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PATERNITY
LEAVE AND PATERNITY PAY
ENTITLEMENT
A male employee is entitled to take paternity
leave and claim paternity pay if:
- he has worked continuously
for the employer for at least
26 weeks at the end of the 15th week before the Expected
Week of Childbirth (“the EWC”) and remains continuously
employed up to the date of birth;
- he has provided the information
required by the employer for those employees wishing to
take paternity leave;
- he is the biological
father of the child and he has, or expects to have, responsibility
for the upbringing of the
child in
conjunction with the child’s mother; or
- he is married to or is the partner of the child’s
mother (he is the mother’s partner if he lives
with her in an enduring relationship) and he has,
or expects to
have, the
main responsibility (apart from any responsibility
of the mother) for the upbringing of the child.
ACTION
The following information must be notified
to the employer by the end of the 15th week before the EWC
or, if that deadline
is for some reason not reasonably practicable, then as soon
as reasonably practicable:
- confirmation that the employee is
the biological father of the child and will have responsibility
for the upbringing
of
the child in conjunction with the mother or if he is
married to the child’s mother or he is living with
her in an enduring relationship and has, or expects to have,
the main
responsibility (apart from any responsibility of the
mother) for the upbringing of the child;
- confirmation of the
EWC;
- confirmation of the date on which he intends to commence
paternity leave (this confirmation must be given in writing);
- confirmation on whether he intends to take one or two
full week’s paternity leave;
- if so required by the
employer, a certificate from a registered medical practitioner
or a registered midwife stating
the EWC;
- confirmation when the baby was actually born, as soon
as reasonably practicable after the birth.
If a male employee fails to provide the above information
by the deadline specified, and without a good reason for any
delay in doing so, he may forfeit his right to paternity leave.
The employer will require the employee to complete a self-certificate
form as evidence of his entitlement to claim paternity leave
and/or paternity pay.
LENGTH OF PATERNITY LEAVE
If the male employee satisfies the qualifying conditions and
complies with the action required by the employer he will be
entitled to choose to take either 1 week or 2 consecutive weeks’ paternity
leave.
Paternity leave must be taken in blocks of not less than one
or two full weeks. Any lesser period of paternity leave taken
will be deemed to constitute a full block of entitlement. Only
one period of leave will be permitted irrespective of whether
more than one child is born as a result of the same pregnancy.
WHEN PATENITY LEAVE MAY BE TAKEN
An male employee may choose to start his paternity leave:
- from the date of the child’s birth;
- from a chosen
number of days or weeks after the date of the child’s
birth;
- from a chosen date.
Paternity leave must be taken within 56 days of the actual
date of birth of the child or, if the child is born early,
within 56 days after the end of the EWC.
STATUTORY MATERNITY PAY
If an employee qualifies for paternity leave and chooses to
take it, he is entitled to Statutory Paternity Pay (“SPP”)
during his paternity leave provided he has average earnings
at or above the lower earnings limit for the payment of national
insurance contributions for the 8 weeks before the end of the
15th week before the EWC, and has given a minimum of 28 days
notice of your right to claim SPP before it is due to be paid.
If an employee is entitled to SPP he will be paid the lesser
of ninety per cent (90%) of his average weekly earnings or
the standard rate, for the period of paternity leave which
you actually take.
RIGHT TO RETURN
If an employee takes paternity leave for a period of 1 or
2 weeks he is entitled to return to the same job which he carried
out prior to his absence.
CONTRACTUAL BENEFITS
A male employee is entitled to the benefit of his normal terms
and conditions of employment, save for terms relating to salary
(unless his contract states otherwise), throughout his paternity
leave. He cannot be paid SPP at the same time as Statutory
Sick Pay (“SSP”). If he is unwell before starting
his period of paternity leave, he should postpone it.
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