Paternity Leave

Entitlement to Paternity Leave

This new family friendly policy applies to children born on or after 6th April 2003. It also applies to children born earlier than that where their expected week of birth begins on or after 6th April 2003. There are also provisions to apply the rules to adopted children.

The qualifying period of employment before entitlement to paternity leave. Calculate the 14th week before the expected week of the child. The person must have been an employee in continuous employment for a period not less than 26 weeks ending with the week immediately preceding that week.

The person must have, or expect to have, responsibility for the upbringing of the child.

The person must be the biological father of the child, or a spouse, or partner of the child's mother. Partner is defined as 'A person (whether a different sex or the same sex) who lives with the mother, or a doctor in an enduring family relationship but is not a blood relative'. It is therefore possible for a woman to take paternity leave! 'Enduring family relationship' is not defined.

The employee needs to provide the employer with certain information by way of proof of entitlement, on or before the 15th week before the expected week of the child's birth, or as soon as reasonably practicable, if that is not possible.

The information must state when the period of leave is to begin within certain defined choices and this may be changed, generally on 28 days notice, as circumstances develop.

The leave is either one or two consecutive weeks leave and must be taken during the period of 56 days beginning with the birth date, or the first day of the expected week of the birth date.

The employee continues to be bound by the contract of employment e.g. confidentiality, non-competition etc. so far as not inconsistent with being absent on paternity leave.

The employee may return to his previous job with all benefits unchanged as if he had not been absent.

Dismissal for reasons related to paternity leave will, generally, be automatically unfair.

Statutory Paternity Pay ('SPP') is administered in the same way as Statutory Maternity Pay and the employee is entitled to £100, or 90% of his normal weekly earnings if lower. It is the employer's responsibility to decide whether SPP is payable. If the employer decides not to pay, there is a time limit for reasons to be given.

Disputes may be referred to the Inland Revenue in certain circumstances.

Related topics you may find useful:

Family friendly rights
Flexible working

Call Michael Breeze on 07900 195 195 or call 0845 270 2511 to set up an appointment