Providing paternity leave and pay 

 

  • New fathers have a right to two weeks paid paternity leave.
  • Statutory Paternity Leave is up to two weeks’ leave, following the birth of a child.
  • Statutory Paternity Leave can be taken to attend the birth of a child.
  • Statutory Paternity Leave can also be taken when a child is adopted.
  • Statutory Paternity Pay is up to two weeks’ pay during the period of Statutory Paternity Leave.
  • When a child is born, Statutory Paternity Leave and Statutory Paternity Pay can be taken by the biological father, the mother’s husband, the mother’s partner, or the mother’s same sex partner.  They must meet certain eligibility requirements.
  • Statutory Paternity Pay is paid by the employer and reimbursed by HM Revenue and Customs.
  • An employee has the right to return to exactly the same job on the same terms and conditions after Statutory Paternity Leave.
  • An employer must not subject an employee to a detriment or dismiss an employee for a reason relating to Statutory Paternity Leave.
  • Employers may offer more generous provision than the legal minimum.

On this page

 

Leave

Statutory Paternity Leave is a maximum of two weeks’ leave, following the birth of a child, taken in order to support the mother or care for the new child. It can be taken as a single week or two consecutive weeks. It cannot be taken as odd days or as two separate weeks.

Statutory Paternity Leave must be taken within 56 days of the birth. If the baby is born earlier than expected, it must be taken within 56 days from the date the baby was due.


Back to top^  

Eligibility

Statutory Paternity Leave can be taken by the biological father, the mother’s husband, the mother’s partner or the mother’s same sex partner. They must have or expect to have responsibility for the child’s upbringing.

He or she must be an employee and have worked for the same employer for at least 26 weeks by the end of the 15th week before the EWC. He or she must be employed by the same employer immediately before the birth. 


Back to top^  

Statutory Paternity Pay (SPP)

SPP is paid at a fixed rate of £112.75 per week or 90% of average earnings if that is less. It is paid less tax and National Insurance contributions in the normal way.

To receive SPP an employee must be eligible for Statutory Paternity Leave and have earned at least £87 per week on average. Average earnings are calculated over a period of at least eight weeks up to and including the last normal pay day during or before the 15th week before the EWC.


Back to top^  

Notice

The employee must give his or her employer notice of his or her intention to take Statutory Paternity Leave at the latest during the 15th week before the EWC. If he or she is also eligible to receive Statutory Paternity Pay, notice for leave can also be taken by the employer as notice for pay.  He or she must notify their employer of the EWC, whether they wish to take one or two week’s leave and when they wish their leave to start. The notification must be in writing if the employer requests it in writing.

In order to claim Statutory Paternity Pay, an employee must give their employer a declaration of their entitlement. This can be given in the form of a self-certificate. A model self-certificate can be obtained from HM Revenue and Customs. Employers can also request a completed self-certificate as evidence of entitlement to Statutory Paternity Leave but they are not obliged to do so.

To claim Statutory Paternity Pay, the self-certificate must be given to the employer at least 28 days in advance of the date the employee would like his or her pay to start, or as soon as reasonably practicable thereafter.

The employee should also let their employer know the actual date of the child’s birth.


Back to top^  

Entitlements During Statutory Paternity Leave

During Statutory Paternity Leave, an employee is entitled to all of their normal contractual terms and conditions as if they were not absent, apart from basic wages and salary. Normally, an employee will receive Statutory Paternity Pay during this period instead.


Back to top^  

Right to Return

An employee has the right to return to exactly the same job, on the same terms and conditions after Statutory Paternity Leave. The employee is also entitled to benefit from any general improvements to the rate of pay or other terms and conditions introduced while he or she was away.


Back to top^  

Protection for Employees

Employers must not subject their employees to unfair treatment or dismiss an employee for a reason relating to Statutory Paternity Leave.


Back to top^  

Relevant Legislation

  • Employment Rights Act 1996
  • Employment Act 2002
  • Work and Families Act 2006
  • Paternity and Adoption Leave Regulations 2002
  • Maternity and Parental Leave etc and the Paternity and Adoption Leave (Amendment) Regulations 2006
  • Statutory Paternity Pay and Statutory Adoption Pay (General) Regulations 2002
  • Statutory Maternity Pay, Social Security (Maternity Allowance) and Social Security (Overlapping Benefits)  (Amendment)

Please note that some of the legislation listed above has been amended since it originally came into force.  You must ensure, therefore, that you refer to the most recent version.


Back to top^