Does an employee made redundant while on additional paternity leave have any special rights?
If an employee who qualifies for additional paternity pay is dismissed as redundant should he be paid his full additional paternity pay entitlement?
Is the mother obliged to return to work before taking her full 52-week maternity leave entitlement for the father to be able to take additional paternity leave?
Is a primary adopter obliged to return to work before taking the full 52-week adoption leave entitlement for his or her partner to be able to take additional paternity leave?
Can a father take statutory additional paternity leave while his partner is on maternity leave?
Can an employee take statutory additional paternity leave while his or her partner is on adoption leave?
How much statutory additional paternity leave can an employee take?
How much statutory additional paternity leave can an employee take where the mother or primary adopter dies?
Can part weeks of statutory additional paternity leave be taken?
Does an employee’s additional paternity leave have to follow immediately after the mother’s maternity leave period?
In an adoption situation, does an employee’s additional paternity leave have to follow immediately after the primary adopter’s adoption leave period?
To how much additional paternity pay is an employee entitled if the mother returns to work with, for example, six weeks' statutory maternity pay remaining, but the employee does not begin additional paternity leave until two weeks later?
To how much additional paternity pay is an employee entitled if the primary adopter returns to work with, for example, six weeks' statutory adoption pay remaining, but the employee does not begin additional paternity leave until two weeks later?
For the purposes of entitlement to statutory additional paternity leave, in what circumstances is the mother treated as having returned to work?
Do employees on additional paternity leave continue to accrue annual leave during this period?
Where an employee is provided with a car allowance instead of a company car can this be withdrawn if the employee goes on additional paternity leave?
Can an employee take on paid work during additional paternity leave?
An employee can agree with the employer to take on paid work for up to 10 days during additional paternity leave without that work bringing the period of additional paternity leave to an end and without the loss of any additional statutory paternity pay. Any work carried out on any day constitutes a day's work for the purpose of the 10-day calculation (even if the employee works only for a few hours) and any work done does not have the effect of extending the total duration of the additional paternity leave period. “Work” may include training or any other activity undertaken to assist the employee in keeping in touch with the workplace, such as attending conferences, appraisals or team meetings.
Any work undertaken must be by agreement between the employer and the employee. There is no right for an employer to demand that an employee undertake such work, nor is there a right for the employee to do such work.
It is also a matter for agreement between the employer and the employee whether the days are worked as a single block or separately. The amount to be paid to an employee for working during additional paternity leave is also a matter for agreement between the parties and should reflect the nature of the work and the amount done. The employer will need to consider how any contractual payment for work done on a particular day will work alongside any additional statutory paternity pay due.
Once the 10 keeping-in-touch days have been exhausted, if the employee does any work for the employer, his or her entitlement to additional statutory paternity pay will come to an end.
If the employee works for another employer during the additional statutory paternity pay period, the employer will need to check whether or not the employee worked for the other employer during the 15th week before the baby was due (or the 15th week before the expected week of placement for adoption). If the employee did, additional statutory paternity pay should be paid as usual. If the employee did not, the employer must stop paying additional statutory paternity pay from the start of the week that the employee works for the other employer. It is up to the employee to inform the employer about working for someone else during the additional statutory paternity pay period.
XpertHR provides answers to more than 1,000 FAQs. But that's not all...
Request a demo today to find out how XpertHR can benefit your organisation
How many keeping-in-touch days can an employee work while on additional paternity leave?
Are the 10 keeping-in-touch days during maternity, adoption and additional paternity leave pro-rated for part-time employees?
Can an employee work from home on his or her keeping-in-touch days?