If you are a working father, you are entitled to one or two-weeks’ paternity leave (in addition to your normal holiday entitlement) when you and your partner have a child. Some other people are also entitled to paternity leave – see below. You can also qualify for paternity leave when you adopt a child. Most fathers will be entitled to statutory paternity pay for their paternity leave.
To qualify for paternity leave for a birth, you must:
- have been employed by the same employer for at least 26 weeks by the end of the 15th week before the expected week of childbirth; and
- be the biological father of the child, or be married to or be the partner of the baby’s mother (this includes same-sex partners, whether or not they are registered civil partners); and
- have some responsibility for the child’s upbringing; and
- have given your employer the correct notice to take paternity leave.
To qualify for paternity leave for an adoption, you must:-
- be employed for at least 26 weeks by the time you are matched with your child for adoption. (You will not be entitled to paternity leave or pay if you already know the child, for example, if it’s your stepchild)
- not be taking adoption leave. (Where you and a partner are adopting a child, one of you can take adoption leave and one paternity leave)
- have some responsibility for the child’s upbringing
- have given your employer the correct notice to take paternity leave.
When can you take ordinary paternity leave?
If you are taking paternity leave for a birth, the leave can start either on the day the baby is born or on a date that has been agreed in advance with your employer. Your paternity leave cannot start before the baby is born, and, if you are agreeing a date later than the birth of your baby, it must be completed within 56 of days of the birth.
If you are taking paternity leave for an adoption, the leave can start either on the day that the child is placed with you, or on a date that has been agreed in advance with your employer. If you are agreeing a later leave date later than the date your child was placed with you, the leave must be completed within 56 days of the adoption date.
Telling the employer about your paternity leave
You need to be able to show your employer that you are entitled to paternity leave. You must also give your employer notice that you want to take paternity leave. The notice must be in writing if your employer asks for written notice. You must give notice 15 weeks before the baby is due or, if this is not practical, as soon as possible once you know you want to take leave. If you are adopting a child, you must give notice no later than seven days after the date you are matched with your child for adoption. If this is not practical, you must give notice as soon as possible once you know you want to take paternity leave.
If you change your mind about when you want to take paternity leave you can, but you should give your employer 6 weeks’ notice of the change.
Additional paternity leave
If your partner is having a baby or adopting a child you may have the right to take up to a further 26 weeks paternity leave which is additional to Ordinary Paternity Leave, but only if the mother or co/adopter returns to work. This can be taken between 20 weeks and one year after the birth (or adoption) of your child if your partner is returning or has returned to work before the end of their Statutory Maternity Leave period effectively enabling you to share the maternity leave. Under some circumstances you may also be able to claim Additional Statutory Paternity Pay or, if you meet the criteria for Paternity leave but not Paternity pay you can take Unpaid Paternity Leave.
If you do not meet the criteria for Statutory Paternity Leave you may be able to take annual leave or apply for Flexible Working.
What to do if you have problems
If you experience problems while you are on paternity leave, talk to your manager or the person above them, or go to the HR (human resources) or personnel department to see if they can help you sort things out. If you are concerned about being treated unfairly and have been unable to resolve the situation by discussing directly with your employer, an employee representative such as a trade union official may be able to help. Alternatively, if you are not a Trades Union member 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.
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