Paternity leave is defined as a period of absence from work given to a father after or shortly before the birth of his child. Paternity leave was introduced in 2003 under the employment bill applying to all children born on or after April 6 of that year.
In this article, we will answer some of the most asked questions about your rights to paternity leave…
When do employees qualify for statutory paternity leave and pay?
To qualify an employee must:
- Have been in continuous employment with the same employer for 26 weeks ending with the 15th week before the baby is due.
- Be the biological father of the child or be the mother/adopter’s partner or be a surrogate parent (but not Parent A) under a parental order and expect to have responsibility for the child.
How long is paternity leave and when does it have to be taken?
The maximum period of paternity leave is currently 2 weeks; this can either be taken in a block of 2 weeks or 1 single week. It cannot be taken as separate periods, odd days, or as separate weeks.
The leave can start on any day of the week but must be taken within 56 days of the date of the child’s birth or if the child is born earlier then the leave must be completed within 56 days of the first day of that week.
You also do have rights to Shared Parental Leave.
What is the statutory paternity pay and how do you receive it?
The rate is £156.66 a week or 90% of your average weekly earnings (whichever is lower). To be eligible for paternity pay employees must be earning at least an average of £120 per week before tax.
In order to receive statutory paternity pay, the employee must provide a completed self-certificate confirming that he is the father of the child and/or the husband, civil partner or partner of the mother and:
- Is taking leave either to care for the child and/or to support the mother,
- has, or expects to have, responsibility for the upbringing of the child.
The employee must give their employer a completed self-certificate to confirm their entitlement and must do so at least 28 days before they want the pay to begin. Fathers and partners also have the right to Shared Parental Leave. Click here to find out more.
How do you notify your employer and what information is required?
In order to take Paternity Leave, employees are required to notify their employers, in writing, providing the following information at least 15 weeks before the expected week of childbirth:
- The expected week of childbirth.
- The length of the period of leave required and the date from which leave is requested.
How can we help?
Our Employment Law experts can advise on your rights as both an employer and employee. Click here to contact a member of our friendly team today.
(Please note that the above information is not intended to be a complete or definitive statement of the law.)