Dad · dad shift · family · Paternity Leave · Rights · UK · Feb 02, 2025

Everything You Need To Know About Paternity Leave UK

Overview

Navigating paternity leave and pay in the UK can be challenging for new and expecting fathers. This blog breaks down the essential details from GOV.UK, covering eligibility, entitlements, pay, and the application process for dads, partners, adoptive parents, and intended parents via surrogacy. It also explores the latest changes in paternity leave regulations, helping you make informed decisions during this crucial Dad Shift in your life.

Key Themes and Information

1. Eligibility for Paternity Leave and Pay

Who is Eligible?: Paternity leave and pay are available to:
The father of a child.
The husband or partner of the mother (or adopter), including same-sex partners.
The child’s adopter.
The intended parent in surrogacy arrangements.
Employment Requirements: To qualify for both Paternity Leave and Pay, employees must:
Have been continuously employed by their employer for at least 26 weeks up to the end of the ‘qualifying week.’ The qualifying week is the 15th week before the baby is due, with variations for adoption (see below).
Be employed by their employer up to the date of birth to be eligible for pay.
Additional Pay Requirements: To qualify for Paternity Pay specifically, employees must also:
Earn an average of at least £123 a week (before tax).
Give the correct notice.
Exclusions: You cannot get Paternity Leave and Pay if you’ve taken paid time off to attend adoption appointments.

2. Qualifying Week Variations

The "qualifying week" differs depending on the situation:

Birth: The 15th week before the baby is due.
UK Adoption: The week you’re matched with the child.
Overseas Adoption: The week the child enters the UK or the week you want your pay or leave to start.

3. Paternity Leave Entitlements

Leave Duration: Employees are entitled to either 1 or 2 weeks of leave.
Taking Leave: The way the leave is taken depends on the due date of the baby:
Babies due on or before 6th April 2024: Leave must be taken in one continuous block, either one or two weeks long, which must end within 56 days of the birth (or due date if the baby is early).
Quote: "Your leave cannot start before the birth. It must end within 56 days of the birth (or due date, if the baby is early)."
Babies due after 6th April 2024: If you choose two weeks’ leave, you can take them together or separately and leave must end within 52 weeks of the birth (or due date if the baby is early).
Quote: "Your leave cannot start before the birth. It must end within 52 weeks of the birth (or due date, if the baby is early)."
Leave Start Date: Leave cannot start before the date of birth. The start date can be:
The date of placement for adoption.
The date the child arrives in the UK for overseas adoption.
The date the child is born (or the day after if you're working that day) for surrogate parents.
A date you choose that falls after the birth or placement.
Changes to Start Date: 28 days' notice must be given to your employer if you want to change your start date.
Leave as 'Work Weeks': A week of leave corresponds to the days usually worked in a week. For example, if you only work on Mondays and Tuesdays, then a week of leave is 2 days.
Twins/Multiple births/adoptions: the amount of leave remains the same, regardless of multiple children.

4. Paternity Pay

Statutory Pay Rate: The statutory weekly rate of Paternity Pay is £184.03, or 90% of your average weekly earnings (whichever is lower).
Quote: "The statutory weekly rate of Paternity Pay is £184.03, or 90% of your average weekly earnings (whichever is lower)."
Payment Method: Pay is made in the same way as regular wages (e.g., monthly or weekly), with deductions for tax and National Insurance.
Employer Schemes: Employers may offer company paternity schemes that provide more than the statutory minimum but cannot offer less.

5. How to Claim

Claim through Employer: Claims for Paternity Leave and Pay are made through the employer.
Notice Period:15 weeks’ notice must be given when claiming Paternity Pay. This should be done in writing to claim Statutory Paternity Pay.
For surrogacy arrangements, at least 15 weeks' notice must be given to claim Paternity Pay, or as soon as you're reasonably able, before you want your pay to start.
For adoption claims must be within 7 days of being matched with a child.
Online Form: An online form (replacing the old SC3, SC4 and SC5 forms) is available. Once complete, it must be printed/downloaded and provided to the employer. It's worth checking if the employer has their own form.
Required Information: When claiming, you must include:
The due date.
When you want your leave to start.
If you want 1 or 2 weeks’ leave.
(For surrogacy) A written statement confirming intention to apply for a parental order within 6 months of the birth and that you expect the court to grant it.
Proof of birth or pregnancy: Proof of pregnancy or birth is not required.

6. Surrogacy Arrangements

To be eligible for Paternity Pay and Leave in a surrogacy arrangement, you must:
Be in a couple.
Be responsible for the child with your partner.
Have worked for your employer for 26 weeks by the end of the 15th week before the baby is due.
Provide a written statement of intent to apply for a parental order after the birth.

7. Key Dates

6th April 2024: A key date for the calculation of end dates for leave. Leave must end within 56 days of birth for babies due on or before this date, and within 52 weeks for babies due after this date.

8. Additional Leave

Antenatal Appointments: Unpaid leave can be taken to attend up to two antenatal appointments, with a maximum of 6.5 hours per appointment. This is available to the baby’s father, the expectant mother’s spouse, civil partner, those in a long term relationship, and the intended parent (if through surrogacy). Permanent employees can apply immediately.
Adoption Appointments: Unpaid leave can also be taken to attend up to two adoption appointments after being matched with a child.

9. Protection of Employment Rights

While on paternity leave, your employment rights are protected, including the right to:
Pay rises.
Build up holiday.
Return to work.

10. Loss of a Baby

Paternity leave and pay is still available even if your baby is stillborn from 24 weeks of pregnancy or born alive at any point during pregnancy. You can take any leave booked before losing the baby and book any remaining leave within 8 weeks of the death.
You may also be eligible for Statutory Parental Bereavement Pay and Leave

11. Non-Eligibility

Employers must inform employees within 28 days if they do not qualify for paternity leave or pay, and why, using form SPP1.

12. Shared Parental Leave

You may be eligible for Shared Parental Leave (SPL). Paternity leave cannot be taken after Shared Parental Leave.

Important Notes

The rules regarding Paternity Leave and Pay can be complex.
It's crucial to consult the detailed guidance on the GOV.UK website and potentially seek advice from HR or a legal professional.
There are different rules for those who live in Northern Ireland.

Conclusion

Understanding the nuances of paternity leave and pay is crucial for both employees and employers. This briefing document aims to provide an overview of the key aspects. It is recommended that individuals consult the GOV.UK website for the most up-to-date information and guidance.

This blog is intended for informational purposes and does not constitute legal or financial advice. Please seek advice from relevant professionals if required.

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