Paternity Rights and Parental Leave

Most people are familiar with the idea of maternity leave and maternity pay, but when it comes to the employment rights of fathers, the law is less widely known and understood.

If you are a father-to-be or will share the responsibility with a partner for bringing up a child, you may have the right to Statutory Paternity Leave and Pay. This includes adoptive fathers-to-be.

Qualifying for Statutory Paternity Leave and Pay

To qualify you will have worked continuously for your employer for 26 weeks ending with the 15th week before the baby is due, or the end of the week in which the child's adopter is notified of being matched with the child.

Paternity leave is available to employees who:

• have or expect to have responsibility for the child's upbringing;
• are the biological father of the child or the mother's husband or partner; and
• have worked continuously for their employer for 26 weeks ending with the 15th week before the baby is due or the end of the week in which the child's adopter is notified of being matched with the child.

Those who are eligible can choose to take either one week or two consecutive weeks' paid paternity leave (not odd days).

Parental Leave

If you are an employee and have completed one year's service with an employer, you are entitled to 13 weeks' unpaid parental leave for each child born or adopted.

The leave can start once the child is born or placed for adoption, or as soon as the you have completed a year's service, whichever is later. Employees can take it at any time up to the child's fifth birthday (or until five years after placement in the case of adoption). If the child has disabilities, they can take 18 weeks up to the child's 18th birthday.

Requesting Parental Leave

You must give your employer twenty-one days' notice of the start date of the parental leave, and your employer may ask for this to be in writing. As long as you qualify for parental leave and give your employer the correct notice, you should be able to take parental leave at any time.

To take parental leave straight after the birth or adoption of a child, an you should give notice twenty-one days before the beginning of the expected week of childbirth or placement. In cases where this may not be possible you should give notice to your employer as soon as possible.

Examples of where it would not be possible to give twenty-one days' notice include where a child is born prematurely or where fewer than twenty-one days' notice is given that a child is to be placed with you for adoption.

What about employment status whilst on Parental Leave?

Employees remain employed while on parental leave. That means that some terms of your contract, such as contractual notice and redundancy terms, still apply. At the end of parental leave, you will have the right to return to the same job as before or, if that is not practicable, a similar job with the same or better status and terms and conditions. 

If your parental leave is for a period of four weeks or fewer, you will be entitled to go back to the same job.

Do you need advice on your rights?

If your employer is not allowing you to take paternity leave or parental leave and you think you should be entitled to it, you may wish to take legal advice. Contact our team on freephone 0800 422 0241 or complete our contact form and we will get back to you.