Since 3rd April 2011, both Ordinary and Additional Paternity leave can be taken by employees meeting certain criteria.
To qualify for ordinary paternity leave, you must:
- have been working for your employer for at least 26 weeks by the end of the 15th week before the beginning of the week when your 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 the child's adopter
- be fully involved in the child’s upbringing and be taking the time off to support the mother or carer for the baby
- take one or two weeks but not as odd days and two weeks must be taken together
- tell your employer in writing at least 15 weeks before the beginning of the week when the baby is due, or within seven days of being told by the adoption agency that you have been matched with an adoptive child.
Additional Paternity Leave
To take Additional Paternity Leave, you must have an employment contract, and have been working for your employer for at least 26 weeks by:
- the end of the 15th week before the start of the week when the baby is due
- the end of the week you are matched with a child if adopting within the UK
- the date your child enters Great Britain for the purposes of adoption if adopting from overseas.
To qualify for Additional Paternity Leave you must be taking the time off to care for the child, and the child's mother or adopter must:
- have been entitled to one or more of the following - Statutory Maternity Leave, Statutory Maternity Pay, Maternity Allowance or Statutory Adoption Leave or Pay
- have started working again so that any relevant pay has stopped.
- the expected date of the baby's birth or date of notified of being matched for adoption
- the actual date of baby's birth, or placement of adoption
- the start date of the Additional Paternity leave and pay
- your relationship to the mother, and that leave is being taken to care for the child.
Terms and Conditions of Employment and Paternity Leave
- You will still accrue normal employment benefits (apart from wages)
- You will be able to go back to the same job
- You cannot be treated unfairly because you have taken or requested to take paternity leave
- You may be able to ask your employer about flexible working.
Lawson-West will make sure that your case is funded on the most appropriate basis and that will often be on a No Win No Fee basis. This means that Lawson-West have a vested interest in ensuring your employment claim is successful.
