The Monkey Tree

Congratulations you’re expecting a new baby!  But have you considered your paternity rights? 

This article only covers the minimum statutory entitlements to paternity leave and pay.  Your employer may have more generous policies.

Paternity Leave

Current UK law states that eligible employees can take up to 2 weeks’ statutory paternity leave.

If you qualify for paternity leave you can take either 1 or 2 weeks leave.  The minimum period of paternity leave you can take is 1 week.  You cannot take odd days off, and if you take 2 weeks’ leave they must be taken together, without a break.

The qualifying conditions are:

• You must be an employee;
• You must be the baby’s biological father or the mother's husband or unmarried partner (including a partner in a same-sex relationship);
• You must have worked for your employer for at least 26 weeks by the end of the 15th week before the beginning of the mother’s Expected Week of Childbirth “EWC” (the start of the week your baby is due to be born);
• You will be fully involved in the baby’s upbringing and are taking time off to support the mother or care for the baby.

To take your leave you should write to your employer by the 15th week before the EWC, stating:

• When your baby is due to be born;
• Whether you want to take 1 or 2 weeks’ paternity leave;
• When you want your paternity leave to start;
• When you intend to return to work

If this is not possible you should give as much notice as possible and at least 28 days’ notice of when you want your statutory paternity leave to start.

You can choose to start the leave:

• On the day your baby is born;
• A number of days or weeks after your baby’s birth;

Your paternity leave can start on any day of the week, but not before your baby is born. 

To change the date you want your leave to start or the amount of leave you want to take you should give your employer at least 28 days’ written notice (or, if this is not possible, as much notice as possible).

You must take your paternity leave within 56 days of your baby being born.

If your partner has a multiple birth, you are only allowed one period of paternity leave, not multiple periods of leave.

Statutory Paternity Pay

If you meet the qualifying conditions you are entitled to receive up to 2 weeks’ statutory paternity pay from your employer.  The qualifying conditions for statutory paternity pay are the same as those for statutory paternity leave (above).  Additionally, to be entitled to statutory paternity pay you must earn at least the lower earnings limit for National Insurance “NI” Contributions.

Statutory paternity pay is paid at a flat rate set by the government (the same as the statutory maternity pay flat rate) currently £108.85 per week (or 90% of your average weekly earnings if you earn less than the flat rate).

If you meet the qualifying conditions for paternity leave and earn less than the lower earnings limit you have the right to unpaid paternity leave, and may be able to get Income Support while on paternity leave.

Returning to Work

If you qualify for paternity leave you are entitled to return from leave to the same job on the same terms and conditions of employment you had before taking paternity leave.

New Laws

Update on Maternity Rights

The Work and Families Act 2006 is now having some effect on UK law. 

Maternity and Parental Leave (Amendment) Regulations 2006 and The Statutory Maternity Pay, Social Security (Maternity Allowance) (Amendment) Regulations 2006 came into force on 1 October 2006. 

The following changes will affect employees expecting a baby on or after 1 April 2007.

• Removal of qualifying criteria for additional maternity leave, so all (employed) mothers can take up to one year off work, regardless of how long they have worked for their employer.  The different rights applicable during ordinary and additional leave and upon returning to work after the different periods of leave will be retained.
• Extension of statutory maternity pay from 26 weeks (six months) to 39 weeks (nine months).  It is currently planned to extend statutory maternity pay to 12 months from April 2008.
• The provision for statutory maternity pay to be paid on any day of the week – to align the start of maternity leave and pay.
• Increase in the notice period employees give to change their return date from 28 days to 8 weeks.  New mothers must also give 8 weeks’ notice of returning to work from additional maternity leave.
• Provision for optional 'keeping in touch' days (up to 10 days) to give employees the chance to work, undertake training and keep updated on developments without losing the right to maternity pay or ending their maternity leave.
• Employers will be able to make reasonable contact with employees during their maternity leave.

Proposal on Additional Paternity Leave

The government is currently proposing that new employed fathers or partners (including same sex partners), be entitled to additional paternity leave of up to 26 weeks and additional statutory paternity pay if the mother of their child has returned to work without using her full paid maternity leave.  This will effectively give female employees the right to transfer a portion of their paid maternity leave to their partner.
However, these proposals are still in consultation, and are not expected to come into force until at least April 2008.

Finally

Again, this article only covers the minimum statutory entitlements to paternity leave and pay.  Your employer may have more generous policies.

Read your employer’s paternity leave policy and speak to your Human Resources department.  Further information is available from the Department of Trade and Industry and if you want legal advice speak to an independent legal advisor such as the Citizens Advice Bureau or a solicitor. 

While every care has been taken in compiling this article it is not intended to be a substitute for specific legal advice.

Useful websites include: www.tiger.gov.uk, www.dwp.gov.uk, www.dti.gov.uk