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If an employee qualifies for ordinary statutory paternity pay will he be entitled to receive it if he is made redundant before he is able to take his ordinary paternity leave?
Does an employee due to take paid statutory ordinary paternity leave in an adoption situation still qualify for paternity pay if the employee leaves the employment before the leave is due to start?
Can an employer recover any ordinary statutory paternity pay that it pays out?
Does an employee have the right to return to the same job after ordinary paternity leave?
Which employees benefit from the new right to additional paternity leave?
Which employees qualify for additional paternity leave?
Is there a specific time period when additional paternity leave can be taken?
What information must an employee applying to take statutory additional paternity leave provide?
Must a mother’s employer obtain her consent before releasing information to her partner’s employer if her partner is applying for additional paternity leave?
Under reg.16(2)(c) of the Additional Paternity Leave Regulations 2010 (SI 2010/1055), the primary adopter of a child in relation to whom an employee is applying for additional paternity leave must provide his or her partner’s employer with a declaration containing certain specified information and must give his or her consent to the partner’s employer processing that information. (The requirement is the same under the Regulations relating to adoptions from overseas.)
The employee who is applying for additional paternity leave must provide the name and address of the primary adopter’s employer if the employee’s own employer requests this within 28 days of receiving the employee’s leave notice. The employee’s employer can use this information to contact the primary adopter’s employer, for example to confirm that he or she is entitled to adoption leave, or has notified it of the date on which he or she intends to return to work. However, the consent provided by the primary adopter under reg.16(2)(c) is limited to the processing of the information provided in his or her declaration. It would not cover his or her own employer providing additional information to his or her partner’s employer. The primary adopter’s employer should therefore obtain his or her consent before releasing information to the partner’s employer.
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