My Employment Rights

Statutory Paternity Leave

Entitlement
Fathers are entitled to two weeks statutory paternity leave.
To qualify, an employee must:
• be the biological father of the child or partner/spouse of the mother;
• have responsibility for the child's upbringing; and
• have 26 week's continuous service at the 15th week before the baby is due.
OR
Where adopting:
• not be taking adoption leave;
• be the adopter's spouse or partner;
• have responsibility for the child's upbringing
• have 26 week's continuous service in the week in which the adopter is notified of the placement.

Commencement of Leave
Fathers can commence leave on:
• from the date of the child's birth/placement
• from a number of days after the birth/placement
• from a chosen date
providing leave is completed within 56 days of the birth/EWC/placement.
Leave can be taken as a 1 week or 2 continuous weeks block. It cannot be taken in days or as separate weeks.

Notification
Fathers must provide confirmation of their intention to take paternity leave by the 15th week before the EWC or within 7 days of notice of placement and inform the employer of:
• the EWC/when the child is expected to be placed;
• whether they intend to take 1 or 2 weeks' leave; and
• When they want leave to start.

Statutory Paternity Pay
Fathers are entitled to SPP if:
• They have 26 weeks' continuous service by the 15th week before the EWC/match was made;
• Had continuous service from the 15th week up to the birth/placement;
• Has the necessary relationship with the child/mother/adopter for eligibility
• Gives the notification above;
• Has average earnings above the National Insurance Minimum Earnings Limit.
Liability to pay SPP will end if the father:
• Works for the employer during leave;
• Works for another employer during the leave;
• Becomes entitled to Statutory Sick Pay;
• Dies

Rights During and After
Fathers are entitled to remain on the same terms and conditions whilst on SPP, with the exception of wages or salary.
They are entitled to return to the same job as they performed prior to taking leave, on the same terms and conditions as would have applied had they not taken leave.
If the employer operates a contractual paternity scheme, the father is entitled to take whichever is most beneficial to him.
Fathers are protected from suffering detriment or being dismissed for exercising their rights to SPP.