Please can you provide advice re paid paternity leave? We have received an application from a male, applying for paid leave following the birth of a child. The employee advises the mother is now in a civil partnership relationship with another female. As the mother is in a civil relationship, does the mother’s civil partner count as 'the other parent' of the child for the purposes of paid paternity leave? Or perhaps the father and the civil partner are both entitled to receive paternity pay if they will both have an interest in caring for the baby?

Posted in : First Tuesday Q&A NI on 1 April 2014
Emma-Jane Flannery
Arthur Cox

Some employers have their own paternity leave and pay arrangements in place which are more generous than the statutory minimum requirements. In the absence of these provisions, however, to qualify for Ordinary Paternity Leave in Northern Ireland, the employee who is claiming must be either:

  • the biological father of the child;
  • the mother's husband or partner (including same-sex relationships);
  • the child's adopter; or
  • the husband or partner (including same-sex relationships) of the child's adopter.

In addition to being one of these, the employee must also be able to demonstrate the

Already a subscriber?

Click here to login and access the full article.

Don't miss out, start your free trial today!

Are you fully aware of the benefits of Legal-Island's Employment Law Update Service? We help hundreds of people like you understand how the latest changes in employment law impact on your business.

Help understand the ramifications of each important case from NI, GB and Europe

24/7 access to all the content in the Legal Island Vault for research case law and HR issues

Ensure your organisation’s policies and procedures are fully compliant with NI law

Receive free preliminary advice on workplace issues from Maxine Orr, Partner at Worthingtons Solicitors

Already a subscriber, now or Start my free trial today

Back to Q&A's This article is correct at 02/09/2015
Disclaimer:

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

The main content of this article was provided by Emma-Jane Flannery. Contact telephone number is 028 9023 0007 or email Emma-Jane.Flannery@arthurcox.com

View all articles by Emma-Jane Flannery