A Guide to Understanding Paternity Leave

As an employer, it’s important to be informed and prepared when an employee requests paternity leave. Paternity leave is a statutory right that allows eligible employees to take time off following the birth of their child or the placement of a child for adoption. It is essential that employers understand the legal framework surrounding this entitlement, ensure smooth administration, and support employees during this significant time.

Here’s a breakdown of what employers should do when an employee requests paternity leave.

Not all employees are automatically eligible for paternity leave, so it’s crucial to first confirm whether the employee meets the legal criteria. To qualify for statutory paternity leave, the employee must:

  • Have been continuously employed by the employer for at least 26 weeks by the end of the 15th week before the expected week of childbirth.

In the case of adoption, an employee will be eligible for paternity leave if they have been continuously employed for at least 26 weeks ending with the week in which an agency notifies them that they have been matched with a child.

  • Be the biological father of the child and have some responsibility for the child’s upbringing or be the partner (i.e. spouse, civil partner or cohabiting partner) of the mother and have some responsibility for the child’s upbringing.

If the child is born to a surrogate, paternity leave is available where either the employee or their partner is, one of the child’s biological parents, and a parental order will be obtained giving the employee and their partner legal responsibility for the child.

It is important to check these criteria early in the process to avoid confusion or misunderstanding later on.

Paternity leave is available for up to 2 weeks.  The employee can choose to take leave either in one block or split it into two separate one-week periods, depending on their preference.

Employers should be aware that statutory paternity leave can be taken anytime within the 52 weeks following the child’s birth.

In cases of adoption, the leave must be taken within 52 weeks of the child being placed with the adopter.

When an employee requests paternity leave, it’s important to follow the proper procedure.

The employee must inform the employer within 28 days before there intended start date (or no more than 7 days after the adoption agency notifies them of a placement) that they wish the leave to commence (where possible).

The notice should include:

  • The start date of the leave;
  • The duration of the leave; and
  • That the purpose of the leave will be to care for the child or to support the child’s mother or adopter (or in surrogacy cases, the other parental order parent).

Once the request is made, you must respond to the employee in writing, confirming their entitlement and the dates they wish to take off. If the dates are not possible due to operational requirements, you should work with the employee to find an agreeable solution.

An employee is also able to change their request or cancel provided they give the employer 28 days’ notice (where possible).

Employees who qualify for paternity leave may also be entitled to Statutory Paternity Pay (SPP). SPP is paid for up to two weeks at the statutory rate, which is reviewed annually and typically around the same rate as Statutory Sick Pay. At present (January 2025) the rate is £172.48 per week, or 90% of their average weekly earnings (whichever is lower).

To be eligible for SPP, employees must meet certain conditions:

  • They must have earned an average of at least £123 per week over the 8 weeks leading up to the 15th week before the child’s due date.
  • They must still be employed by the employer during the paternity leave period.

Employers should arrange to pay this amount in the same way as regular wages, and it should be taxed and treated as normal income.

If the Company offers enhanced paternity pay, the employee should be informed of this.

While statutory paternity leave and pay provides the legal minimum entitlement, many employers offer more generous leave options. If your company provides additional paternity leave or enhanced pay, make sure to outline the terms clearly in your employment contracts or employee handbooks.

Employers should aim to align their policies with the statutory minimum or better to attract and retain top talent.

If your business provides more than the statutory leave or pay, communicate these benefits clearly to your employees during onboarding or in staff communications.

Paternity leave is a major life event for your employee, and maintaining open communication is key to ensuring a smooth transition. Here’s how to foster good communication throughout the process:

  • Initial Discussion -When the employee makes the request, discuss the leave duration and what work will need to be covered during the leave period. The sooner this discussion takes place, the less impact the leave will have upon the business.
  • During Leave – Maintain periodic check-ins with the employee, if appropriate, to confirm whether they are returning to work as planned and discuss any adjustments they may need. It would be best to ensure the employee is happy to be contacted during this period, as some employees would prefer not to be.
  • Return to Work – Upon their return, support your employee in transitioning back to work. Be mindful of any flexible working requests or adjustments they may require, particularly if they are adjusting to childcare responsibilities. If a flexible working request is submitted, ensure this is dealt with in accordance with company policy.

Upon their return, support your employee in transitioning back to work. Be mindful of any flexible working requests or adjustments they may require, particularly if they are adjusting to childcare responsibilities. If a flexible working request is submitted, ensure this is dealt with in accordance with company policy.

It’s vital to document all requests for paternity leave and ensure that the leave is accurately recorded in your payroll system. Retain all written communications, including the employee’s notice of leave, your response, and any changes made to the leave schedule.

This documentation serves as a record of compliance with employment law and provides clarity for both parties in the future.

The same rules generally apply to employees who are adopting a child, though the specifics can differ in terms of the leave dates. The adopter must give notice to their employer within 7 days of the child being placed with them, and similar rules apply to pay and duration.

Managing paternity leave requires careful attention to legal requirements and a supportive approach towards employees. By ensuring clear communication, proper documentation, and adherence to statutory requirements, employers can navigate paternity leave requests effectively and create a positive working environment for all employees.

By understanding these key aspects of paternity leave, you can ensure compliance with your legal requirements while fostering a workplace culture that supports employees during critical life events.

If you have any queries regarding paternity pay or wish for your company policies to be reviewed to ensure they meet legal requirements, please do not hesitate to contact us on 01983 897003.

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The information contained in this blog post is provided for guidance and is a snapshot of the law at the time it is written. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.

The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.


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