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10/07/2012 at 12:22
Hi does anyone have a good understand of the new legislation for paternity leave, I'm self employeed and the nature of my business means that I won't be taking maternity leave (although I will be working from home) Does anyone know how it would stand with my husbands employer will he be able to take paternity leave from 2 weeks after the birth instead of me and if so would he just get stat pay or maternity pay like the mother would, I'm not expecting yet but hope to be in september ?
11/07/2012 at 12:50
Essentially the same rules apply for your partner as apply for you. He would need to provide his employer notice of your baby's due date in writing (there are downloadable forms for this on Direct.gov) around 15weeks before baby is due. By law you yourself have to take the 1st two weeks following baby's birth off as maternity leave (for your own health/recovery) though your partner can also take paternity leave at the same time.
Your partner will qualify for paternity leave of 2weeks length payed according to the terms of his employer (some will pay one week full wage & the other SPP whilst others will only pay SPP). If you then return to work your partner is entitled to claim additional paternity leave from his employer, you would need to provide a letter to his employer confirming your intended date of return to work, his employer would then need to advise HM Customs of your return to work & your partner's wish to claim your outstanding SMP (you qualify for 9mths worth of SMP from baby's birth). HM Customs will then confirm with you/your employer that this is the case before transferring your SMP into your partner's name (your partner's employer may provide additional pay for so many weeks but again it will depend upon the individual company).
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