Checklist for managing same-sex partners 

 

This checklist is a brief list of rights and actions for same-sex partners who are parents or about to become parents, other than birth mothers.  Birth mothers should use the ‘Checklist for managing pregnant women and new mothers’.

Employees must satisfy the eligibility criteria in relation to each of the rights.  Not every employee is entitled to Statutory Paternity Leave or Statutory Paternity Pay.  We recommend that you read the relevant sections of the toolkit for more information.

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During pregnancy

  • The employee is to give the employer notice of his or her intention to take Statutory Paternity Leave by the end of the 15th week before the expected week of childbirth (EWC)
  • If the employee is claiming Statutory Paternity Pay, he or she is to provide the employer with a completed self-certificate.
  • The employee is to give at least 28 days’ notice of the date he or she would like Statutory Paternity Pay to start.
  • The employee may be entitled to contractual paternity pay and leave.


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Employee on paternity leave

An employer can recover either 92% or 104.5% of Statutory Paternity Pay from HM Revenue and Customs.  Advance payment may also be available.


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After the birth

  • After returning from Statutory Paternity Leave, the employee has the right to return to exactly the same job on the same terms and conditions.
  • The employee may be entitled to request flexible working.
  • The employee may be entitled to take sick leave, Parental Leave and Time Off For Dependants.


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