Paternity leave
Dads (and other partners of new mums) have had the right to take up to 2 weeks paternity leave after a child they will be caring for has been born or adopted.We explain who can get it, and what the deal is...
In order to qualify for paternity leave you must:
- be the biological father of the expected child, or the husband or partner of the mother (this includes same sex partners),
- you must have or expect to have responsibility for the child's upbringing,
- And you must have worked continuously for your employer for 26 weeks or more by the 15th week before your baby is due.
The right to paternity leave and pay also extends to adoption. The same length of service with your employer is required but you will be eligible if you are a member of a couple who is adopting a child and your partner is taking adoption leave, or if you are the partner or spouse of a person who is adopting and you have or expect to have responsibility for the child's upbringing.
You must tell your employer that you intend to take paternity leave by the end of the 15th week before the baby is due, or as soon as you can. It's probably a good idea to put all of this in a letter to your employer.
By the time the expected week of the birth arrives you must have let your employer know whether you want to take one week's leave or two, and when you want the leave to start. If you change your mind about when you want your leave to start, you must give your employer at least 28 days' notice (or as much as you possibly can) of when you do want your to start your leave.
In the case of adoption you must give your employer notice of your intention to take paternity leave within seven days of your being notified of a match by your adoption agency. You must tell your employer when you were notified of the match, when you expect the child to be placed, whether you wish to take one week or two, and when you want the leave to start. If you change your mind about the start date you must tell your employer 28 days in advance, unless it's not practical to do so.
The notice to your employer does not have to be in writing, although it's a good idea to put it down on paper. If you want to get Statutory Paternity Pay (see right), you must complete a self-certificate which contains details of your eligibility for leave and pay and also qualifies as written notice to your employer. There are links to the forms at the right of the page, or ask HM Revenue and Customs for form SC3 - 'Becoming a Parent' or form SC4 - 'Becoming an Adoptive Parent'. This self-certificate qualifies as notice of eligibility to both leave and pay.
(Not everyone is an employee. If you are unsure see: Who is an employee?)
Duration of Paternity Leave
You can take your paternity leave as a period of either one full week or two full consecutive weeks.
You can choose in advance when you want your leave to start. You can choose any date (as long as it is later than the first day of the week in which the baby is due), from a particular number of days or weeks after the actual date of birth, or from the actual date of birth itself.
In the case of adoption you can choose your leave to start from the actual date of placement, from a specified number of days or weeks after the actual placement, or from a particular date which must be after the date of expected placement.
Your paternity leave must have ended within 56 days of the birth, or, if the child is born earlier than expected, within 56 days after the first day of the week in which the child was expected. If you are taking leave for an adopted child, your leave must have ended within 56 days after the placement.
Pay during Paternity Leave
Statutory Paternity Pay (SPP) is paid by your employer at the rate of £112.75 each week or 90% of your average weekly earnings, whichever is less.
If you do not qualify for SPP (because of the low level of earnings) you may qualify for Income Support during your leave, or for financial support from your adoption agency.
The right to return to work
When you come back from paternity leave you are entitled to return to the same job. It is illegal for your employer or colleagues to treat you unfairly or dismiss you because you took or tried to take paternity leave or pay.
The effect of Paternity Leave on your terms and conditions of employment
During your paternity leave your contract of employment continues as normal except that you don't have to go to work and you are not entitled to be paid (except for any SPP payments).
You are entitled to continue receiving any other benefits connected with your work.
Remember, if you have a contractual entitlement to leave or pay that is more generous than the legal minimum described above, you can use whichever works out best for you.
