Paternity Leave and Paternity Pay

Paternity Leave

Since April 2003, fathers have the right to take Paternity Leave. Parental Leave applies equally to mothers and fathers and is available up to the child’s fifth birthday.

Paternity Leave period

Paternity Leave allows up to two weeks paid leave from work. It can be taken as one week or two weeks in a row, but not odd days or two separate weeks. The leave must be taken within 56 days of the birth (or the EWC if the baby is born early), or the date on which the child is placed for adoption, and leave must be taken to care for the child or to support the mother.

Who can take Paternity Leave?

You will be entitled to take Paternity Leave if you have, or expect to have, responsibility for raising a child, and you are taking time off to care for the child or support the mother, and you are:

• the child’s biological father;
• the birth mother’s husband or partner (including same sex partner); or
• an adoptive parent’s spouse or partner, or you are the joint adoptive parent (where the other partner is taking adoption leave).

Employees are eligible for Paternity Leave if they have worked for their employer for at least 26 weeks by:

• the 15th week before the baby is due (or if the baby is born early, would have done if the baby had not been born early); or
• the end of the week in which the child’s adopter is notified that she/he has been matched with the child.

Statutory Paternity Pay

Statutory Paternity Pay (SSP) is paid for up to 2 weeks at a rate of £100 per week, or 90 per cent of average earnings if that is less.

You are eligible for SPP if you are a worker who qualifies for leave and whose average weekly earnings are at least equal to the lower earnings level (£77 per week from April 2003).

It will not be repayable if you do not return to work after Paternity Leave. Some employers may offer Contractual Paternity Pay.

If you do not qualify for SPP, you may be entitled to some financial help through benefits and tax credits.

Always remember, if you have a problem about exercising your rights, the quickest and most effective way to resolve an issue is to speak with your employer, and to seek specialist advice before considering formal action.