DH's work abolishing paternity leave - is that even legal?!

[Yarrawin]

Hi everyone,

Well, yesterday my husband came home and told me he had something to tell me that I wasn't going to like one bit - his work made a huge announcement that they are abolishing paternity leave!

This has gone down like a ton of bricks with us, given that we're expecting our first child in January 2011.

For starters, is this even legal? I thought that paternity leave was a legal right...

If someone can clarify for me I'd really appreciate it. Obviously if there's any way we can we'd like to fight his company on this.

[allycat06]

As far as I know it's legislation set by the federal government so workplaces can't have their own individual rules and regulations. It's one set for everyone.

Parental leave

Might be something useful in that link above.

[BrightSparkles]

I thought all employers had to give a min of one wks unpaid paternity leave?

[Yarrawin]

As far as I know it's legislation set by the federal government so workplaces can't have their own individual rules and regulations. It's one set for everyone.

Parental leave

Might be something useful in that link above.

Thanks for that - that's what I thought too but for some reason failed when I searched for it lol. Will go check it out now, thanks for the link.

[Yarrawin]

Thanks girls. bit disappointed - I had it in my head that it was paid. what a pity.
It sounds like they're abolishing paid paternity leave.

[allycat06]

Sorry just looked through it and might not be what you are looking for. I know the 'parental' leave is law but perhaps not paternity. I know DH's work allowed 1 weeks unpaid pat leave but yeah this could be something that is set by the company.

[Roryrory]

Yeah, if they are abolishing "paid" leave then that is entirely legal. Unless it's in an existing individual contract or EBA....

[Jaycee]

Exactly what Rory said! A lot of companies will be doing this when the government scheme comes into affect, which really sux!

[~Raven~]

Maybe they are removing "paternity" leave as it exists and replacing it with "parental" leave? So as not to discriminate IYKWIM!

[Yarrawin]

DH thinks they mean no leave for new dads. I am trying to get DH to do some more looking into exactly what they mean especially as they are a bit of a dodgy bunch at times!

[Bathsheba]

Could he just use 1 week of his annual leave? My DH was fortunate enough to get 1 weeks paid paternity leave after all my 3 kids were born but it does seem to be getting harder to get. Most dads seem to just use annual leave entitlements now.

[briggsy's girl]

Paid "paternity" leave isn't all that common, and it doesn't surprise me that the paid part of it is being abolished by workplaces. sucks big time! they can't stop you using the unpaid parental leave if your partner returns to work (ONLY applies if you are primary carer of your child - can't be taken same time as the mother), but individual agreements outline whether you're entitled to any extra paid leave on top of your normal rec/personal leave when your child first arrives. i think most places encourage staff to use rec leave when bubs arrives and personal/carers leave if the mum is not well enough to care for herself and baby on discharge from hospital (c/sec springs to mind) - but they're within their rights to request a medical certificate.

it appears that there is no good old fashioned common sense on letting Dad's have a bit of time to bond and to help mum adjust any more!

[Bathsheba]

What I am most perplexed about is that the two banks that DH has worked for had very family friendly policies regarding paid paternity leave UNTIL women became the CEOs. But then maybe it was a timing thing... not really to do with the gender of the leadership. Who knows?