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Paternity Leave - Awkward question

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  • 15-02-2021 11:48am
    #1
    Registered Users Posts: 61 ✭✭


    Hi everyone,

    Apologies if this has been asked before but it is a unique enough one for my own circumstances.

    I have been working part time (Job A) as a paid hourly staff for the last two years. I was due to be interviewed for my role to be made into a contract however the pandemic came around a few days before the interview unfortunately and that was shelved. I have been back on paid hourly - with the same hours every week since then.

    We are due a baby in next 2-3 weeks, and my (Job A) role is gone to interview again next month. I know that I am not due paid paternity leave for this role in my current paid hourly conditions, however, if I was to be successful in my contract then I would be eligible.
    Unfortunately, I won't be getting this contract (Job A) until after the baby is born. Do you think there is any way I can take paid paternity leave after the baby is born and I am in my contract in say 2 months time, as I know that there is scope to take paternity leave any time in the 26 weeks after the birth?

    I have also just been successful in claiming a contract with another institution for my other part-time (Job B) - which I think I would be eligible to take this paid paternity leave for at the time of the birth.

    Any and all advice is appreciated. I don't want to go asking my HR about these things in case it impacts the date of interview or my chance of getting the contract.

    TLDR

    Part-time hourly in Job A for 2 years no eligibility for paid paternity leave
    Part-time in Job B for last 2 weeks - have eligibility for paid paternity leave
    Baby due in 2 weeks
    Interview for a contract in Job A in 3 weeks and this comes with eligibility for paid paternity leave.

    Should wait to take both together?
    Am I eligible for paid paternity leave if baby born few weeks before Job A role considering it's same job just a contract.


Comments

  • Registered Users Posts: 1,659 ✭✭✭dennyk


    You're eligible for paternity leave no matter how long you've been working for your employer, and you can apply for and take the leave after the child has been born, as long as you take it within 26 weeks of the birth and apply for it at least four weeks in advance.

    That said, you can also take paternity leave as a part-time employee; not sure where you're getting the idea that you can't. Paternity leave is available to all employees, part time or full time. (Unless you mean that your employer doesn't offer paid paternity leave to part-timers; that is legal, as any pay for paternity leave would be entirely up to your contract terms...)


  • Registered Users Posts: 61 ✭✭Chiliconkeni


    dennyk wrote: »
    You're eligible for paternity leave no matter how long you've been working for your employer, and you can apply for and take the leave after the child has been born, as long as you take it within 26 weeks of the birth and apply for it at least four weeks in advance.

    That said, you can also take paternity leave as a part-time employee; not sure where you're getting the idea that you can't. Paternity leave is available to all employees, part time or full time. (Unless you mean that your employer doesn't offer paid paternity leave to part-timers; that is legal, as any pay for paternity leave would be entirely up to your contract terms...)

    Apologies, I mean paid paternity leave. Sorry about the confusion here.
    I will update that in my question.

    I guess it goes down to the terms of the contract as you have said, whether it is possible if you can back date paid paternity leave that we had the baby 1 month before the contract was to start for example.

    Thanks for your advice. With a new baby coming every penny counts


  • Registered Users Posts: 3,733 ✭✭✭OMM 0000


    Key points from https://www.citizensinformation.ie/en/employment/employment_rights_and_conditions/leave_and_holidays/paternity_leave.html#

    All employees (including part-time and casual workers) who are relevant parents can take 2 weeks’ paternity leave from employment.

    [You] can start the leave any time in the first 6 months after the birth.

    You can choose to take paternity leave at any time in the 26 weeks after the birth or adoption. You must notify your employer in writing that you plan to take paternity leave and specify the dates at least 4 weeks before your leave.

    You must provide a certificate from your partner’s doctor stating when your baby is due, or stating the baby’s actual date of birth if you apply for leave after the birth.

    Your employer does not have to pay you during paternity leave, but you may qualify for Paternity Benefit.

    If you have enough PRSI contributions, you can get Paternity Benefit from the Department of Social Protection (DSP).


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