What is Paternity Leave?

As a father-to-be you have the rights to paternity leave and statutory paternity pay (SPP) to allow eligible workers to take paid leave to care for a baby or to support the baby's mother following birth.

How much paternity leave can I take?

You can take up to two weeks leave from work following the birth of a baby. You can take one week or two weeks in a row but not odd days or two separate weeks.

Paternity leave must be taken within 56 days of the birth or, if the baby is born before the expected week, paternity leave can be taken any time from the actual date of birth up to 56 days from the date the baby would have been DUE.

Do I have to give notice to take paternity leave?

To be entitled to paternity leave you must give notice to your employer in the 15th week before the baby is due and tell them:

• when the baby is expected to be born;
• how much leave you wish to take;
• when you wish the leave to start, and;
• whether you wish to have one or two weeks paternity pay.

Am I entitled to Statutory Paternity Pay?

Statutory Paternity Pay is £112.75 from 1 April 2007 per week (or 90% of average weekly earnings if this is less) for two weeks of paternity leave. You will be entitled to statutory paternity pay if:

• you have worked for your employer for 26 weeks by the 15th week before the baby is due and are still employed by the same employer before the birth, and;
• earn £87 (From 6th April 2007) on average or more, and;
• sign a declaration saying that you are the baby's father or the husband/partner of the mother and are responsible for the baby's upbringing.

What happens if you lose your baby?

Provided you meet all the other conditions, you can still take paternity leave if your child is:

• stillborn after 24 weeks of pregnancy
• born alive at any point of the pregnancy

What do I tell my boss?

You will need to tell your employer the expected week of birth (EWC), how much leave you want to take and when you want it to start. You must have told your employer within the following timescales:-

• advise your employer you intend to take paternity leave by end of 15th week before the week the baby is due, or if this is isn't possible, as soon as reasonably practicable. How to work out EWC
• To qualify for SPP you must tell you employer at least 28 days before you want your SPP to start and hand in a completed "SC3 - Becoming a Parent' form" which can be downloaded from HM Revenue and Customs. If you have already notified your employer about leave by the end of the 15th week, this notice can count for pay as well.

Do all workers qualify?

No, unfortunately some professions, for example police officers, MPs,judiciary and some company directors, will only qualify forpay, not leave. This can also apply to members of the armed forces.

Also some agency works are not usually classed as employees and therefore may not qualify for leave. But they may be treated as employed and possibly entitled to SPP.

Improvements for Fathers

The Government is proposing and planning to give new fathers the right to six months' unpaid paternity leave. Under the proposals outlined last year by Alan Johnson, fathers could get up to 3 months' statutory paternity pay if their partner returns to work after six months, but before the end of an extended, nine-month maternity leave period. See new regulations on Maternity Rights