Paternity rights
Paternity rights
Paternity leave is paid or unpaid time off work to care for a child or make arrangements for a child’s welfare. This leave is separate from your normal holiday allowance.
Most employees whose wife or partner has given birth, or who have adopted a child, are legally entitled to take one or two weeks’ paid paternity leave: this is statutory paternity leave. If your partner has a multiple birth, you’re only allowed one statutory paternity leave period. You can’t take odd days off – the entire one or two weeks must be taken in one period.
Some employers have their own paternity leave arrangements, which are normally included in your employment contract. You can always choose statutory paternity leave if this suits you better.
You are also entitled to parental leave.
How much is statutory paternity pay?
If you earn at least the lower earnings limit (LEL) for National Insurance contributions (currently £95 a week), in most cases you will be entitled to statutory paternity pay (SPP) for one or two consecutive weeks. The current rate is £123.06 per week or 90% of your average weekly earnings (whichever is less).
Your employer will pay SPP in the way they normally pay your wages, including deduction of tax and National Insurance. If you have more than one job, you may be able to get SPP from each employer.
Who qualifies for paternity leave?
You must be the biological father of the child, the mother’s husband or partner, or the child’s adopter or partner of the adopter. You must be an employee and have worked for your employer for at least 26 weeks by the end of the 15th week before your baby is due (or the end of the week when you’re notified that you’ve been matched with your child).
So, for example, if the end of the 15th week before your due date fell on, say, 29 August, your employment start date must have been at least 26 weeks prior to that in order for you to qualify – in this example, 28 February.
If you earn less than the LEL, you have the right to unpaid paternity leave (if you meet the other conditions) and you might be entitled to income support during paternity leave. If you’re an agency worker, office holder or subcontractor (rather than an employee), you won’t normally have the right to paternity leave.
You can still take paternity leave if the child is stillborn after 24 weeks of pregnancy or is born alive at any point of the pregnancy.
When does paternity leave start?
Paternity leave can start:
- On the day the baby is born
- A number of days or weeks after the baby is born, specified by you
- A number of days, specified by you, following the first day of the week your baby is expected
You can start paternity leave after a period of parental leave has ended.
When does paternity leave end?
Your paternity leave must be completed within 56 days of the date your child is born. If your baby is born before the week it was due, leave must finish within 56 days of the first day of that week.
What can be done if an employer doesn’t uphold these rights?
If your employer decides not to pay you SPP, or you think you’re not getting the right amount, you should discuss this with them first. If you still disagree, you can contact the HM Revenue and Customs employees enquiry line on 0845 302 1479 for advice.