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Sunday, 22 November 2009

During your paternity leave and returning to work

You get all your normal employment benefits (apart from wages) during your paternity leave. You will be able to go back to the same job and your employer shouldn't treat you unfairly or sack you for taking, or asking to take paternity leave.

Your holiday entitlement when you are on paternity leave

You will still build up your entitlement to paid holiday during paternity leave. You cannot take annual leave during paternity leave but you may be able to extend your time off by taking a period of annual leave immediately before or after paternity leave.

Your pension contributions when you are on paternity leave

If your employer contributes to an occupational pension scheme they must carry on making their usual contributions for the whole time you are on paid paternity leave.

If you normally make contributions to your pension you should carry on doing so, based on the amount of paternity pay that you are getting.

Returning to the same job

At the end of your paternity leave, you have the right to return to the same job as before on the same terms and conditions of employment as if you had not been absent, unless a redundancy situation has arisen.

An employee on paternity leave should be treated in the same way as any other employee during a redundancy situation, including being consulted about the redundancy and being considered for other jobs.

You are also entitled to benefit from any general improvements to the rate of pay or other terms and conditions introduced while you were away.

It is unlawful for your employer to dismiss you or treat you unfairly as a result of taking paternity leave or seeking to take paternity leave.

If you do not wish to return to work, you should give notice in accordance with your contract of employment. You do not have to pay back Statutory Paternity Pay (SPP) even if you do not return to work.

Taking parental leave after paternity leave

If you need more time off to look after your child you may be able to take parental leave.

You can take a certain amount of parental leave without impacting your right to return to work. If you take more than that amount you will be able to return to the same job unless this is not reasonably practical. If this is the case you must be offered alternative work that is suitable to you and with terms and conditions as if you hadn’t been absent.

Flexible working

As the parent of a child aged 16 or under, or if the child is disabled under 18, you are entitled to request a flexible working pattern. This can help you balance caring for your child and work. Your employer must consider your request and respond to you in writing.

What to do if you have problems

If you experience problems while you are on paternity leave, talk to your boss or the person above them or go to the HR (human resources) or personnel department. If you have an employee representative (eg a trade union official), they may be able to help.

If this doesn't work, you may need to make a complaint using your employer's internal grievance procedure.

If you are still unhappy you have the right to make a complaint to an Employment Tribunal.

Where to get help

For more information on where to get help with employment issues visit the employment contacts page or find out more about trade unions.

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