Why don't I get paternity leave/pay after changing employer?

[dadtobe]

I changed jobs 2 months after my partner became pregnant. I now find that I am not entitled to even Statutory Paternity pay/leave from my new employer.

"You can take statutory paternity leave if you have been with your employer for at least 26 weeks by the end of the 15th week before the beginning of the week when the baby's due".

By my calculations this equates to the week before we conceived! My new employer is pretty flexible with holidays and flexitime but I find it ridiculous that despite paying National Insurance etc uninterupted for all these years I am not entitled to anything. I can't be the only one to find this absurd, yet there is nothing on the web about it. What if you took a couple of years to conceive? You'd get trapped in a job.

[TCL-MUMPING]

The same qualifying condition applies for women to receive Statutory Maternity Pay (SMP.) If yir partner had done the same as you, she would not receive SMP either. If the employment period were only one day before the 15th week there would be those who joined the employer AFTER that date and would not qualify. There will always be those who miss out for whatever reason and prior to April 2003 there was no Paternity Pay and Paternity Leave at all.

[bednobs]

i don't really understand your last two sentances - are you saying you'd stay in a job you didnt like or want if you were trying to get pregnant, in order just to recieve meagre pat leave entitlement (!?)

[Coppertop84]

To qualify for statutory paternity pay you need to have been employed by your current employer for the whole of the pregnancy up to the baby's birth.

As you were employed by someone else for the first two months of pregnancy your employer is correct in saying your are not entitled to statutory paternity pay.

However, your employer must provide you with form SPP1 which is a declaration confirming you are not entitled to statutory paternity pay and may assist in claiming a benefit directly from the government.

Unfortunately the decision not to pay statutory paternity pay is just following the legislation and your employer can only follow the rules.

[factor-fiction]

I agree with bednobs. I found the statement about being 'trapped in a job' just to hang on for paternity benefits a little odd.
I'm also puzled by the statement that 'there is nothing on the web about it' when in fact the rules are clearly stated.
Anyway, congratulations and good luck with the pregnancy- look at the positive things.

[dadtobe]

Like I said I'm not that bothered because of my new employers flexibility and a better job, but I think a large number of people would think twice about moving jobs if it meant losing out. 2 weeks isn't far off total annual leave for some.

I assumed that the term 'statutory' and the references back to HRMC meant it was funded by NI contributions - which having paid uninterupted for nearly 10 years I find a little unfair.

Thanks for all the answers :)

[buildersmate]

There are many unfairnesses in the whole system that involves NI. I appreciate your frustration and agree that it is a shame. The only way is to carefully try and keep check on all these things as one makes pension / benefit invoking decisions in life.