What are your rights regarding paternity leave, and how long can you take off work?
If you need clear answers to start planning your leave, this article has you covered with straightforward guidance on claiming paternity leave and understanding pay, duration, and essential steps to secure your time with your new child.
Key Takeaways
- Eligible fathers and partners can take up to two consecutive weeks of statutory paternity leave within 56 days of birth or adoption to bond with their new child, keeping their employment rights intact, including continuation of salary and job position.
- To qualify for statutory paternity leave, an individual must have been continuously employed for at least 26 weeks by the ‘qualifying week’ and meet certain relationship criteria with the child; similarly, statutory paternity pay is calculated based on average weekly earnings and is taxable.
- Alternatives to statutory paternity leave include shared parental leave and unpaid parental leave, with protection of rights and leave entitlements for non-traditional families, such as adoption, surrogacy, and same-sex couples.
Table of Contents
Understanding Statutory Paternity Leave
Statutory paternity leave is a provision aimed at nurturing the vital bond between parents and their newborn or adopted child. This provision allows eligible fathers and partners to take one or two consecutive weeks off to spend time with their new child, ensuring that they can be there for those first precious moments without the worry of work commitments.
The underlying objective of statutory paternity leave is to enable fathers and partners to participate actively in their child’s early life, thus fostering a balanced distribution of family duties.
Duration and Timing of Leave
To provide flexibility while ensuring a concentrated time for bonding, statutory paternity leave can be taken as either one or two consecutive weeks. Bear in mind that this leave cannot commence prior to your child’s birth and must be availed within 56 days after the birth.
But what if the baby arrives earlier than expected or requires hospital care? In these instances, paternity leave can be taken within eight weeks of the actual birth date, potentially starting once the baby leaves the hospital. Such flexibility guarantees your presence during your child’s most crucial moments.
Rights During Leave
Taking time off for paternity leave does not mean forfeiting your rights as an employee. During your leave, you continue to have the same employment rights as you do during regular employment. This includes:
- Any pay rises that occur during your leave
- The right to return to the same or an equivalent position after your leave
- Your holiday entitlement continues to accumulate as normal during your leave.
If you feel that you’ve been unfairly dismissed or discriminated against due to taking or intending to take paternity leave, you have the right to appeal to an employment tribunal. For added flexibility, Keeping in Touch (KIT) days are accessible, permitting you to work for up to 10 days during your leave, should you choose to do so.
Qualifying for Statutory Paternity Leave
Paternity leave isn’t a universal right for all employees; specific eligibility conditions must be satisfied. Firstly, you must have been continuously employed by your employer for at least 26 weeks by the end of the ‘qualifying week’, which is 15 weeks before the expected week of childbirth. Be aware that self-employed fathers do not qualify for statutory paternity leave or pay in the UK.
Eligible individuals for paternity leave include:
- The biological father
- The partner or spouse of the child’s birth mother
- Both members of a couple involved in a surrogacy arrangement, provided they bear the responsibility for the child’s upbringing.
Employment Status Requirements
When it comes to employment status, there are specific requirements that need to be met to qualify for paternity leave, including statutory paternity leave. One must be an employee and have maintained continuous employment with the same employer for a minimum of 26 weeks up to any day in the ‘qualifying week’.
For intended parents in a surrogacy arrangement, they must be legally classed as an employee or work through an agency and meet the same continuous employment requirement. The ‘qualifying week’ for paternity pay eligibility in the case of surrogacy is 15 weeks before the baby is expected to be born.
Relationship to the Child
In addition to employment status, your relationship with the child is crucial in determining your eligibility for paternity leave. The legislation extends beyond biological fathers, encompassing the husband or partner of the pregnant woman, thus ensuring inclusivity. Adoptive parents are also included in the provision, with specific criteria that must be satisfied.
Only one partner can take Statutory Paternity Leave, and this partner must be the spouse, civil partner, or partner of the primary adopter of the child. For individuals in a surrogacy arrangement, the intended parent who is not taking adoption leave is eligible, provided they will apply for a parental order and meet other eligibility criteria.
The Ins and Outs of Statutory Paternity Pay
While paternity leave offers you time away to bond with your new child, it’s also crucial to comprehend the financial implications. Statutory Paternity Pay is a provision that offers financial support during this period. To qualify, you must have paid National Insurance through PAYE for at least 26 weeks and meet all other conditions of entitlement, including earning, on average, at least the lower earnings limit of £123 for the tax year 2023 to 2024.
Even if you were furloughed under the Coronavirus Job Retention Scheme and your weekly earnings averaged £123 or above, your eligibility for Statutory Paternity Pay remains intact.
Calculation of Pay Rates
Calculating your Statutory Paternity Pay might seem complex, but it’s based on a straightforward formula. Your pay is calculated over a ‘relevant period’, typically the eight weeks leading up to the ‘qualifying week’. The Average Weekly Earnings (AWE) are calculated by dividing your total earnings paid during the relevant period by the number of days, weeks, or months in that period.
Statutory Paternity Pay is then calculated based on the lower of two figures: the weekly flat rate of £172.48 (from April 5, 2023) or 90% of your AWE. It’s important to note that if you’re engaged in a salary sacrifice scheme, your AWE is based on the reduced earnings received after the sacrifice. This calculation method is similar to that of statutory maternity pay.
Tax and Deductions
Statutory Paternity Pay is taxable and subject to National Insurance contributions, like your regular income. These deductions are made when your pay is processed during the leave period, ensuring you don’t have to worry about making these payments yourself.
Steps to Claim Statutory Paternity Pay
Claiming your Statutory Paternity Pay should be done in steps. To begin, you need to give notice to your employer by the end of the 15th week before the baby is due, using form SC3 or your employer’s own version.
If you can’t give notice on time for some reason, it’s important to discuss the reasons with your employer and provide the notice as soon as possible without further delay.
Employer Notice Requirements
When giving notice to your employer, certain requirements must be met:
- Notice must be given by the 15th week before the baby’s due date
- You need to specify the due date, the desired start date for paternity leave and pay, and whether you’re taking one or two weeks of leave
- In order to change the start date of your paternity leave, it is necessary to provide your employer with at least 28 days’ notice of the new date
This will ensure that proper arrangements can be made.
For surrogacy arrangements, you need to give notice to your employer at least 15 weeks before the baby’s due date, and inform your employer of the birth as soon as possible after it occurs.
Documentation and Employer Requests
In addition to giving notice, you may also need to provide certain documentation to your employer. To formally claim statutory paternity pay, you must complete an online form, known as form SC3, or use a specific form provided by your employer if available. For those adopting, you must provide proof of adoption, such as a letter from the adoption agency or the matching certificate.
For surrogacy arrangements, a ‘statutory declaration’ can be used as documentation confirming your intention to apply for a parental order.
Alternatives and Additional Options
While statutory paternity leave is a common choice, there are alternative forms of leave available to new parents. These include shared parental leave and unpaid parental leave, which provide different options depending on your individual circumstances and needs. In some cases, unpaid leave might be suitable for those requiring more flexibility.
Comprehending these alternatives is vital for making a knowledgeable decision about the leave type that best suits you and your family.
Shared Parental Leave
One alternative to statutory paternity leave is Shared Parental Leave. This provision enables parents to share up to 50 weeks of leave and 37 weeks of pay, offering greater flexibility for couples.
It’s important to note that the partner of a self-employed father may still be eligible for shared parental leave if they are entitled to maternity leave. Same-sex couples are also eligible, sharing the same entitlement of up to 50 weeks of leave and 37 weeks of pay.
Unpaid Parental Leave
Another alternative is Unpaid Parental Leave. This provision allows employees who have been with their company for over a year to take up to 18 weeks of leave for each child until the child’s 18th birthday. While this leave is unpaid, it provides greater flexibility for parents, particularly those who wish to take extended time off to care for their children.
Adoption Leave and Pay
For those who are adopting, you are entitled to up to 52 weeks of adoption leave and up to 39 weeks of statutory adoption pay. During the first six weeks of adoption leave, statutory adoption pay amounts to 90% of the adopter’s average gross weekly earnings. Employees are also permitted time off to attend two adoption appointments after being matched with a child.
Surrogacy and Same-Sex Couples
In the case of surrogacy arrangements, the intended parent who is not taking adoption leave is eligible for Statutory Paternity Leave, providing that one of the parents is the child’s biological parent and that either the biological parent or their spouse, partner or civil partner has the main responsibility for the child’s care.
Same-sex partners, including those who are not the biological parents, have the right to paternity leave and pay equivalent to that which birth fathers are entitled to.
Navigating Workplace Policies and Legal Protections
Knowing your rights is one aspect, but manoeuvring through workplace policies to affirm these rights is a different challenge. Before notifying your employer about paternity leave, it’s necessary to comprehend your legal rights and the company’s policy on paternity leave. Some employers may offer a company paternity scheme that provides more than the statutory amount, but they cannot offer less.
If you face discrimination during the paternity leave process, you can seek support from employment solicitors specialising in maternity and paternity rights.
Flexible Working Patterns
All employees with a minimum of 26 weeks of employment have the legal right to request alterations to their work schedule or location. On receiving a flexible working request, employers are required to consider the request and are only permitted to refuse them based on specific business reasons.
If an employer refuses a flexible working request, they must provide a solid reason, and many offer a chance to appeal even though there’s no legal right to it.
Dealing with Challenges
If you encounter discrimination or hurdles during paternity leave, it’s important that you don’t endure in silence. Legal protections are in place and professionals who can provide the support you need.
Consulting an experienced employment solicitor can aid in navigating legal complexities and protecting your rights in paternity leave disputes.
Preparing for Paternity Leave
Now that you understand your rights and entitlements, it’s time to prepare for your paternity leave. This involves communicating with your employer, understanding your workplace policies, and planning for your work responsibilities during your absence.
Communicating with Your Employer
Productive dialogue with your employer is fundamental for a seamless transition into paternity leave. It’s crucial to:
- Provide notice to your employer as early as possible
- Detail your plan for paternity leave
- Propose how your responsibilities will be managed during your absence.
It’s also beneficial to present your employer with multiple flexible working scenarios to increase the chance of approval for your proposed arrangements.
Planning Financially
Financial planning is a crucial component of preparing for paternity leave. Review and understand the details of your paternity pay package and any additional benefits provided by your employer. Consider saving up annual leave days before the birth to extend paternity leave with full pay if your employer’s policies permit this.
Create a budget that accounts for reduced income during paternity leave and identifies all essential monthly expenses.
Automating Leave Management with Factorial
The easiest way to manage statutory leave requests is by using the right tools and software. This can help you streamline the process so that time-off requests can be easily submitted and approved in line with employee schedules and your anticipated workload.
With Factorial’s time off management software, you can create your time-off policy directly on the platform so that your staff can access it at all times. That way, your employees know exactly what they need to do when they want to request days off.
They can submit a request through the employee portal, which gets sent directly to the right person for approval.
Using Factorial, you can:
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- Automate holiday requests.
- See holiday days and absences accrued, used, and remaining.
- Use the calendar to review upcoming employee absences with ease.
- View all upcoming paternity leave, sick leave, holiday days, and other types of leave at a glance.
- Track time off to make sure each team is staffed efficiently.
Frequently Asked Questions
How much paternity leave do fathers get?
Fathers are entitled to 1 or 2 weeks of paternity leave when they have a baby or adopt a child, and it must be taken in a block of time. This period of time remains the same regardless of how many children the father has at one time, such as twins or triplets.”
Is paternity leave 2 weeks or 14 days?
Paternity leave can be either one or two weeks, with the option to choose between the two durations. The specific length of the leave is based on the employee’s eligibility and may be stated in their contract.
Is paternity leave at full pay?
Paternity leave is often paid at the statutory rate, with some employers offering full pay. Statutory Paternity Pay can be 90% of the average weekly earnings for two consecutive weeks. It is important to check with your employer for details on the paternity leave pay policy.
What is the meaning of paternity leave?
Paternity leave is a period of leave taken by a father following the birth of his child, allowing him to spend time with the new baby and support his partner. In some countries, there are legal entitlements and financial incentives for fathers to take this leave.
What is the purpose of statutory paternity leave?
The purpose of statutory paternity leave is to allow fathers and partners to bond with their new child and be present for important early moments without the burden of work commitments. This allows for crucial bonding time.
Does shared parental leave affect paternity leave?
Paternity leave and Shared Parental Leave are distinct entitlements. If you are eligible for both, you can take both types of leave consecutively but not simultaneously.
Can my employer refuse paternity leave?
Your employer must legally grant you paternity leave as long as you qualify. If they don’t, you can submit a written grievance.
When can an employer refuse shared parental leave?
Shared Parental Leave is a statutory right, meaning your employer cannot refuse you unless you’re ineligible, attempt to take SPL in a manner not allowed by the scheme, or submit various leave periods within the same notice.
What happens if my paternity leave falls on a bank holiday?
Any bank holiday that falls within SSP should be given as a day off in lieu.
