Paternity Leave Explained
I had not intended to write about paternity leave this week until I read a report from the Citizens Advice Bureau, the national charity that provides free legal advice, showing that many fathers are being refused paternity leave because they fail to comply with the rules that apply to it.
So, with apologies to female readers or those without children, let’s look at some examples.
Oliver has been employed by Newco for 3 months. His partner is expecting a baby in 4 months time, so he asks for paternity leave. His employer is entitled to say no. Oliver has to have completed at least 6 months’ employment with Newco by the fifteenth week before the baby is due.
Roger has worked for his employer for 7 months. His partner’s baby is due in 14 weeks time, so he asks for paternity leave. His employer is again entitled to say no. Ridiculous though it may seem, a request for paternity leave must be made no later than the fifteenth week before the baby is due.
Simon has worked for his employer for 3 years. He lives with a woman who is pregnant. 20 weeks before the baby is due he asks for paternity leave. Simon is not the biological father and so the employer refuses his request. The employer cannot do this. Simon is entitled to paternity leave. Paternity leave is available to the baby’s biological father or the mother’s husband or partner. A partner is someone (male or female) who lives with the mother in an enduring family relationship and who is not a blood relative.
So how much leave does Simon get?
He is entitled to either one week off or two. The choice is his. He cannot take two separate weeks off.
He must take this leave in the first 8 weeks of the child’s life or, if the child is born earlier than expected, between the actual date of its birth and 8 weeks from when it was due.
Simon hopes that when he takes his paternity leave he will receive his normal pay. He is likely to be disappointed unless his contract of employment actually provides for this. He will get Statutory Paternity Pay (if he earns more than £82 a week) which is calculated at the same rate as Statutory Maternity Pay. This is currently £106 a week or 90% of average weekly earnings if this is less than £106.
During paternity leave Simon will still accrue holiday entitlement.
So employees who have enough service and who want to take paternity leave should write to their employers no later than the fifteenth week before the baby is due (do it straight away!) saying:
- We are expecting a baby on…
- I want to take paternity leave and to receive paternity pay
- I intend to take one/two weeks leave starting on the date of our child’s birth (must be completed within 8 weeks of expected week of birth)
Employees must also give their employers a completed self certificate as evidence of their entitlement to Statutory Paternity Pay. This can double up as the notification form. Ask your employer for a self certification form or download one from the internet.
Finally, paternity leave is in addition to the thirteen week entitlement to parental leave, which, in practice, is rarely taken up because it is unpaid.
Published 27/09/2006.
