Can employees be required to be flexible about when they take their paternity leave, if several members of a department going on leave at the same time could cause problems for the business?
Employees may not be required to be flexible about when they take their ordinary paternity leave. Paternity leave is a statutory right. Provided that an employee meets the conditions for taking ordinary paternity leave and takes it within the 56-day period from the date when the child is born or placed for adoption it is for the employee to choose when to start paternity leave. The employee must give the notice required by the Paternity and Adoption Leave Regulations 2002 (SI 2002/2788). Flexibility as to the taking of paternity leave can be achieved only by voluntary agreement and can not be insisted on.