During Additional Paternity Leave
Your employment terms, for example your pension contributions, are protected while you are on Additional Paternity Leave. If you are made redundant while on Additional Paternity Leave you also have extra rights. Find out more about your employment rights during Additional Paternity Leave.
Your employment terms and conditions during Additional Paternity Leave
While you are on Additional Paternity Leave your employment terms and conditions are protected. You keep your normal employment rights and benefits (excluding wages) throughout all your Additional Paternity Leave.
This might include any access to benefits you have as part of your employment contract, for example a company car or mobile phone. However, if the benefit is provided for business use only, your employer may be able to suspend it.
Pension contributions during Additional Paternity Leave
If your employer contributes to an occupational pension scheme, they must carry on making their usual contributions for any time you are receiving any Additional Statutory Paternity Pay or additional contractual paternity pay.
If you normally make contributions to your pension you should carry on doing so, based on the amount of pay you are receiving.
Holiday entitlement during Additional Paternity Leave
Throughout your Additional Paternity Leave you will build up all your usual entitlements to paid holiday. This is even if your employment contract says you are entitled to more than the statutory minimum.
You can add holidays to the beginning or end of your Additional Paternity Leave. You may not be able to carry over untaken holiday entitlement if your Additional Paternity Leave spans two different holiday years. You should discuss with your employer when you will take your annual leave.
Redundancy or dismissal during your Additional Paternity Leave
It is automatically unfair for your employer to select you for redundancy or dismiss you for a reason connected with:
- Ordinary or Additional Paternity Leave
- parental leave
- time off for dependants
Your employer can make you redundant while you are on Additional Paternity Leave if they can fairly justify their choice. For example, your employer might close the section of their business that you normally work in and make all employees in that section redundant. Then your employer can make you redundant as well.
However, if your employer makes staff cuts across the company, they cannot make you redundant because you are on or are about to take Additional Paternity Leave.
If you are made redundant whilst on Additional Paternity Leave then you have special rights. You have the right to be offered any suitable alternative job in the company. This is even if there are other employees that might be suitable for the job. If you are offered a new job, you are still entitled to a four-week trial period, which should start when you return from Additional Paternity Leave.
If you are made redundant or dismissed during your Additional Paternity Leave, you can request a written statement explaining the reasons for your employer'sdecision. Your employer must provide this to you if you request it.
You should receive your normal notice period or pay in lieu of notice and redundancy pay, if you are entitled to receive them.
Keeping in touch during your Additional Paternity Leave
During your Additional Paternity Leave it is often helpful to keep in touch with your employer.
Your employer is entitled to make reasonable contact with you during Additional Paternity Leave. This might be to update you on any significant changes in the workplace, including any opportunities for promotion or job vacancies.
You can work up to ten days during your Additional Paternity Leave without ending your entitlement to Additional Statutory Paternity Pay or Leave. These keeping in touch days may only be worked if both you and your employer agree. Your employer does not have to allow you to work during your Additional Paternity Leave period and you do not have to accept any work offered.
Although particularly useful for things such as training or team events, keeping in touch days may be used for any form of work. They should make it easier for you to return to work after your leave.
You will need to agree with your employer what work is to be done on keeping in touch days and how much pay you will receive.
Your Additional Paternity Leave and Pay period will end if you work more than ten days for your employer during your Additional Paternity Leave. It will also end if you work for another employer who was not employing you during either:
- the 15th week before your baby was due
- the week your partner (or you and your partner jointly) received notification of matching for adoption (for UK adoptions)
- the week you received official notification (for overseas adoptions)