Keith Mack
In the UK, fathers are entitled to paternity leave, which was introduced as recently as 2003. This form of planned absence from work allows fathers to take time off to bond with their newborn and take care of them alongside the mother. Fathers can take one or two weeks of statutory paternity leave, depending on how long they have been in their job. To qualify for paternity pay, one must earn at least £120 a week before tax. While paternity leave is a legal right in the UK, self-employed fathers are not entitled to statutory paternity leave and pay.
| Characteristics | Values |
|---|---|
| Who is eligible for paternity leave? | The biological father of the child or the partner of the baby's mother. |
| How long should one be employed to be eligible for paternity leave? | Continuously employed for at least 26 weeks up to any day in the 'qualifying week', which is the 15th week before the expected week of childbirth. |
| How many weeks of paternity leave can be taken? | One or two weeks of statutory paternity leave. |
| When should the employer be notified? | At least 28 days before taking leave. |
| Can the leave dates be changed? | Yes, by giving 28 days' notice to the employer. |
| Can paternity leave be extended past statutory paternity rights? | There are no official rules, but a case can be made depending on the circumstances. |
| Can paternity leave be shared? | Yes, shared parental leave came into legislation in April 2015, meaning both parents can now share 12 months of parental leave. |
| What is the statutory weekly rate of Paternity Pay? | £172.48, or 90% of your average weekly earnings (whichever is lower). |
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What You'll Learn
Paternity leave eligibility
In the UK, employees are eligible for paternity leave and pay if they are the partner of the birth mother or are in a relationship with someone who is adopting a child. In the case of adoption, the 2003 Regulations apply to adoptions from overseas, while the 2014 Regulations apply to parental order cases, including surrogacy arrangements under the Human Fertilisation and Embryology Act 2008.
To qualify for paternity leave and pay, employees must meet certain conditions. These include being continuously employed by their employer for at least 26 weeks up to any day in the 'qualifying week', which is the 15th week before the baby is due. This requirement is different in the case of adoption. Additionally, employees must provide their employers with notice of their entitlement to take leave and specify the dates of their leave.
The Paternity Leave (Amendment) Regulations 2024 allow employees to choose between taking two non-consecutive weeks of paternity leave or a single period of one or two weeks. The period in which paternity leave must be taken has been extended from 56 days to 52 weeks after the birth of the child. Leave must finish within 52 weeks of the birth or the due date if the baby arrives early.
Statutory Paternity Pay for eligible employees is either £187.18 a week or 90% of their average weekly earnings, whichever is lower. Tax and National Insurance must be deducted from this amount. It's important to note that employment rights, such as the right to pay, holidays, and returning to the same job, are protected during paternity leave.
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Paternity pay
In the UK, new fathers are entitled to take paternity leave and receive statutory paternity pay. This is similar to maternity leave and pay but differs in the amount of time fathers can take off work. Fathers can take one or two weeks of paternity leave, which must be taken in blocks of one or two weeks. This leave can be taken when a couple has a baby or adopts a child.
To be eligible for statutory paternity pay, employees must meet certain criteria. They must have been continuously employed for at least 26 weeks up to the 15th week before the baby's due date, earning an average of at least £123-£125 per week. They must also be the child's father, spouse, civil partner, or partner of the child's mother or primary adopter and must have or expect to have responsibility for the child's upbringing.
The rate of statutory paternity pay is the same as statutory maternity pay, which is currently £151.97 per week, or 90% of the employee's usual weekly wages, whichever is lower. This pay is typically paid at the same time and in the same manner as the recipient's regular salary, with payments made according to the employer's payroll schedule. It is worth noting that some employers offer enhanced paternity leave as a benefit, providing longer periods of time off and/or higher rates of pay.
To claim paternity pay, employees must provide written notification to their employer of their intention to take paternity leave. This should include the intended start date of their leave and pay, and it must be provided no later than the 15th week prior to the expected week of childbirth or within seven days of being notified of a match in the case of adoption. Employees can change the date of their paternity leave by giving their employer 28 days' notice of the new date.
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Shared parental leave
In the UK, parents can take shared parental leave (SPL) in the first year of their child's life. This allows parents to share up to 50 weeks of leave and up to 37 weeks of pay between them. This includes same-sex couples.
To be eligible for SPL, parents must meet certain criteria. For birth parents, the mother must end her maternity leave and pay early to create shared parental leave and pay for the other parent. For adoptive parents, the primary adopter must end their adoption leave and pay early to create shared parental leave and pay for the other parent.
SPL can be taken in blocks separated by periods of work or all at once. Parents must share the pay and leave in the first year after their child is born or placed with their family. Employees must provide written notification to their employer of their intention to take SPL, including the length of leave and the date it will start. This notification must be provided at least 28 days before the leave starts, and the leave must be taken for the purpose of caring for the child or supporting the child's mother or adopter.
While the introduction of SPL in 2015 was welcomed as a positive step towards gender equality, it has been criticised for not achieving this aim due to significant barriers preventing fathers from fully benefiting from the legislation. For example, because mothers are entitled to 52 weeks of maternity leave, the policy requires mothers to determine whether the father can share the leave and how much leave she is willing to give up. This means that fathers have no autonomy or independence to take parental leave at a time that is important for them and their babies. Additionally, the policy and process for SPL have been found to be incredibly complex.
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Paternity leave for same-sex partners
In the UK, same-sex partners are entitled to the same paternity leave rights as heterosexual parents. This includes male same-sex partners, who may take paternity leave and pay.
To qualify for paternity leave, employees must meet certain eligibility criteria. They must have been continuously employed for at least 26 weeks by the end of the qualifying week, which is typically the 15th week before the baby is due. For adoption cases, this is at least 26 weeks ending with the week the adopter is notified of a match. The employee must be the spouse, civil partner, or partner of the child's mother or primary adopter and must have or expect to have responsibility for the child's upbringing. They must also provide written notification to their employer of their intention to take paternity leave, including the length of leave and the date.
Same-sex couples are also entitled to shared parental leave and shared adoption/surrogacy leave. This enables both partners to share time off work following the birth of a child and applies to all children born after 5 April 2015. Couples can decide how to divide the leave, and it can be taken in three separate blocks. Additionally, if one partner returns to work before their leave entitlement ends, the remaining leave can be shared between the couple.
It is important to note that both sexual orientation and gender reassignment are protected characteristics under the Equality Act 2010, making it illegal for employers to discriminate based on these grounds. As a result, same-sex parents are entitled to the same maternity, paternity, and adoption leave rights as heterosexual and cisgender parents.
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Employment rights during paternity leave
In the UK, employees are entitled to take one or two weeks of paternity leave. This applies to both biological fathers and partners of the mother or primary adopter, provided they have or expect to have responsibility for the child's upbringing. To qualify for statutory paternity leave, employees must have been continuously employed for at least 26 weeks up to the qualifying week (the 15th week before the expected week of childbirth or within seven days of being notified of a match in adoption cases).
Employees must notify their employer of their intention to take paternity leave, including the length of leave and the date it will start, no later than the 15th week before the expected childbirth or within seven days of being notified of a match in adoption cases. They can change the date by providing 28 days' notice. During paternity leave, employees' rights are protected, including their right to pay, holidays, and returning to the same job. They are entitled to receive statutory paternity pay, which is either £187.18 per week or 90% of their average weekly earnings, whichever is lower.
Employees can also take shared parental leave, allowing both parents to share up to 50 weeks of leave and 37 weeks of pay. Additionally, parents have the right to take unpaid time off, known as 'ordinary parental leave', and neonatal care leave if their child requires additional care. It is important to note that workers who are not classified as employees may not be entitled to paternity leave but may still be able to make arrangements for time off.
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Frequently asked questions
Paternity leave is a form of planned absence from work, taken by a father when their child is born, so that they can bond with their newborn and take care of them alongside the mother.
In the UK, fathers are entitled to one or two weeks of statutory paternity leave.
To take paternity leave in the UK, employees must have been continuously employed for at least 26 weeks up to the qualifying week (the 15th week before the expected week of childbirth). They must be the child's father, spouse, civil partner, or partner of the child's mother or primary adopter and must have or expect responsibility for the child's upbringing.
You need to notify your employer of your intention to take paternity leave at least 28 days before you take it.
Self-employed fathers are not eligible for statutory paternity leave. However, they may be able to claim Maternity Allowance through Jobcentre Plus and should look into child benefits and family benefits to see if they can claim assistance.
