Are you eligible for paternity leave? What fathers-to-be need to know

Preparing for the arrival of a new child is an exciting time – and at Palmers, we know that you will be keen to spend quality time with the newest member of your family.

However, understanding legislation around paternity leave can be difficult.

Here’s what you need to know about your paternity leave rights as a father-to-be.

Am I eligible for paternity leave?

You can potentially receive paternity leave if you are one of the following:

• The child’s biological father.

• The spouse, civil partner or partner of the mother (or adopter).

• The child’s adopter.

• A parental order parent if you are having a baby via a surrogacy arrangement.

However, there can be gaps in eligibility in some cases, so you should always speak to an employment law expert for advice.

To be eligible for statutory paternity leave, you must:

• Be classed as an employee.

• Provide the correct notice.

• Be taking time off to look after their child or the mother/other parent.
• Not have already taken shared parental leave in respect of the same child.

• Have the required degree of responsibility for the child’s upbringing.

• Have been employed by your place of work for at least 26 weeks at any point during the qualifying week.

• Remain with the same employer or an associated employer until the baby is born/placed for adoption (as applicable).

If your baby is born early, the qualifying week is still based on the baby’s due date.

The qualifying week is the 15^th week before the baby is due unless the employee is adopting the child. If you are adopting from within the country, the qualifying week will be the week in which the employee is notified that they have been matched with a child.

What statutory paternity leave can I receive?

You can choose to take two weeks period of paternity leave or two one-week periods of paternity leave.

This amount is the same even if you have more than one child, such as twins.

Unless there is a change of circumstances, the start date must be one of the following:

• The actual date of birth/placement.

• A specified number of days after the birth/placement.

• A set date which is after the expected date of birth/expected week of placement.

Paternity leave must usually be taken within 52 weeks of the child’s birth, placement, but there are cases where this period can be shorter.

What notice must I give?

Notice must be given before the qualifying week, or as soon as reasonably practicable if this deadline cannot be met. Your employer may request that you give notice in writing.

Your notice should contain a declaration that you meet the eligibility requirements for paternity leave and confirm that you expect to have responsibility for the child’s upbringing.

The effects of taking paternity leave

During paternity leave, you are entitled to benefit from your usual contractual terms except for those terms relating to remuneration

After paternity leave, usually, but not always, you have a right to return to the same job that you were employed to do immediately prior to taking the leave

You should not be subjected to detriment or dismissed because they have taken or sought to take paternity leave.

What pay am I entitled to?

Subject to your being on payroll earning at least £125 per week in an eight-week period ending with the qualifying week, whilst on paternity leave you will be entitled to Statutory Paternity Pay (SPP) at either £187.18 per week or 90 per cent of your average weekly earnings, whichever is lower.

Your employer may choose to pay you a rate above SPP.

Antenatal/Adoption Appointments

You are entitled to unpaid leave before your baby is born if you are accompanying a pregnant person to antenatal appointments. This is allowed if you are:

• The father.

• The expectant mother’s spouse or civil partner.

• In a long-term relationship with the expectant mother.

• The intended parent if you are having a baby via a surrogacy arrangement.

Similarly, there is also entitlement to time off to attend certain adoption appointments.

You may also qualify for Shared Parental Leave. This can not only extend the amount of time you are eligible to take off work, but the paid leave you are entitled to as well.

Additionally, your employer may offer you a more generous package of parental leave and pay.

What if I lose my baby?

You can still get Paternity Leave and/or Pay if your baby is:

• Stillborn from 24 weeks of pregnancy.

• Dies after having been born alive at any point during the pregnancy.

You can take any leave you booked before losing the baby. If you have any un-booked paternity leave remaining, you can book it and take it within 8 weeks of the death.

You may also be eligible for Statutory Parental Bereavement Pay and Leave.

Other leave you may be entitled to

You may also be entitled to up to 18 weeks’ unpaid Parental Leave per child until they reach the age of 18 (a maximum of 4 weeks per child in any one year)

Other leave you may be eligible for include:

• Neonatal Care Leave and Pay – This applies if your baby needs specialist neonatal care after birth.
• Dependents Leave – This is reasonable unpaid time off work to deal with certain unexpected family emergencies, e.g. to arrange care for a dependent or to deal with an unexpected childcare breakdown.
• Carers’ Leave – You may take one week’s unpaid leave per annum to provide or arrange care for a dependent with longer term care needs due to an illness or disability.

Understanding and taking Paternity Leave

If you are unsure about your statutory rights or your employer’s family leave policies, it is best to talk to a legal expert.

We can ensure that you receive the leave, pay, and benefits you are entitled to – leaving you free to focus on crucial bonding time with your newborn.

For further guidance on paternity leave, get in touch with a member of our team today.