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Browse frequently asked questions and answers on key HR issues. Navigate by topic or key word search. View latest additions or suggest a question to the XpertHR editorial team.
Is it possible for a woman to take statutory paternity leave? Which employees are entitled to ordinary paternity leave? Is a child's father automatically entitled to statutory paternity leave? Where an employer suspects that an employee is not entitled to statutory paternity leave what can it do? What qualifying service is necessary for ordinary paternity leave? How much ordinary paternity leave can an employee take? Under the statutory provisions can an employee take less than a week's ordinary paternity leave? When can an employee choose to start ordinary paternity leave in respect of a new baby? Can an employee take ordinary paternity leave before the child is born or placed for adoption? What happens where an employee has given notice that he wants his ordinary paternity leave to begin on a particular predetermined date, but the baby has not been born by that date? What happens where an employee has given notice that he or she wants ordinary paternity leave to begin on a particular predetermined date, but the child has not been placed for adoption by that date? Can employees change their mind about when they want their ordinary paternity leave to start? Can an employer request that an employee defer his ordinary paternity leave?
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.
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