Paternity Leave was introduced through the Employment Act 2002. Subject to certain qualifying requirements relevant employees are entitled to one or two weeks’ leave from work when the baby is born. Employees can also qualify for paternity leave when they adopt a child.
To qualify for Ordinary Paternity Leave, employees need to expect to have responsibility for the child’s upbringing, be the biological father or mother’s partner (this can include same sex partner) and have 26 weeks continuous service at the 15th week before the baby is due.
Employees are able to take either one or two consecutive weeks of leave. There is no legal right to take leave in individual days or two separate weeks. Leave has to be taken within eight weeks of the actual date of birth.
Employees who earn at least the lower earnings limit are entitled to receive Statutory Paternity Pay (SPP) for the weeks taken as leave. This is paid at a flat rate or at 90% of average weekly earnings if this is less than the flat rate.
Fathers may now qualify for Additional Paternity Leave and Pay if either they are the father of a child due on or after 3 April 2011 or their your wife, partner or civil partner is pregnant and due to give birth to a child on or after 3 April 2011
The provision also applies to circumstances where a child is adopted
Additional Paternity Leave may be up to a maximum of 26 weeks. If a man’s partner has returned to work, the leave can be taken between 20 weeks and one year after the child is born or placed for adoption.
Additional Statutory Paternity Pay is payable if employees take Additional Paternity Leave and are not working for the purposes of caring for a child, during their partner's Statutory Maternity Pay, Maternity Allowance or Statutory Adoption Pay period.