Your employee must give you notice in the 15th week before the due date that they wish to take the leave and that they wish to claim statutory paternity pay. To qualify for Shared Parental Leave, your employee must have been employed by you for 26 weeks or more by the 15th week before the expected due date.
Your employee may need to submit up to five notices to you to book SPL, with the first notice of entitlement, intention, and booking, at least eight weeks before they want to take the first period of SPL.
Ordinary Paternity Leave 2 weeks can be split over 6 weeks, but only in chunks of one week at a time. However, Shared Parental Leave up to 50 weeks can be split in up to three chunks. Some individuals who do not qualify for Shared Parental Leave, including agency workers, may still be able to access Shared Paternity Pay if they meet the definition of an employed earner for National Insurance contributions.
It would be unlawful for you to subject your employee to a detriment because they take or are seeking to take any type of paternity leave. To be eligible for paternity leave when you and your partner are having a baby, including through surrogacy, you must:. To be eligible for paternity leave when adopting a child, you must be legally classed as an employee.
You must have worked for the same employer for at least 26 weeks before the end of the week when:. To get paternity leave when you and your partner are having a baby, including through surrogacy, you must tell your employer:. You must tell your employer within 7 days of being matched with a child.
You should also tell them:. Your employer cannot refuse or postpone your paternity leave as long as you have given them the right amount of notice. If you like, you can tell us more about what was useful on this page. Please do not include any personal details, for example email address or phone number. If you have a question about your individual circumstances, call our helpline on We cannot respond to questions sent through this form.
These will normally be included in your employment contract. You can use statutory leave if this suits you better and you qualify for it. Expectant fathers and partners, including same sex partners, have the right to unpaid leave to accompany expectant mothers to two antenatal appointments.
The time off is capped at six and a half hours for each appointment. There is no qualifying period for an employee to have this right. The right applies whether the child is conceived naturally or through donor insemination. You also have the right if you will become a parent through a surrogacy and are eligible to apply for a Parental Order for the child born through this surrogacy. To qualify for paternity leave, you must be an employee. You must use the time off to support the mother or care for the baby and be very involved in their upbringing.
Paternity leave rights are extra to your holiday allowance. However, you cannot take paternity leave if you have first taken shared parental leave. If you're a worker, you don't qualify for paternity leave but may qualify for statutory Paternity Pay. If you're an agency worker, office holder or subcontractor, you will not normally have the right to paternity leave. But you might be eligible for statutory Paternity Pay.
Statutory Paternity Pay is paid for up to two consecutive weeks, depending on how long you choose to take paternity leave. To read more, go to:. If you don't qualify for paternity leave, your employer might give you some time off or you could take paid holiday.
If you qualify for paternity leave but not statutory Paternity Pay, you may qualify for Income Support while on paternity leave. As long as you meet certain conditions, you can take either one or two weeks' Paternity Leave. You can't take odd days off. If you take two weeks, you must take consecutive weeks. A week is based on your usual working pattern. If you only work Mondays and Tuesdays, a week would be two days. If you work Monday to Friday, a week would be five days.
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