Are agency workers entitled to Paternity Leave/Pay?

Posted in : First Tuesday Q&A NI on 1 October 2013
Emma-Jane Flannery
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.

Back to Q&A's This article is correct at 02/09/2015
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The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Emma-Jane Flannery
Arthur Cox

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