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

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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: 1 year ago.
Category: UK Employment Law
Expert:  UKSolicitorJA replied 1 year ago.
Hello,

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: https://www.gov.uk/paternity-leave-pay-employees

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: 3494
Experience: solicitor
UKSolicitorJA and 5 other UK Employment Law Specialists are ready to help you
Expert:  Ben Jones replied 1 year 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 1 year ago.
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