Paternity leave and pay
2006-10-22
If you’re a father-to-be, or you’ll be responsible with a new baby’s mother for bringing up the child, you have the right to paid paternity leave providing you meet certain conditions. Find out more about those conditions and your rights.The basics of paternity leave and pay
If you’ve worked for your employer before your partner's pregnancy began you probably have the right to paid paternity leave.
Interactive help
You can get personalised help on what you qualify for by using the Tailored Interactive Guidance on Employment Rights (TIGER) tool.
The tool will produce a personalised statement of the paternity leave and pay that you may qualify for, along with an interactive calendar to help you plan your leave.
Paternity leave isn’t the same as parental leave, which is unpaid leave that working parents can take to look after children under the age of five.
Company schemes
Some employers have their own paternity leave arrangements - check your contract of employment. You can always choose the statutory arrangement if this suits you better.
Rights to Paternity Leave are extra to your normal holiday allowance.
Are you entitled to paid statutory paternity leave?
To qualify for paternity pay and leave you must be an ‘employee’. If you are a ‘worker’ you will not qualify for leave but may qualify for pay. If you are unsure if you are a ‘worker’ or an ‘employee’ read the article below.
You can take statutory paternity leave if you:
- are an employee, with a contract of employment (most agency workers and sub contractors don't have the right to paid paternity leave) and
- are the biological father of the child, or are the mother's husband or partner (including a mother's partner in a same-sex relationship) and
- have been with your employer for at least 26 weeks by the end of the 15th week before the beginning of the week when the baby's due and
- will be fully involved in the child's upbringing and are taking the time off to support the mother or care for the baby.
and this leave is paid if you:
- earn at least the lower earnings limit (LEL) for National Insurance contributions.
If you earn less than the LEL, (currently £84 a week), you have the right to unpaid paternity leave if you meet the other conditions, and could get Income Support while on paternity leave.
What if you don’t qualify?
If you don’t qualify for paternity leave, your employer may be prepared to give you some time off, or you could take paid holiday.
How much paternity leave can you take?
You can take either one or two weeks. You can’t take odd days off, and if you take two weeks they must be taken together.
You can choose to start the leave:
- on the day the baby’s born
- a number of days or weeks after the baby’s born
- from a specific date after the first day of the week in which the baby’s expected to be born
Your leave can start on any day of the week (but not before the baby is born), but has to finish within 56 days of the baby being born or, if the baby’s born before the week it was due, within 56 days of the first day of that week.
If your partner has a multiple birth, you’re only allowed one period of paternity leave.
What happens if you lose your baby?
Provided you meet all the other conditions, you can still take paternity leave if your child is:
- stillborn after 24 weeks of pregnancy
- born alive at any point of the pregnancy
How to tell your employer you want to take paternity leave
To qualify for leave, you must tell your employer in writing at least 15 weeks before the beginning of the week when the baby’s due:
- when the baby is due
- whether you want one or two weeks’ leave
- when you want the leave to start
A simple way to give notice is to fill in a ‘self-certificate’. You can download Form SC3 ‘Becoming a parent’, which works as a self-certificate.
You can change the date that the leave starts, as long as you give 28 days’ notice.
What happens if you don’t give the proper notice for statutory leave or pay?
If you can’t give the full notice period to your employer for a valid reason (eg if the baby arrives early), you should still give as much notice as possible. You may still receive leave and pay if you meet the other conditions. If there is no valid reason (eg you simply forgot) you will lose your entitlement.
How much you’ll be paid
If you take paternity leave, and meet the lower earnings limit (LEL), you’ll be paid statutory paternity pay (SPP) during your leave. The amount of SPP is currently £108.85 a week, or 90 per cent of your average weekly earnings if this is lower than £108.85. You pay tax and National Insurance in the same way as on your regular wages. Your employer reclaims the majority of SPP from their National Insurance contributions. To qualify for SPP you must pay tax and national insurance as an employee.
You must give your employer 28 days’ notice of the date on which you want SPP to start.
Will your terms and conditions change because you take paternity leave?
You get all your normal employment benefits (apart from wages) during your paternity leave. You’ll be able to go back to the same job, and your employer shouldn't treat you unfairly or sack you for taking or asking to take paternity leave.
What to do if you have problems
If your boss refuses, talk to the person above them, or to the HR department. If you have an employee representative (eg a trade union official), they may be able to help.
If this doesn’t work, you may need to make a complaint using your employer’s internal grievance procedure.
If you’re still unhappy, you have the right to make a complaint to an Employment Tribunal.
Can you get paternity leave and pay if you adopt a child?
If you or your partner adopt a child or baby, you may be entitled to paternity leave and pay. When a couple adopts they can choose who takes, if eligible, the paternity leave and pay and who takes the adoption leave and pay.
Where to get help
The Advisory, Conciliation and Arbitration Service (Acas) offer free, confidential and impartial advice on all employment rights issues. You can call the Acas helpline on 08457 47 47 47 from 8.00 am to 6.00 pm Monday to Friday.
Your local Citizens Advice Bureau (CAB) can provide free and impartial advice. You can find your local CAB office in the phone book or online.
If you are a member of a trade union, you will also be able to get advice and support from them.
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