Q: We have an employee whose wife gave birth via an emergency caesarean. In order to care for his wife, he has applied for carer’s leave instead of parental leave. Can you advise whether in this situation the employee is entitled to carer’s leave?

A: On the basis that the employee’s partner has just had major surgery (emergency caesarean) and that having gone through such a procedure would render her unfit to work, we think that it would be reasonable to extend to the employee a portion of his carer’s leave in order to look after his partner and newborn child.

However, if the employee’s partner is now essentially well (you can ask the employee for a medical certificate) and the employee wants to be at home looking after her and his children because there is a newborn in the house, then annual leave or unpaid parental leave would be more appropriate.

Please note: The answer is correct at the time of publishing. Be aware that laws may change over time. Refer to Personal/carer’s leave for current advice.