Try our monthly workplace dilemma and see if you know your rights – what would you do?
Counter assistant Sandra is working a tiring shift at OTC Pharmacy when a young woman, about 20 years old, comes into the pharmacy. She is clearly nervous, and looks pretty embarrassed as she heads to the counter. "Hi. Uhm... can I speak to the pharmacist, please?" she asks.
"Of course," Sandra says, heading to the dispensary to speak to Gary, who is the locum pharmacist on duty. Gary takes the young woman into the consultation room, and Sandra gets back to work.
Two minutes later the young woman shuffles out, practically in tears. "I thought that you would help," she says. "It says so outside!"
Gary is calm and polite, but firm. "I'm sorry, but that's the regular pharmacist. I'm just here today. It's against my beliefs, and that means I don't have to do it. I can find out where the nearest pharmacy offering the service is, if you like?"
He beckons Sandra over, and speaks to her quietly and away from other patients. "Sandra, I don't know the area. Do you know if any local pharmacies offer EHC?"
Sandra looks surprised – OTC Pharmacy offers emergency hormonal contraception. "You can get the morning-after pill here, can't you?" she asks.
"Perhaps usually," Gary explains. "But it's against my religious beliefs, so I've declined to sell it. I've got a duty to this patient, though, to direct her to the nearest pharmacy offering the service. Where is it?"
Sandra feels uncomfortable, and very sorry for the customer. She wonders if Gary is allowed to refuse to sell the morning-after pill because of his beliefs.
Can pharmacists refuse to sell a medicine based on their religious or moral beliefs? Cast your vote by April 12 – results next issue
Last month's dilemma: Can part-time workers claim paternity leave? – the verdict
Sadiq has asked Rachel if he can take paternity leave, but he only works part-time. Is he eligible?
Often an employee announcing that they are expecting a baby can catch an employer off guard. Luckily, Rachel has avoided reacting negatively despite her surprise. Telling Rachel may well have been something Sadiq had been worrying about and it is important, for their relationship, that Rachel reacts with understanding.
In the absence of any enhanced internal policies and providing he is an employee of OTC Pharmacy (as opposed to self-employed or an agency worker for example), Sadiq is entitled to up to two consecutive weeks of leave. The eligibility criteria are complex, but in summary:
● Sadiq must be the father of the child, and have or expect to have responsibility for its upbringing
● Sadiq must have been employed by OTC pharmacy:
● for a continuous period of at least 26 weeks ending with the 15th week before the week the baby is due; and
● for a continuous period beginning with the 15th week before the week the baby is due and ending with the day on which the baby is born.
● Sadiq needs to have given notice of his intention to take paternity leave before the 15th week before the week the baby is due unless he has a valid reason not to do so.
● Sadiq needs to have received normal weekly pay that is not less than the lower earnings limit for national insurance contribution purposes. Currently this is £107 per week.
Sadiq has told Rachel about the pregnancy after it has passed the 15th week before the week the baby is due so Rachel will need to ask Sadiq why he didn't tell her earlier. Unless he has a good reason (such as not being aware of the pregnancy) he will lose his entitlement to leave and it will be down to Rachel's discretion. Alternatively, Sadiq could seek unpaid parental leave as he is entitled to 13 weeks (rising to 18 weeks on 8 March 2013) unpaid leave in respect of each child he has or, as he suggests, he could use his holiday allowance.
In terms of disruption after the baby arrives, as a new parent Sadiq will be entitled to make a request for flexible working to change his hours to allow him to care for the baby (although OTC Pharmacy would not be obliged to grant the request) and he will also have a right to take emergency leave to make care arrangements for the baby in the event of a last-minute cancellation of the existing arrangements for the baby's care. Sadiq can also use any balance left from his 13 weeks unpaid parental leave to care for the baby, although he would have to give Rachel at least 21 days' notice.
Peter Schofield is director of legal services at Ellis Whittam, specialists in employment law, health and safety and HR
Key points
● Permanent employees are entitled to paternity leave regardless of hours if they meet eligibility criteria
● You must give notice to your employer that you will take paternity leave before the 15th week of pregnancy
Last month you said...
Can part-time workers claim paternity leave?
Your verdict:
● 100% said yes
● 0% said no
