To qualify for paternity leave, an employee must:
- have been working for their employer for at least 26 weeks by the end of the 15th week before the beginning of the week when the baby is due.
- be the child’s biological father or be the mother’s husband or partner (including a mother’s partner in a same-sex relationship).
- be fully involved in the child’s upbringing and be taking the time off to support the mother or care for the baby.
- take one or two weeks but not as odd days and two weeks must be taken together.
- tell his employer in writing at least 15 weeks before the beginning of the week when the baby is due.
Paternity leave can be started:-
- on the day the baby is born.
- a number of days or weeks after the baby is born.
- from a specific date after the first day of the week when the baby is expected to be born.
Paternity leave cannot start before the baby is born. Paternity leave has to finish within 56 days of the baby being born or, if the baby arrives early, within 56 days for the first day of that week. An employee can still take paternity leave if a baby is unfortunately stillborn after 24 weeks’ of pregnancy.
Terms and Conditions of Employment and Paternity Leave
- An employee will still accrue normal employment benefits (apart from wages)
- An employee will be able to go back to the same job
- An employee cannot be treated unfairly because he has taken or requested to take paternity leave
- An employee may be able to ask his employer about flexible working.
Extended Paternity Leave
The Work and Families Act 2006 allows for regulations to be made permitting fathers to benefit from additional paternity leave if the mother returns to work before the end of the maternity leave period to which she is entitled. The earliest date that additional paternity leave will be implemented is for employees whose partners are expecting babies due in April 2010, although this is not a firm date for implementation.
If you have any queries regarding Paternity Leave, please contact Ashley Hunt and or Vaishali Thakerar on 0116 212 1000. Maternity Leave information can be found here.
