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Paternity

This guide sets out the statutory rights to paternity leave and paternity pay. It is important to note that some organisations may provide benefits over and above the statutory entitlements.

Please note that important changes to the paternity leave regime will come into force on 8 March 2024 and will apply to babies with an EWB (Expected Week of Birth) or EWP (Expected Week of Placement) for adoption leave after 06 April 2024. These changes are detailed in the relevant sections below. 

Click here to view our model policy.

Definitions

Qualifying week (QW)

In relation to the birth of a child, this is the 15th week before the expected week of childbirth. In relation to the adoption of a child, this is the week when the adopter is notified by the adoption agency that a child has been matched to them or the date on which the child enters the UK in overseas adoptions.

Expected week of childbirth (EWC)

This is the week in which, as notified to the employee by the doctor or midwife, the baby is due. A week starts on a Sunday.

Expected date of placement (EPD)

This is the date that the agency expects that it will place a child in adopter's care for adoption.

Partner

The partner includes a civil partner or someone who lives with the child’s mother or adopter in an enduring family relationship but who is not immediate family.

Relevant period

In the case of birth, this is the eight week period immediately before the 14th week before the EWC. In the case of adoption, this is the eight week period immediately before the week in which the match was notified or the child entered the UK.

Paternity leave (OPL)

Ordinary paternity leave is an entitlement to one or two weeks’ paternity leave for eligible employees. An employee can choose to take either one week’s paternity leave or an uninterrupted period of two weeks’ paternity leave but cannot take part weeks.

Between 2011 and 2015 it was possible in some cases to take up to 26 weeks Additional Paternity Leave. However, this scheme had a low take-up rate and was replaced in 2015 by the system of Shared Parental Leave (SPL). 

Note that from 8 March 2024 (where the EWB falls on of after 6 April 2024) an employee will be able to take ordinary paternity leave as two 1-week non-consecutive periods, rather than a single uninterrupted block of one week or two weeks).

Eligibility

An employee will be eligible for ordinary paternity leave if:

  • they have 26 weeks’ continuous service by the end of the QW; and
  • the employee is either the child’s father or the spouse/partner of the child’s mother in relation to a birth; in relation to an adoption the employee is either the spouse or partner of the child’s adopter (in joint adoptions the employee is the adopter not taking maternity leave); and
  • apart from the child’s mother or adopter, expects to have the main responsibility for the child’s upbringing unless he is the child’s father in which case he is expected to have responsibility for the child’s upbringing.
  • they have not already taken a period of Shared Parental Leave in relation to the same child. An employee wishes to take SPL should use up their Paternity leave and pay entitlement first. 

In relation to the birth of the child, the employee must be taking time off either to care for the child or to support the child’s mother.

However in order to qualify for leave the employee will still have to comply with the notification process.

Notification

The employee must provide the employer with written notification of their intention to take paternity leave and whether they wish to take one or two week's leave. For paternity leave following childbirth, the notification should also state the EWC and for paternity leave following adoption, the notification should state the date the match was notified and the EPD. In both cases the employee must specify when they wish their leave to commence.

For childbirth related paternity leave, the notice must be provided in or before the QW (15 weeks before the expected date of the Expected Week of Birth/EWB). For adoption related paternity leave, the notice must be provided within seven days of the agency notifying the adoption match.

Note that from 8 March 2024 (where the EWB falls on of after 6 April 2024) the notice period the employee is required to give will be shortened to 28 days rather than 15 weeks. If leave is taken as two 1-week non-consecutive periods, 28 days notice must be given of each period of leave. The notice period in adoption cases remains 7 days. 

An employer can require an employee to confirm in writing that they are taking the leave to care for the child or support the child’s mother or adopter.

The employee must notify the employer of the date of childbirth or date of the child’s placement, as appropriate, as soon as reasonable practicable after the event.

The HMRC have produced forms where the leave is in relation to childbirth and where the leave is in relation to adoption which can be used by the employee to provide the appropriate notification.

When can the leave start?

Subject to the leave having to be taken within 56 days (8 weeks) of the child’s date of birth or placement, the employee can select to start the leave:

  • on the date of the child’s birth or placement; or
  • on a specified number of days after the child’s birth or placement; or
  • on a specified date.

The start date can also be varied by the employee giving the employer at least 28 days notice prior to the new start date unless this is not possible, in which case the employee should provide this information as soon as is reasonably practicable.

The start date must be varied if the employee has specified a particular date to take ordinary paternity leave but the child has not been born or adopted by that date.

Note that from 8 March 2024 (where the EWB falls on of after 6 April 2024) employees will be able to take leave within the first year after birth or adoption, rather than the previous cut-off period of 56 days/8 weeks). 

Terms and conditions

Other than pay, an employee on ordinary paternity leave remains entitled to their terms and conditions and remains bound by their contract of employment. If the employee receives paternity pay, then for pension purposes they must be treated as if they are not away and instead were receiving their normal pay. If an employee is required to make pension contributions these however must only be based on the paternity pay that the employee is receiving.

Statutory paternity pay

The employee may be entitled to statutory paternity pay if the employee has complied with the notification requirements and during the relevant period their average weekly earnings are not below the lower earnings limit set by the Government. The employee must give the employer 28 days notice of their intention to claim statutory paternity pay, or as much notice as possible if this is not practical. Statutory paternity pay is paid at the same flat rate as statutory maternity pay or 90% of the employee’s normal weekly earnings, whichever is the lower. The current rates can be found on the HMRC website.

Return to work

An employee who has exercised their right to take paternity leave usually has the right to return to the same job they were employed to do, immediately before taking the leave. This is always the case where the paternity leave is an isolated period or periods of leave, and no other type of leave has been taken.

If, in addition to paternity leave, the employee also takes parental leave, they retain the right to return to the same job provided that the period of parental leave is 4 weeks or less. 

If in addition to paternity leave the employee takes Shared Parental Leave, the employee retains the right to return to the same job if the paternity leave and SPL combined total 26 weeks or less. Any parental leave taken does not count towards this 26 week limit. 

if these thresholds are exceeded, and it is not 'reasonably practicable' for the employee to return to the job they were doing before paternity leave, the employer is entitled to propose an alternative job which is both suitable for them and appropriate for them to do in the circumstances.