How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask UKSolicitorJA Your Own Question

UKSolicitorJA, Solicitor
Category: UK Employment Law
Satisfied Customers: 4303
Experience:  solicitor
Type Your UK Employment Law Question Here...
UKSolicitorJA is online now
A new question is answered every 9 seconds

My partner is expecting our baby in january 2013 abroad. I

Customer Question

My partner is expecting our baby in january 2013 abroad. I work for a local authority here in london for over 12 years, I have allready booked annual leave in april this year for the period off 27th dec -17 Jan which was approved by my employer. a few weeks after my partner discovered shes pregnant, and expects the baby around the 7 jan 2013, I asked my employer if i could take Paternity leave,from the 17th jan 2013 they are saying i am not entitled to it, as i wont be looking after the baby, i want to know if i am entitled to paternity leave if baby born outside EEC,also I have 9 days annual leave yet also to take, and my employer refusedthis too, instead off paternity leave ,even though there are no other persons on leave in my section. Can you help Please?
Submitted: 3 years ago.
Category: UK Employment Law
Expert:  UKSolicitorJA replied 3 years ago.

You are eligible for ordinary paternity leave, looking after the baby has nothing to do with it and it doesn't matter that the baby is born outside the UK/EEC.

See here:

Your annual leave has already been approved and your employer should arrange for cover during your absence. If they cancel, you can raise a grievance about it.

Hope this helps -please leave feedback
UKSolicitorJA, Solicitor
Satisfied Customers: 4303
Experience: solicitor
UKSolicitorJA and other UK Employment Law Specialists are ready to help you
Expert:  Ben Jones replied 3 years ago.
Hello the above answer has omitted a few significant issues. First of all any application for paternity leave must be submitted at least 15 weeks before the expected week of childbirth. If the baby is due on 7 Jan 2013 then any application must have been in by the last week of September. If you have not submitted a formal request for PL by then, the employer can reject any subsequent requests. Also there is a legal requirement that you must have, or expect to have, responsibility for the child's upbringing (regulation 4(2)(c)(i), The Paternity and Adoption Leave Regulations 2002). If you cannot show that you will or expect to be responsible for the child's upbringing then you will not be eligible for paternity leave. In terms of the 9 days annual leave you have, the employer is also able to reject a request to take these as long as they give you sufficient notice, which must be at least the length of the leave to be taken (in this case 9 days). However, assuming you have met the required criteria and followed the correct procedure there is no reason why the employer should reject your request and you may take this matter further if necessary. the grievance procedure is your first option but if necessary you can also go to the employment tribunal if you have either been subject to detriment or dismissed as a result of trying to take paternity leave.
Expert:  Ben Jones replied 3 years ago.
I forgot to mention that you need to use the following form to apply for paternity leave:

Also I see you accepted my colleague's answer even though it was incorrect, please kindly let me know if you meant to do that?

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Previous | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC

Meet The Experts:

  • Jenny McKenzie

    Jenny McKenzie

    Satisfied Customers:

    10 Years of experience in Employment Law and HR
< Last | Next >
  • Jenny McKenzie's Avatar

    Jenny McKenzie

    Satisfied Customers:

    10 Years of experience in Employment Law and HR
  • UKSolicitorJA's Avatar



    Satisfied Customers:

  • John Knox's Avatar

    John Knox


    Satisfied Customers:

    Solicitor and Advocate
  • Kasare's Avatar



    Satisfied Customers:

    LLB (Hons)
  • INC's Avatar



    Satisfied Customers:

    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • Thomas's Avatar



    Satisfied Customers:

    BA (Hons), PgDip, Practising Solicitor
  • Buachaill's Avatar



    Satisfied Customers:

    17 years experience