Paternity Leave
Summary of entitlement
Paternity leave can be split into two blocks of one week at any point in the first year for the parent after the birth or adoption of their child.
Paternity leave must be taken in one week blocks (an employee cannot take odd days off, but the week(s) can start on any day, e.g. Tuesday-Monday) and can be taken on or from the date of birth of the child/date of adoption.
The employee will receive full pay for the first week of paternity leave and will then receive Statutory Paternity Pay for the second week or 90% of their average weekly earnings (whichever is less). Tax and national Insurance contributions will be deducted from this amount. The birth of a child whether living or stillborn after 24 weeks of pregnancy will legally entitle an employee to full paternity leave and pay. The notice period required for each period of paternity leave is 28 days or four weeks.
Paternity leave qualification
To qualify for Statutory Paternity Pay, the employee must be responsible for the upbringing of the child, e.g. be the biological father or adopter of the child, or the partner, civil partner or husband of the child's mother. They do not have to be named on the birth certificate.
As the entitlement to paternity leave is based on a relationship with the child's mother, paternity and adoption leave apply to partners of any gender.
Entitlement is a day one right. Employees can, if they wish, add their paternity leave onto their period of shared parental leave. The employee must earn a minimum of the Lower Earning Limit each week. Please refer to Paternity pay and leave as this figure usually changes each tax year.
Maternity support leave
Maternity support leave can be claimed by the child's father or partner of a pregnant woman if they do not satisfy the requirement for paternity leave. It can also be claimed by anyone nominated by the pregnant woman to assist in the case of the child and to provide support to the mother at or around the time of the birth.
Time off to accompany a pregnant woman to ante-natal appointments
Expectant fathers and partners (including civil partners) of a pregnant woman are entitled to take unpaid time off work to accompany the woman to up to 2 of her ante-natal appointments, up to a maximum of 6.5 hours for each appointment. Extra time, if required, can be taken from an employee’s annual leave.
The employee must email their line manager with their request, stating:
- That the employee has a qualifying relationship with a pregnant woman or her expected child;
- That the employee’s purpose in taking time off is to accompany a pregnant woman to an ante-natal appointment;
- That the appointment in question is made on the advice of a registered medical practitioner, registered midwife or registered nurse; and
- The date and time of the appointment