How do I take my paternity leave when boss refuses it?

QMY WIFE and I had our first child — a baby boy — about two months ago. I applied for paternity leave a few days after our son was born, with a view to taking the leave when he was around a month old. I gave my employer the required four weeks’ written notice and provided the necessary documentation.

However, my employer has come back to me verbally and said that he won’t approve my application for paternity leave because the business is under a lot of pressure at the moment, and so he needs all hands on deck.

He has also ruled out the prospect of me taking the paternity leave at a later time, saying that the business will be under pressure for the coming months and that he can’t allow me to take any kind of leave until the summer.

As I understand that I must take paternity leave within 26 weeks of the birth of my child, could I lose my entitlement to this leave if I have to wait until summer to take it? Is there anything I can do to better my chances of taking paternity leave? Gavin, Co Louth

THE law is very clear here and by informing your employer four weeks in advance with written notice, you have done everything by the book. The Paternity Leave and Benefit Act 2016 states that as a father, you are entitled to two weeks’ statutory paternity leave.

You must use your paternity leave within six months of the birth, so your boss cannot ask you to postpone it any further. You are fully entitled to this paternity leave and your boss is totally out of order with his stance.

I would urge you to keep a record of everything verbal that is said and make sure that you keep a written record of all communications with your boss.

You are protected by law in this instance, and I would point this out to your boss clearly and unambiguously.

If he persists with a negative response, you can make a complaint using the online complaint form on the website workplacerelations.ie, within six months of the dispute. However, I believe that if you underline your legal entitlements and the repercussions, your boss will probably back down.

You also need to check your contract of employment to see what has been agreed regarding payment for paternity leave. Your employer is not obliged to pay you for this, although you may qualify for state paternity benefit if you have paid enough social insurance (PRSI) contributions.

Four-day week

Q MY HUSBAND and I have a long commute to work — and a young family. Much of my work is desk-based and could be done from home. I approached my employer and suggested that I work from home for one day a week. This would ease the pressure of the commute on my children and I.

I would produce the same amount of work — or possibly more — at home as I would in the office.

My employer is open to the idea, but only on the condition that I take a 10pc pay cut. I don’t believe this is fair of him. What’s your advice here? Lorraine, Co Laois

FLEXIBLE work can include part-time work, full-time work with flexibility, remote work from home, compressed hours, job shares, term-time and so on.

There are no laws around flexible work in Ireland at the moment. However, the Government is working on a future jobs programme where one of the main pillars is addressing the needs of parents in the workplace and bringing in legislation around flexible work — a welcome step in the right direction.

It seems unfair that your boss would expect you to do the same work (albeit working from home one day) for less pay. Could you ask him to explain his reasoning behind the 10pc reduction — which equates to you working for 50pc less on one of your days? Is he suggesting that your productivity will be 50pc less on the day you work from home, when most studies show that productivity is increased when employees work from home? Other advantages include reduced attrition rates and significant cost savings for the employer.

I would certainly challenge your boss to explain the 10pc decrease. Remind him that the new EU directive on worklife balance is coming into effect in the next three years in Ireland, where parents with children up to the age of eight will have the right to request flexibility in the workplace. This new law has the power to change the landscape of flexible work in Ireland, and it is paramount that all employers are preparing for it.

School holiday woes

Q MY ELDEST daughter started school last September. She had been in a creche up until September 2019, so childcare around school holidays was never an issue for my husband and I. It is now though. I don’t have enough annual leave to cover all of the days that my child will be off school — and certainly not when she’s off for two months over the summer.

I can’t find a creche or childminder that will take her over the summer holidays. Do you have any advice on how I can manage this challenge? We live away from family so I have no family support network nearby. I work in a busy accountancy practice.

Jill, Co Dublin

WHILE the cost and system of childcare in Ireland are unlikely to change in the near future, perhaps you could broach the subject of flexible work with your boss. You say you work in a busy accountancy practice, but the quiet times in an accountancy practice are often over the summer months.

Is it possible to negotiate term time with your employer, where you work for 10 months of the year and your pay is spread over the 12 months?

Perhaps you could offer to work for a day a week over the summer to keep up to date with your clients. Would this be manageable with your daughter?

There are lots of different options, where flexible work could help you with your juggling act of parenting and full-time work. I would suggest going to your employer with a solution that fits around your needs but also takes in the needs of your employer. Present it in such a way that makes practical and economical sense.

There is also a major shortage of good practice accountants out there at the moment, so I am sure your employer will not want to lose you, and you are in an excellent negotiating position.

Your employer should also be aware of the new EU directive on work-life balance. The proposed directive will facilitate every employee with children up to eight years of age, and carers, and will ensure that such individuals have a right to request flexible working arrangements. This includes reduced working hours, flexible working hours and remote working options.

This EU directive was voted into law in 2019 and will be coming on stream in the next three years in Ireland.

Email your questions to lmcbride@independent.ie or write to ‘Your Questions, Sunday Independent Business, 27-32 Talbot Street, Dublin 1’.

While we will endeavour to place your questions with the most appropriate expert for your query, this column is not intended to replace professional advice.