About this information
- This information outlines when an employee may be entitled to paternity leave and paternity pay and sets out the arrangements for taking it. It covers the rights of fathers/partners to the pregnant employee. Employees may be entitled to time off to accompany their partner to antenatal appointments or to attend adoption appointments. For more information see the Time Off for Antenatal Appointments Information or the Time Off for Adoption Appointments Information.
- In some cases the employee and their partner may be eligible to opt into the shared parental leave (SPL) scheme which gives them more flexibility to share the leave and pay available in the first year. This is in addition to the employee’s right to paternity leave. For information about SPL, see the Shared Parental Leave (Birth) Information and Shared Parental Leave (Adoption) Information.
Entitlement to paternity leave
- Paternity leave is available on the birth of a child if the employee has been continuously employed by the employer for at least 26 weeks ending with the 15th week before the Expected Week of Childbirth and either:
- the employee is the biological father and will have some responsibility for the child’s upbringing; or
- the employee is the partner (that is, spouse, civil partner or cohabiting partner) of the mother, and will have the main responsibility (with the mother) for the child’s upbringing; or
- the child is born to a surrogate mother where the employee or his/her partner is, one of the child’s biological parents, and the employee expects to obtain a parental order giving them and their partner legal responsibility for the child.
- Paternity leave is available where a child is placed with the employee for adoption by an adoption agency, if the employee has been continuously employed by the employer for at least 26 weeks ending with the week in which the agency notifies the employee that they have been matched with a child.
- In adoption or surrogacy cases the employee may be entitled to take adoption leave instead (see the Adoption Information). However, adoption leave may only be taken by one parent. Paternity leave is available to the other parent (of either sex) who does not take the adoption leave. This, however, will be limited to the periods of time allowed for paternity leave (2 weeks). For further details, please see the Paternity Information.
Taking paternity leave
- Paternity leave is a period of one or two weeks’ consecutive leave taken when a child is born, or placed with the employee for adoption. The employee can start the leave on the date of birth or placement, or later, provided it is taken within eight weeks (56 days) of the birth or placement. (If the baby is premature the period ends eight weeks after the start of the Expected Week of Childbirth.)
- To take paternity leave the employee must give the employer written notice by the end of the 15th week before the Expected Week of Childbirth (or no more than seven days after the adoption agency notified the employee of being matched with a child), or as soon as the employee reasonably can, stating:
- the Expected Week of Childbirth;
- whether the employee intends to take one week or two weeks’ leave; and
- when the employee would like their leave to start.
- The employee can change the intended start date by giving the employer 28 days’ notice or, if this is not possible, as much notice as possible.
Paternity pay
- Statutory paternity pay (SPP) is payable during paternity leave provided the employee has at least 26 weeks’ continuous employment ending with the Qualifying Week (the 15th week before the Expected Week of Childbirth or the week in which the adoption agency notified the employee of a match) and the employee’s average earnings are not less than the lower earnings limit set by the government each tax year. The rate of SPP is set by the government each tax If in doubt, the government website here should be checked as these limits change each year.
During paternity leave
- All the usual terms and conditions of the employee’s employment remain in force during paternity leave, except for the terms relating to pay.
- Holiday entitlement will continue to accrue during paternity leave. If the employee’s paternity leave continues into the next holiday year, any remaining holiday that is not taken or cannot reasonably be taken before the paternity leave starts can be carried over to the next holiday year and must be taken immediately before returning to work or within a set period of returning to work according to the employer’s policy.
- If the employee is a member of a pension scheme, the employer must make employer pension contributions during paternity leave, based on the employee’s normal salary, in accordance with the scheme rules. Any employee contributions made by the employee will be based on the amount of any paternity pay the employee is receiving, unless the employee informs the employer or the Pensions Administrator that you wish to make up any shortfall.
