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Paternity leave – everything employers should know

In the second blog in this series on parental leave, we are looking at what employers should know about paternity leave.

Following recent changes to the statutory paternity leave, employers must know their responsibilities and legal requirements. This way, staff receive the correct leave and pay whilst employers avoid legal issues.

Who is eligible for paternity leave?

For an employee to be eligible for paternity leave, they must be one of the following:

The father
The husband or partner of the mother (or adopter)
The child’s adopter
The intended parent if they’re having a baby via a surrogacy arrangement

If an employee meets the above requirements, then they will be entitled to statutory paternity leave. This is so long as they also meet the following criteria:

Be classed as an employee
Be employed by you up until the point the child is born or adopted
Be on your payroll earning at least £123 per week in an eight-week period
Provide the correct notice
Be taking time off to look after their child or partner
Be responsible for the child’s upbringing
Have been employed by you for at least 26 weeks at any point during the qualifying week

If the baby is born early, the qualifying week is still based on the baby’s due date.

The qualifying week is the 15^thweek before the baby is due unless the employee is adopting. In this case, the qualifying week is the date the child arrives in the UK if it is an overseas adoption, or a date chosen by the employee.

What statutory paternity leave can they receive?

Employees can choose to take one or two weeks of paternity leave. This amount is the same even if they have more than one child, such as having twins.

If the baby was due on or before 6 April 2024, the leave must be taken consecutively and finished within 56 weeks of the birth or due date if the baby was early.

The start date of the paternity leave must be either of the following:

The actual date of birth
An agreed number of days after the birth
An agreed number of days after the expected week of childbirth

However, if the baby was born after 6 April 2024, paternity leave can be taken either consecutively or separately.

If the baby was born after 6 April 2024, the start date must be one of the following:

The actual date of birth
A specified number of days after the birth
A set date which is after the date of birth

This is different if your employee is adopting a child. In this scenario, leave can start on:

The day of placement
An agreed number of days after the placement
on the date the child arrives in the UK or an agreed number of days after this (overseas adoptions)

If the child is placed or arrived in the UK before 6 April 2024, then the leave must be taken within 56 days of their placement. If the date they are placed or arrive on or after 6 April, the leave must be taken within 52 weeks.

What pay are employees entitled to?

Statutory Paternity Pay (SPP) for eligible employers is either £184.03 per week or 90 per cent of their average weekly earnings, whichever is lower. Tax and National Insurance will need to be deducted from this.

You can choose to pay your employer above the SPP. If you do so, you can still reclaim your payments.

Usually, you can reclaim up to 92 per cent of SPP. This increases to 103 per cent if your business qualifies for Small Business Relief.

Additional time off

Employees are entitled to unpaid leave before a baby is born if they are accompanying a pregnant woman to antenatal appointments. This is allowed if they are:

The baby’s father
The expectant mother’s spouse or civil partner
In a long-term relationship with the expectant mother
The intended parent if they are having a baby via a surrogacy arrangement

Your employee may also qualify for Shared Parental Leave. This would not only extend the amount of time they are eligible to take off work but the paid leave they are entitled to as well.

You can also choose to offer more leave and pay to your employees. For example, this could be part of a company scheme that you are running.

If you are unsure about your paternity leave policies, it is best to talk to a legal expert.

We can ensure that your business stays that receive the leave, pay, and benefits

For further guidance on paternity pay, get in touch with a member of our team today.

Amanda Hyam

Head of Dispute Resolution and Employment

I have specialised in Dispute Resolution, Civil Litigation and Employment law for more than 15 years. I understand how daunting the prospect of litigation can be and because of this I am always available to discuss concerns.