What happens where an employee has given notice to begin paternity leave on a particular date, but the baby has not been born by that date?
The Paternity and Adoption Leave Regulations 2002 (SI 2002/2788) provide that paternity leave cannot be taken any earlier than the date on which the child is born. Regulation 6(6) provides that, where the employee has chosen to begin his period of leave on a particular predetermined date, and the child is not born on or before that date, the employee must vary the choice of date. The employee can decide to start the leave: on the day the baby is born; a specific number of days after the birth; or on a new predetermined date. The employee must give the employer notice of the variation as soon as is reasonably practicable and the notice must be in writing if the employer requests this.