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Ineligibility for Statutory Paternity Leave and Pay (Birth Child)

Letter Advising Employee of Ineligibility for Statutory Paternity Leave (and Pay) for a Birth Child


This letter should be used to inform an employee of ineligibility for paid or unpaid statutory paternity leave in respect of a new baby on account of insufficient service.

In order to be eligible for statutory paternity leave and pay, an employee must have at least 26 weeks’ continuous service calculated as at the end of the 15th week before the week in which the child is due to be born.

If an employer fails to grant an eligible employee paternity leave (or statutory paternity pay), this will give the employee the right to bring proceedings against the employer in an employment tribunal.

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