Paternity Leave
Paternity Leave
Family Matters - Maternity & Parenting Rights
What is Paternity Leave?
The right to paid paternity leave under the Employment Act 2002 is in addition to the 13 unpaid weeks' parental leave entitlement. The entitlement is two weeks paid leave. The leave is paid at the same rate as Statutory Maternity Pay, £123.06 per week from 5th April 2009 (or 90% of the employees average weekly earnings if this is less). An employer is entitled to reclaim Paternity Pay from the government.
When can it be taken, and who can take it?
Leave can be taken in a single block of either one week or two weeks. It can be taken after the birth of a child or the placement of a child for adoption. The leave must be taken within 56 days of the expected week of childbirth or the actual birth, (if this is earlier).
Statutory Paternity Pay and Leave is available to employees whether they are the biological father or the mother's partner or husband, but not the biological father. It applies to same sex couples and civil partners.
Entitlement begins if the baby is born or placed for adoption on or after 6th April 2003.
What requirements are there?
Paternity Leave is available to an employee who has completed a period of at least 26 weeks qualifying service with the same employer, by the 14th week before the child is expected to be born (or is matched in the case of adoption). Additional conditions are that the mother must have given appropriate notification and qualifies for Statutory Maternity Leave.
An employee is entitled to the same job following paternity leave and will be protected from unfair dismissal related to paternity leave.
Employers can reclaim Statutory Paternity Pay in the same way as for Statutory Maternity Pay. If an employer fails to pay Statutory Paternity Pay, the Inland Revenue will become responsible for the payment. This is also the case if the employer becomes insolvent.
They will also be entitled to the benefit of their terms and conditions and a right to return to the same job.
For more information, please refer to the DirectGov website; Work & Families section.
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