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Paternity Leave - Employment Equality in The AnswerBank: Business & Finance
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Paternity Leave - Employment Equality

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TonelessT | 09:21 Mon 06th Feb 2006 | Business & Finance
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My employer recently provided a colleague with 50% pay for the first 4 months of her maternity leave, then reducing to the SMP minimum.

How do the Employment Equality Regulations 2003 impact what my entitlement for the 2 week's paternity pay I wish to take? My employer is offering minimum SPP. Am I justified in seeking 50% too, on the basis that to do otherwise would be discrimination of the grounds of gender, or are Maternity Leave and Paternity Leave treated as totally separate issues and my employer is acting within the legislation?

Any parents out there with employment legislation expertise?
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Unfortunately the rules are quite different. SMP is supposed to be paid at 90% of gross earnings for the first 6 weeks & then the minimum (if your colleague got 50% gross for 4 months she got more than the statutory amount). SPP is simply paid at the minimum rate.


You might have a discrimination argument but I think not with your employer, who will simply be following the Government legislation.

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