If your partner is pregnant, adopting a child or having a baby through a surrogate mother, you might be eligible for Paternity Leave. You could also qualify for Statutory Paternity Pay.
Company paternity leave schemes
Some employers have their own paternity leave arrangements which are more generous than the statutory entitlement. These will normally be included in your employment contract. You can use statutory leave if this suits you better and you qualify for it.
Time off for antenatal appointments
Expectant fathers and partners, including same sex partners, have the right to unpaid leave to accompany expectant mothers to two antenatal appointments. The time off is capped at six and a half hours for each appointment. There is no qualifying period for an employee to have this right.
A “partner” includes the spouse or civil partner of the pregnant woman and a person, of either sex, in a long term relationship with her. The right applies whether the child is conceived naturally or through donor insemination.
You also have the right if you will become a parent through a surrogacy and are eligible to apply for a Parental Order for the child born through this surrogacy.
Paternity leave entitlement
To qualify for paternity leave, you must be an employee. You must use the time off to support the mother or care for the baby and be very involved in their upbringing. Paternity leave rights are extra to your holiday allowance. However, you cannot take paternity leave if you have first taken shared parental leave.
To qualify for paternity leave, you must be working with your employer for at least 26 weeks by:
- the end of the 15th week before the start of the week when the baby is due
- the end of the week you are notified you are matched with your child
You must also be one of the following:
- the child's biological father
- mother or adopter's husband or partner (including same-sex)
- child's adopter
- intended parent of a baby from a surrogacy
If you're a worker, you don't qualify for paternity leave but may qualify for statutory Paternity Pay.
If you're an agency worker, office holder or subcontractor, you will not normally have the right to paternity leave. But you might be eligible for statutory Paternity Pay.
Statutory Paternity Pay
Statutory Paternity Pay is paid for up to two consecutive weeks, depending on how long you choose to take paternity leave. To read more, go to:
If you don't qualify for paternity leave
If you don't qualify for paternity leave, your employer might give you some time off or you could take paid holiday.
If you qualify for paternity leave but not statutory Paternity Pay, you may qualify for Income Support while on paternity leave.
Length of paternity leave
As long as you meet certain conditions, you can take either one or two weeks' Paternity Leave. You can't take odd days off. If you take two weeks, you must take consecutive weeks.
A week is based on your usual working pattern. If you only work Mondays and Tuesdays, a week would be two days. If you work Monday to Friday, a week would be five days.
Taking paternity leave
To qualify for paternity leave, you must tell your employer:
- when the baby is due or when the child is expected to be placed with you for adoption
- whether you want one or two weeks' paternity leave
- when you want your paternity leave to start
You must give your employer the right amount of notice. You should tell them in writing:
- at least 15 weeks before the beginning of the week when the baby's due
- within seven days of being told by the adoption agency that you have been matched with a child
Applying for Statutory Paternity Pay and Leave
To apply for your Paternity Pay and Leave from your employer, you can use the right form:
Starting paternity leave
Your paternity leave can start on any day of the week (but not before the baby is born). It has to finish within 56 days of the baby's birth. If the baby is born before the week it was due, it must finish within 56 days of the first day of that week. You can start paternity leave after a period of parental leave has ended.
If your partner has a multiple birth, you are only allowed one period of paternity leave.
You should tell your employer the date of the birth or actual date of adoption placement in writing if your employer requests it. You don't need to give your employer any medical evidence of the pregnancy or birth to claim Paternity Pay or leave.
Giving your employer late notice
If you can't give the full notice period to your employer for a valid reason, you should still give as much notice as possible. A valid reason might be if the baby is born early or the adoption agency doesn't give you long enough notice.
You may still qualify if you meet the other conditions or would have if your baby had not been born early. If there is no valid reason (for example you forgot) you will lose your entitlement.
Changing your start date
You can change the date that your paternity leave starts, as long as you give 28 days' notice.
Shared Parental Leave and Pay
You and your partner could be entitled to shared rights to leave and pay. This can give you more flexibility and choice for your work and caring commitments during your child’s first year.
If you lose your baby
You can still take paternity leave if your child is stillborn after 24 weeks of pregnancy or is born alive at any point of the pregnancy.
Paternity leave and your employer
If you have a problem taking your paternity leave, talk to your employer. If this doesn't work, you may need to make a complaint using your employer’s grievance procedure.