Paternity leave dispute
Discussion
My company who is American owned states on the company website that all fathers who work 30 hours or more are entitled to 8 weeks of paternity leave.
I've been told by HR that this doesn't apply because I'm in the UK is this legal? Do I have any rites or do I just have to suck it up and take my 2 weeks?
I've been told by HR that this doesn't apply because I'm in the UK is this legal? Do I have any rites or do I just have to suck it up and take my 2 weeks?
Assuming your contract states it is subject to English law, in the absence of any internal company policy that extends US perks to UK employees, it would appear as though you only have the statutory (minimum) amount and so would need to seek additional paternity leave separately.
As long as the law to which your contract is subject is not violated, they can implement what they like. E.g. a statutory right to a fortnight but the company saying you're only entitled to two days would not be allowed, but if they like they can give you 3 weeks.
I'd refer to and consider the wording of EU directive 2019/1158 on work-life balance as this is the law that actually gave fathers the right to paternity leave. It is distinct from parental leave, which applies to childcare up to a certain age.
Other than the above, is there a company handbook that specifies anything else, and was the US policy ever offered or agreed to?
As long as the law to which your contract is subject is not violated, they can implement what they like. E.g. a statutory right to a fortnight but the company saying you're only entitled to two days would not be allowed, but if they like they can give you 3 weeks.
I'd refer to and consider the wording of EU directive 2019/1158 on work-life balance as this is the law that actually gave fathers the right to paternity leave. It is distinct from parental leave, which applies to childcare up to a certain age.
Other than the above, is there a company handbook that specifies anything else, and was the US policy ever offered or agreed to?
captain.scarlet said:
Assuming your contract states it is subject to English law, in the absence of any internal company policy that extends US perks to UK employees, it would appear as though you only have the statutory (minimum) amount and so would need to seek additional paternity leave separately.
As long as the law to which your contract is subject is not violated, they can implement what they like. E.g. a statutory right to a fortnight but the company saying you're only entitled to two days would not be allowed, but if they like they can give you 3 weeks.
I'd refer to and consider the wording of EU directive 2019/1158 on work-life balance as this is the law that actually gave fathers the right to paternity leave. It is distinct from parental leave, which applies to childcare up to a certain age.
Other than the above, is there a company handbook that specifies anything else, and was the US policy ever offered or agreed to?
Apparently there is a company handbook which I've never seen. Probably means I'm screwed and left with the 2 weeks then. As long as the law to which your contract is subject is not violated, they can implement what they like. E.g. a statutory right to a fortnight but the company saying you're only entitled to two days would not be allowed, but if they like they can give you 3 weeks.
I'd refer to and consider the wording of EU directive 2019/1158 on work-life balance as this is the law that actually gave fathers the right to paternity leave. It is distinct from parental leave, which applies to childcare up to a certain age.
Other than the above, is there a company handbook that specifies anything else, and was the US policy ever offered or agreed to?
Shared Parental Leave should be an option for you: https://www.gov.uk/shared-parental-leave-and-pay
Out of interest, does it state if the 8 weeks leave in the US is paid, or unpaid? Given how notorious US companies can be with benefits, I'd be very impressed if it's full paid leave.
Out of interest, does it state if the 8 weeks leave in the US is paid, or unpaid? Given how notorious US companies can be with benefits, I'd be very impressed if it's full paid leave.
Edited by parabolica on Tuesday 30th August 11:54
parabolica said:
Shared Parental Leave should be an option for you: https://www.gov.uk/shared-parental-leave-and-pay
Out of interest, does it state if the 8 weeks leave in the US is paid, or unpaid? Given how notorious US companies can be with benefits, I'd be very impressed if it's full paid leave.
Yea full pay for the 8 weeks Out of interest, does it state if the 8 weeks leave in the US is paid, or unpaid? Given how notorious US companies can be with benefits, I'd be very impressed if it's full paid leave.
Edited by parabolica on Tuesday 30th August 11:54
Regy53 said:
Why you would want 8 weeks is beyond me I was going stir crazy after a few days ??
Because I want to spend as much time as possible with my newborn baby and support my wife. Why anyone wouldn't want as long as possible is beyond me! Why have kids if you don't want to be with them and bring them up? Stu-nph26 said:
Because I want to spend as much time as possible with my newborn baby and support my wife. Why anyone wouldn't want as long as possible is beyond me! Why have kids if you don't want to be with them and bring them up?
Some fathers may not want that at all actually, at least not ALL the time 
The other point is financial, if those 8 weeks or whatever are unpaid or reduced rate, many fathers may prefer to earn to support their family by working instead of spending time with a 0 year old with no pay coming in, especially if the mother is on maternity or doesn't work anyway.
Edited by MickC on Thursday 15th September 12:51
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