Statutory paternity leave and paternity pay is available to fathers and the partners of birth mothers and adopters. You may have a contractual right to paternity leave and pay as well as your statutory right. You may combine these rights and you may take advantage of whichever provision is more favourable. If in doubt, seek advice from the AdviceLine.
Statutory Paternity Leave
Statutory Paternity Leave is an absence from work to care for a newborn child or adopted child, or to support the child's birth mother or main adopter. To take paternity leave, you must be an employee, meet the qualifying criteria and have given the appropriate notice to your employer. The right to take statutory paternity leave is a day-one right and is available regardless of whether you are full-time or part-time, permanent or on a fixed-term contract.
To qualify for paternity leave, you must be the:
- biological father, or
- spouse, civil partner or partner of the birth mother, or
- spouse, civil partner or partner of the adopter
Length and timing of Paternity Leave
Paternity leave can be taken within 52 weeks of the birth or placement for adoption of your child. If your child is born prematurely, then you have 52 weeks from the expected date of childbirth to take your leave. Paternity leave can also be taken if your baby is stillborn after 24 weeks.
You may take one or two blocks of paternity leave - one full week, two consecutive weeks or two separate weeks.
Statutory Paternity Pay
Statutory Paternity Pay is a weekly payment made by employers to eligible employees for one or two weeks.
You will be entitled to Statutory Paternity Pay if you qualify for Statutory Paternity Leave and you:
- have been employed by the same employer from the end of the 15th week before the expected week of birth to the date of the birth, or 26 weeks by the date of notification of placement; and
- earn at least the lower earnings limit per week for 8 weeks ending with the 15th week before the expected week of the birth, or notification of the placement.
You will be entitled to the weekly rate of Statutory Paternity Pay or 90 per cent of your average weekly earnings if this is lower.
Local arrangements
You may wish to discuss with your employer the possibility of being paid paternity pay at the normal salary rate. Although this is not in the legislation, employers do have the discretion to increase the amount of paternity pay they provide.
If your employer only pays a few days at full pay, the remainder of your paternity pay will be paid at the rate of statutory paternity pay.
Your responsibilities
You should notify your employer of your wish to take paternity leave by the following dates:
- birth - 28 days' notice prior to each period of leave
- adoption - within seven days of the notification of placement.
You must provide a paternity certificate to your employer. This is a written statement that you are entitled to take paternity leave, the expected week of childbirth or date of placement and when you would like your paternity leave to start. Your employer may have a locally produced form for this; otherwise, a letter with the relevant information will be sufficient.
You may vary the start of your paternity leave by giving 28 days' notice.
If your employer so requests, you must inform your employer in writing of the date of birth or placement of your child within 28 days of the request of as soon as possible afterwards.
Combining different types of leave
It is not possible to take more than one type of leave at the same time, but you might find that you can benefit from a succession of paid paternity leave, paid shared parental leave, pay during school holidays and unpaid parental leave if you meet the qualifying criteria and give the correct notice. Your local NEU branch or NEU AdviceLine might be able to assist you in planning your time off.
Antenatal classes
Prospective fathers or a birth mother’s partner can take unpaid time off work to attend up to two antenatal appointments if they are an employee or if they have worked as an agency worker in the same role with the same school or college for at least 12 weeks. A maximum of 6.5 hours can be taken for each appointment. The NEU recommends that employers should agree the time off to be on full pay.
