As a father-to-be it is important to know your rights regarding Paternity Leave. Here is our guide to knowing what you are entitled to.
Statutory Paternity Leave: This is your entitlement to one or two ‘working’ weeks of Paternity Leave. This is in addition to normal holiday allowance. A ‘working week’ is based upon your normal shift pattern. The days you choose to take off must be consecutive, you cannot take odd days off. Paternity Leave does not guarantee Paternity Pay.
Statutory Paternity Leave Criteria
You must be the;
- biological father of the child
- the husband/partner of the mother (including same-sex relationships)
- person adopting the child
- the husband/partner of the person adopting the child (including same-sex relationships)
Under Statutory Paternity Leave you have the immediate right to take time off work to accompany the expectant mother to two antenatal appointments. This is unpaid but guaranteed. The time off is capped at six and a half hours per appointment. If you are adopting a child, you have the right to attend two adoption appointments once you have been matched with the child.
You can still take Paternity Leave if your child is stillborn after 24 weeks or is born alive at any point of the pregnancy.
Limitations to Statutory Paternity Leave
- You will not have the right to Statutory Paternity Leave if you are an agency worker, office holder, subcontractor, or self employed.
- Your Paternity Leave cannot begin before the baby is born or placed with you for adoption
- Your leave must finish within 56 days of the birth
- Paternity Leave remains at two weeks irrespective of multiple births from one pregnancy
Statutory Paternity Pay: This is paid Paternity Leave. This is not guaranteed and is subject to fulfillment of certain criteria. Statutory Paternity Pay (as of 1st September 2018) is £145.18 or 90% of your average weekly earning if this is less than the given figure. This is paid in the same way and time as your normal wages.
Statutory Paternity Pay Criteria
- Must be an employee
- Must be taking the time off to support the mother and/or care for the baby
- Must be earning an average of £116 per week before tax
- Must have been working for the same employer without a break for at least 26 weeks by the 15th week before the baby is due
- Must carry on working for the same employer without a break up until the date the child is born/placed with you for adoption
- Your employer may request the date of birth or date of adoption in writing
Timeline for claiming Statutory Paternity Pay
- Notify employers of the EDD (Expected Date of Delivery) at least 15 weeks before the baby is due
- Notify them of your anticipated date for leave to begin and duration of the leave (one or two weeks)
- Download a SC3 (Self Certificate Form) and pass on to employer (your employer may have their own version)
Influence upon other benefits
Statutory Paternity Pay is acknowledged as income when calculating your entitlement to additional benefits.
Company Paternity Leave: Often employers have their own Paternity Leave arrangements many of which are more substantial than the Statutory Paternity Leave. These should be included in your employment contract. You may have the right to take up to 26 weeks additional Paternity Leave.
Share the benefits or issues you encountered with your Paternity Leave. If you’re a Dad-to-be how much Paternity Leave are you planning to take? Start or join the conversation below