Paternity leave is a statutory right for fathers-to-be or to those taking responsibility for a child alongside the mother. Paternity entitlement is available to most male guardians, assuming they meet the eligibility rules and give their employers sufficient notice of their intent to take leave.
Paternity Leave Entitlement
Any father-to-be or person who thinks they may be eligible for paternity leave should check any contract of employment or staff handbook they may have. Employers will often have their own paternity entitlement rules that offer differing benefits to the statutory rights laid out by the UK government (detailed here).
During the pregnancy, antenatal appointments are not covered by any statutory right to absence from work. Any arrangements for time off will need to be arranged with the employer and there is no obligation on their part to allow time off. It may be possible to arrange flexible hours to work around hospital appointments but this will be entirely at the discretion of the employer.
In order to qualify for paternity leave, certain criteria must be met. The applicant must be an employee (for a definition of an employee as opposed to a worker or someone who is self-employed, click here), and they must have been employed for 26 weeks at the end of the 15th week before the due date. The employment must also have been continuous during this time.
Statutory paternity rights are only applicable to the biological father or the husband or partner of the mother, assuming they will be taking joint responsibility for the child's wellbeing.
If adopting, the father or applicant must have worked for 26 weeks before the guardians were matched with a child. Paternity leave is also only available to the child's direct adopter, or the husband or partner of the direct adopter.
Parental Rights Regarding Paternity Leave
Assuming the applicant is eligible for paternity leave, the regulations state that one or two weeks of leave can be taken, but it cannot be taken in odd days, and if two weeks are taken, both most be taken together without a break. A week is based on the normal working pattern of the member of staff taking the leave, so if a three-day-week is the norm, then three days leave will constitute a "week" in terms of paternity leave.
In order to give the employer enough notice, an application for paternity leave should be made before the start of the 15th week before the due date. The employer will also need to be told the due date and whether one week or two weeks leave will be taken.
Paternity leave cannot commence before the birth, and must be completed within 56 days of the delivery. The leave can commence on any day during this window. If possible, one method for extending leave and staggering the return to work, thus helping the new mum, is to combine paternity leave with paid annual leave. This may not always be possible but is worth discussing with an employer.
Paternity leave pay is currently £124.88 per week or 90% of gross weekly earnings, whichever is the lower. Employers may however, provide better terms that the statutory rights offered so those eligible for paternity leave should always check.
Paternity leave is an important benefit for fathers or those men taking responsibility for childcare with a mum-to-be. Assisting the mother during the first couple of weeks helps share the large burden of caring for an infant, at a time when the mother needs time to recover from the physical and mental stresses of childbirth. Men eligible for paternity leave should always check their entitlement with their employer.
Maternity Leave Guide for UK Mothers
Maternity Pay Guide for UK Mothers
Tobias Robinson - Toby describes himself in four words; husband, father, sportsman, gambler. A sports enthusiast, Toby enjoyed an unspectacular ...
Join the Conversation