Paternity leave and pay
Employees with the necessary qualifying length of service have the right to take up to two weeks paid paternity leave.
Paternity leave and pay may also be taken by an adopting parent, with the qualifying length of service, following the placement of a child for adoption.
The right to paternity leave is in addition to the right of employees, both mothers and fathers, to take unpaid parental leave to care for their children. For detailed guidance on the right to take parental leave, please see Parental Leave.
Paternity leave for the birth of a child
To be eligible for paternity leave, the employee must:
- Have or expect to have responsibility for the child’s upbringing
- Be the child’s biological father or the mother’s husband or partner
- Have 26 weeks continuous service by the 15th week before the expected week of childbirth.
Employees who wish to take paternity leave are required to notify their employer by the 15th week before the baby is due, unless this is not reasonably practicable. The notification must include:
- When the baby is due
- Whether the employee wants to take one or two weeks’ paternity leave
- When the employee would like their paternity leave to start.
Employees are able to change their minds about when they want to begin their paternity leave, provided they notify the employer at least 28 days in advance, unless this is not reasonably practicable.
You may ask employees who wish to take paternity leave to provide a self-certificate which confirms that they fulfil the eligibility conditions and provides the information needed to satisfy the notification requirements.
Paternity leave can only be taken in “blocks” of one or two consecutive weeks’ leave. Odd days are not permitted. Leave can begin:
- From the date the baby is born
- From a chosen number of days or weeks after the baby’s date of birth
- From a chosen date.
Leave must be taken within 56 days of either the baby’s birth or the first day of the expected week of confinement. If the baby is born early, leave must be taken at a time between the baby’s actual birth date and 56 days after the baby was due.
Employees are entitled to only one period of paternity leave for each pregnancy, even if more than one child is born.
During paternity leave all contractual terms and conditions, with the exception of remuneration, are preserved. This means that company benefits, such as a company car or membership of a private health insurance scheme should continue during paternity leave. The employee continues to be bound by all contractual obligations.
Following their paternity leave, employees must be allowed to return to the same job.
All paternity leave should be recorded on the employee’s Absence Record.
Paternity leave for the adoption of a child
An employee who adopts a child on is entitled to adoption leave and pay, provided he/she has 26 weeks’ service by the week in which he/she is notified of being matched with a child for adoption. The partner of a person who adopts, or the other member of a couple who are adopting jointly may take paid paternity leave, provided that he/she fulfils the eligibility conditions. The couple may choose which of them takes adoption leave and which takes paternity leave.
To be eligible for paternity leave following the adoption of a child, an employee must:
- Have or expect to have responsibility for the child’s upbringing
- Be the adopter’s spouse or partner
- Have 26 weeks’ service by the week in which the adopter is notified of being matched with a child.
Employees who wish to take paternity leave are required to notify their employer within seven days of the adopter being informed of being matched with a child, unless this is not reasonably practicable. The notification must include:
- When the child is expected to be placed
- Whether the employee wants to take one or two weeks’ paternity leave
- When the employee would like their paternity leave to start.
Employees are able to change their minds about when they want to begin their paternity leave, provided they notify the employer at least 28 days in advance, unless this is not reasonably practicable.
Paternity leave can only be taken in “blocks” of one or two consecutive weeks’ leave. Odd days are not permitted. Leave can begin:
- From the date the child’s placement
- From a chosen number of days or weeks after the child’s placement
- From a chosen date.
Leave must be taken within 56 days of the child’s placement.
Employees are entitled to only one period of paternity leave even if more than one child is placed at the same time
During paternity leave all contractual terms and conditions, with the exception of remuneration, are preserved. This means that company benefits, such as a company car or membership of a private health insurance scheme should continue during paternity leave.
Statutory paternity pay
Employees who qualify for paternity leave will also qualify for Statutory Paternity Pay, provided their average weekly earnings are above the lower earnings limit for National Insurance purposes.
Statutory Paternity Pay should be paid for either one or two weeks, depending on the amount of paternity leave the employee has chosen to take.
The rate of Statutory Paternity Pay is the same as the standard rate of Statutory Maternity Pay. Currently this is £106.00 per week or 90% of average weekly earnings if this is less than £106.00.
Employees whose average earnings are below the National Insurance threshold and who are therefore in eligible for Statutory Paternity Pay may be able to claim Social Security benefits while they are on paternity leave.
Employers whose class 1 National Insurance contributions for the previous year amount to £45,000 or less can recover all of the Statutory Paternity Pay they have paid to employees, plus an amount to cover administration costs. Other employers can recover 92% of the Statutory Paternity Pay they have paid. Employers who need to may be able to receive funding in advance from HM Revenue & Customs, for payments of Statutory Paternity Pay.
Statutory Paternity Pay records should be kept for three years.