & Wednesday. My friend said that as such my paternity will not cover those days as I am not being paid paternity as I am not contracted to work those days again is this true??
Also I officially started my paternity on 2nd of November and using the above criteria Sun 4th and Wednesday 7th and sun 11th and wednesday 14th would not be included in my paternity and I would be owed an extra 4 days CONTRACTED as im not being paid paternity for SHIFTS not worked? so by those calculations the 15th, 16th and 17th would be PATERNITY BUT SUNDAY 18th wouldn't be (Not Contracted) and Monday 19th would be my last official DAY of Paternity pay?? meaning I return to work as normal on Tuesday 20th November??
I know this is all a minefield but I wan't to ensure I spend as much time as possible with my son before I return ahead of the busy christmas rush, I already spoke to my boss and feel they have tried to pull a sneaky one by saying I was scheduled to come back this Friday 16th but I already said that's not possible which Is why now I turn to your service for your help and or advice as I am in limbo with regards to this situation and how my paternity stands, to make you aware when we book HOLIDAY(s) we do not include days we are not contracted so surely Paternity acting as a Holiday should be the same criteria?
I look forward to your reply in haste and appreciate any comments, advice or opinions.
Kindest Regards
new daddy ANDY .
Hi Andy
This is not something I have any knowledge of - have you tried speaking to the Citizen's Advice Bureau as I think it needs someone who has knowledge of employment law. Alternatively, are you in a trade union or association of any kind as they would have knowledge of this.
Hi Andy,
My understanding is that paternity leave like annual leave is pro rata.
So you are entitled to 2 weeks of your normal working week.
So if your paternity leave started on the 2nd November, week 1 ends on the 8th November and week 2 on the 15th November, making your first day back at work the 16th.
You will then be paid for however many days / hours in each week that your basic week is, i.e. 40 hours, 30 hours, 3 days or whatever.
Im not sure this is the case I wrote a letter at the request of my employer as I had booked 2 weeks holiday and wanted to take my paternity on top everything was agreed before I left my workplace as was as thus:
2 weeks Holiday booked from 18th October to the 1st Novemeber then;
2 weeks Paternity starting 2nd November ending 16th November making it 2 weeks as I am entitled,
the above was agreed upon by my employer before I left to take my holiday etc and the above was agreed by all parties.
now my employer are claiming that I'm due back on Friday 16th but this would be incorrect as I booked my Paternity from Friday 2nd ending Friday 16th Novemeber meaning my first shift back is Saturday 17th November
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