Can an employer request that an employee defer his or her paternity leave?
Paternity leave is a period of one or two weeks' leave taken by an eligible employee within eight weeks of the birth or adoption of a child. Provided that the employee has given the employer proper notice of the dates on which he or she wishes to take the leave, the employer may not postpone or defer the period of leave.
The employee must give notice of the dates on which he or she wishes to take paternity leave no later than the 15th week before the expected week of birth (or as soon as practicable thereafter). In an adoption situation, the employee must give notice no later than seven days after the adoption agency notifies the adopter of the match with the child (or as soon as practicable thereafter).
The employer has no say in the timing of the employee's paternity leave, other than being able to insist on the required notice.