Entitlements during Paternity Leave and returning to work

You get the same employment rights and benefits, except wages, during your Paternity Leave. You can get Statutory Paternity Pay. You return to the same job after Paternity Leave. Your employer mustn't treat you unfairly or sack you for taking or asking to take Paternity Leave.

Statutory Paternity Pay

If you're employed, you can get Statutory Paternity Pay for one or two consecutive weeks. Your employer is responsible for paying your Paternity Pay. 

Shared Parental Leave

If you're employed and have a baby or adopt a child, you might be entitled to Shared Parental Leave with your partner during the child's first year. 

Your entitlement to paid holidays

You continue building your entitlement to paid holiday during Paternity Leave. You cannot take annual leave during Paternity Leave.  But you might be able to extend your time off by taking annual leave immediately before or after Paternity Leave.

Your pension contributions

If your employer contributes to an occupational pension scheme they must continue their usual contributions for the whole time you're on paid paternity leave.

If you normally make contributions to your pension ,you should continue paying, based on how much Paternity Pay you're getting.

Returning to the same job

After your Paternity Leave, you have the right to return to the same job, employment terms and conditions as if you hadn't been away.

If redundancy arises while you are on Paternity Leave, you should be treated the same as any other employee. This includes being consulted about the redundancy and being considered for other jobs.

You are also entitled to benefit from any general improvements to the rate of pay or other terms and conditions introduced while you were away.

It is unlawful for your employer to dismiss you or treat you unfairly because you took Paternity Leave or asked to take Paternity Leave.

If you don't want to return to work, you should give the notice outlined in your employment contract. You don't have to repay Statutory Paternity Pay if you don't return to work.

Taking parental leave after Paternity Leave

If you need more time off to look after your child, you might be able to take parental leave.

You can take some parental leave without impacting your right to return to work. If you take more than that amount you will be able to return to the same job unless this isn't practical. 

If this happens, your employer must offer you alternative work that is suitable to you and with terms and conditions as if you hadn’t been absent.

Flexible working

All employees who have been working continuously for 26 weeks are entitled to request a flexible working pattern. This can help you balance work with caring for your child. Your employer must consider your request and respond to you in writing.

If it's difficult to take Paternity Leave

If there is a difficulty taking Paternity Leave or when you return to work, talk to your employer. If this doesn't help, you might need to complain using your employer’s grievance procedure.

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