Paternity leave

Q. Some time ago, a member advised the employer that his partner was pregnant. Now that she’s given birth, he has asked to take two weeks’ paternity leave. Unfortunately the employer is being difficult. The employer says that as it is a busy time, he can either take one week on full pay or two weeks’ unpaid. This doesn’t seem right.

A. Under the statutory scheme, a father can take one week or two consecutive weeks’ paternity leave. The minimum rate of pay is currently £123.06 a week, but this rises to £124.88 from 10 April. If the employer wishes to pay more it is free to do so — but they cannot pay less.

Here your member is being denied the right to take both weeks at the minimum guaranteed level of pay. If the matter cannot be resolved informally, he should raise a grievance. If he takes the two weeks and receives no pay, he can lodge an unlawful deduction from wages claim in the tribunal. He is protected from suffering a detriment, not least under section 28 of the Paternity and Adoption Leave Regulations 2002.

It is one year away, but from 3 April 2011 mothers will be able to transfer all or part of their additional maternity leave (the second six-month period) to fathers or partners.