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Paternity Leave and Pay

There are statutory provisions already in place for Paternity Leave which provide fathers with a statutory right to 2 weeks paternity leave with SPP.

Who is Eligible?

Employees must satisfy the following conditions in order to qualify for paternity leave. They must: 

• have or expect to have responsibility for the child’s upbringing
• be the biological father of the child or the mother’s husband or partner
• have worked continuously for their employer for 26 weeks ending with the 15th week  before the baby is due.

Employers can ask their employees to provide a self-certificate as evidence that they meet these eligibility conditions.

It is worth noting that paternity leave can be taken by women in same sex relationships or who have adopted and are assuming the secondary carer role.

Length of paternity leave

Eligible employees can choose to take either one week or two consecutive weeks’ paternity leave (not odd days).  They can choose to start their leave:

• from the date of the child’s birth (whether this is earlier or later than expected), or
• from a chosen number of days or weeks after the date of the child’s birth (whether this is earlier or later than expected), or
• from a chosen date later than the first day of the week in which the baby is expected to be born.
• Leave can start on any day of the week on or following the child’s birth but must be completed:
• within 56 days of the actual date of birth of the child, or
• if the child is born early, within the period from the actual date of birth up to 56 days after the first day of the expected week of birth.  

Only one period of leave is available to employees irrespective of whether more than one child is born as the result of the same pregnancy.

The Procedure

Employees must inform their employers of their intention to take paternity leave by the end of the  15th week before the baby is expected, unless this is not reasonably practicable. They must tell their employers:

• the week the baby is due
• whether they wish to take one or two weeks’ leave
• when they want their leave to start.

Employees can change their mind about the date on which they want their leave to start providing they tell their employer at least 28 days in advance (unless this is not reasonably practicable). 

Employees must tell their employers the date they expect any payments of SPP to start at least 28 days in advance, unless this is not reasonably practicable.

What’s coming

New Proposals being considered would introduce an entitlement to Additional Paternity Leave (APL) and Pay for employed fathers and the partners of adopters.   However, these proposals were received by the business community less than enthusiastically and have been delayed.

The changes would give the fathers leave and pay to care for the child in the first year of its life and allow both partners to share care more effectively.  Proposals include:

• That he must be the father, or married to, or the partner of the mother (including civil partner) and have responsibility for the upbringing of the child;

• That the father/partner must have the requisite six months qualifying period of continuous employment with the employer at the 15th week before the week in which the baby is due, or

• One years’ qualifying period of continuous employment with the employer at the 15th week before the week in which the baby is due;

• Up to 26 weeks of absence to care for a child in addition to the current Paternity Leave of two weeks within 8 weeks following the birth or placement of a child.

• That the mother must have returned to work and have some of her entitlement to SMP, MA or SAP remaining at the time of her return in order that the father/partner may qualify for leave and pay.  It is not the Government’s intention that both parents be out of the workplace at the same time;

• That leave must be taken in one continuous block;

• It is anticipated that the first six month period of leave will be reserved for the mother.  Therefore the father may not commence a period of APL and Pay before the child is 20 weeks old.

• That the father/partner must have satisfied the average earnings requirement over the LEL in the 8 weeks up to and including the  15th week before the week in which the baby is due;

• Arrangements that allow both parents to take up to six months each paid leave with the child, i.e. an equal share and responsibility for care;

• ‘Keeping in Touch’ days will enable fathers to work for a limited numbers of days during periods of maternity/adoption leave without the loss of statutory pay for that week and without ending their period of leave.

There remain some tricky issues around how the scheme will be administered, what evidence is required of entitlement and from whom.  And what rights will be protected during the period of absence, if any?

Evidence is likely to include:

• the baby’s birth certificate or evidence of adoption; AND
• evidence of the mother’s or adopters entitlement to leave and pay; AND
• evidence of the mother’s intended return to work date; AND
• Details of how much of the mother’s entitlement remains outstanding at her return to work date.

The current requirement for Ordinary Paternity Leave (OPL) is for fathers to self certify.  For APL the preferred option in the proposals is for the mother’s employer to be charged with providing evidence of the mother’s entitlement directly to the father’s employer to minimise the risk of fraud.

Further information can be found by clicking here.