Are agency workers entitled to Paternity Leave/Pay?

Posted in : First Tuesday Q&A NI on 1 October 2013
Arthur Cox
Arthur Cox
Issues covered:

In short, no. To qualify for statutory paternity leave and pay, the individual must be an employee as set out in the Paternity and Adoption Leave Regulations (Northern Ireland) 2002.

An employee is defined in the Regulations as “an individual who has entered into or works under (or, where the employment has ceased, worked under) a contract of employment”.

Statutory entitlement will, therefore, not apply and I have assumed in answering this question that any contractual policy you may have does not extend entitlement beyond the statutory minimum position.

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Arthur Cox
Arthur Cox

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