Talking Tele 1

It’s the big story-line on Corrie, is David Platt the father of Kylie’s baby? When the baby was born, David quipped to Audrey, his employer (who happens to be his grandma) that he expected 6 months paternity leave. Audrey swiftly responded that the UK had opted out of those European rights. Have we?

The story-line raises two interesting questions:

a) what rights to paternity leave would David have if he is the father?

Assuming David has been employed for at least 26 weeks (which we know he has), David would be entitled to one week or two consecutive weeks’ paternity leave within 56 days of a child’s birth. This is known as ordinary paternity leave.

However, David can also take additional paternity leave in multiples of complete weeks and last between two weeks and 26 weeks. The purpose of the leave must be to care for the child and must be taken 20 weeks after, and end 12 months after, the child’s birth. In order to take this, Kylie must have returned to work.

Therefore, Audrey is incorrect, we have not opted out of the right for David to take up to 6 months paternity leave.

b) more controversially, what rights would he have if he isn’t the father?

In theory, it may not make a difference. Paternity leave legislation applies not only to biological fathers, but also to the husband (or partner) of the child’s mother providing David will have responsibility for the child’s upbringing (or an expectation that he will do so).

So even if David’s brother Nick turns out to be the father, if Kylie wants David to bring up the child, (and of course if he wants to!), he will still be entitled to paternity leave.

Which leaves the most important question remaining…who is the father…

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This blog is intended only as a synopsis of certain recent developments. If any matter referred to in this blog is sought to be relied upon, further advice should be obtained.