paternity leave

we are trying for another baby and i onlt work weekends so was going to go back to work after a few weeks, and my partner was going to take 3 months off as its full pay, but his bosses turned round to him other day and said ' good look having a job when you get back'. are they legally allowed to say this?


  • Marbs11Marbs11 Posts: 392
    I'd be very surprised if they are allowed to say that to him, that's terrible. I dont know a lot about paternity leave but in the first 12 months I think of a baby being born both the mum and dad are entitled to a certain amount of paid leave but I think its only1 not both if its more than the usual 2 weeks paternity leave.
  • yeh thats right, i wouldnt get hardly any money as dont pay national insurance coz only do 14 hours a week. I was so annoyed when he told me, its very unprofessional where he works.

  • MrsTwizbeMrsTwizbe Posts: 3,352 New bride

    Oh I feel an ET1 coming to his employers. Just as with Maternity leave they have to have to keep his job open for him for the 2 weeks of ordinary paternity leave. It is possible now for parents to swap the addional maternity leave to their partner - which is what I assume you will do here. Again as with Mat leave, your husbands employers have to give him the option to return to the same or similar role after the additional pat/mat leave.

    If they do not or make things hard for him, he can claim sex discrimination as I doubt they would do the same to a woman returning from maternity leave (sure they are clued up enough to know that is illegal, but perhaps not clued up enough to know it also applies to men)

    Sounds like he works a bit of a backwards place.

  • cebpickle1cebpickle1 Posts: 6,786
    I don't think he is entitled to 3 months full pay. If he takes the parternity leave it is the same amount of money as statutory maternity pay. What would you be entitled to?
  • cebpickle1cebpickle1 Posts: 6,786
    Oh and they shouldnt say it

    my husband is self employed so we didnt even get 2 weeks statutory paternity pay
  • Hello,

    Try looking on the government website -

    It details the terms that he can take paternity leave (basically, he is allowed paternity leave up to 28 weeks, as long as you (the mother) has returned to work and entitled to maternity leave. It's got to start within 56 days of your baby being born).

    Anyway, in answer to your actual question, he has the right to return to his job on the same terms and conditions he was on before taking Additional Paternity Leave.

    If he can't return to his original job, ie his job no longer exists, his employer must offer him other suitable work.

    Maybe he should point them in the direction of the government website.

    Good luck to your husband x
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