Paternity Leave and Pay

Guide for Employers and Managers

Eligibility for Paternity Leave

To be eligible for paternity leave the employee:

• will need to be either the father of the child or the mother’s husband or partner (including same sex)
• must have been employed for a minimum of 26 weeks by the end of the 15^th week before the expected week of childbirth
• must have or expect to have responsibility for the upbringing of the child if the employee is the father or expect to have the main responsibility for the upbringing of the child if the employee is the mother’s husband or partner but not the child’s father
• must have given correct notice. The employee should inform in writing of their intention to take paternity leave in or before the 15^th week before the expected week of childbirth and should advise:

the week the baby is expected

whether the employee wishes to take one or two weeks leave

when the employee wants the leave to start

Paternity leave is available for either male or female when adopting the child if the employee:

• has or expect to have the main responsibility for the child’s upbringing
• is either married to or the partner of the child’s adopter
• has worked continuously for the company for a minimum 26 weeks when the employee is notified of having been matched with the child
• has given correct notice

Paternity Leave

• leave can either be taken in one or two consecutive week blocks (not occasional days or separate weeks)
• leave can commence either from the date of the child’s birth (whether this is earlier than expected) or from a chosen date which is later than the first day of the expected week of confinement
• must be taken within 56 days of the expected week of confinement or within 56 days of the actual date of birth of the child

Paternity Pay

• the employee will be entitled to statutory paternity pay (SPP). As at April 2008 the rate is £117.18 per week.

Rights during Paternity Leave

• the employee’s Contract of Employment continues as normal, with the exception of remuneration

Return to Work

• after taking paternity leave only, the employee has the right to return to the same job

• set out minimum statutory Paternity Leave rights and essentially makes provision for the employer to have flexibility in managing the complex process
• provides detailed action required by employee and employer

APS Letters

• start at the commencement of notification by the employee of the intention to take paternity leave through to return to work
• detail rights, notification, paternity leave, pay and return to work through the various stages
• are laid out chronologically, making it easy to select a letter at any stage of the process with clear guidelines for completion

Setting out clear policy and procedure with supporting letters will help Employees and Managers understand the process and what is expected of them, avoiding complaints to an Employment Tribunal

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