What is included in a Paternity Policy?

This Paternity Policy template covers: what paternity leave is who is eligible for paternity leave when paternity leave can be taken relevant notification requirements statutory paternity pay (SPP) whether you offer enhanced paternity pay and, if so, all relevant details rights during paternity leave returning to work after taking paternity leave

Why do I need a Paternity Policy?

Adopting a Paternity Policy helps employees and managers to understand their rights and obligations in relation to paternity leave. It ensures employees are aware of their rights when they are about to become parents and provides assistance when they return to work after taking pat leave. Having a Paternity Policy encourages equality and fairness within the workplace and helps retain employees. For more information about different types of family leave, read Family leave and rights .

Who can take paternity leave?

To qualify for statutory paternity leave, the employee must have parental responsibility . This means that they must have some responsibility for the child’s upbringing and must be: the child’s biological parent (whether or not living with the child) the child’s adoptive parent the child’s surrogate parent the spouse, partner or civil partner of the child’s mother, adopter or surrogate parent (this includes same-sex partners) In addition, they must: be an employee under a Contract of employment (ie not be a worker or contractor ) have been continuously employed by their employer for at least 26 weeks up to any day in the 15th week before the baby is due (note that this different where a baby is being adopted ) give their employer notice of their leave at least 15 weeks before the child’s due date, and specify when they want their paternity leave to start For more information, read Paternity leave .

When can paternity leave be taken?

Paternity leave must be taken within 56 days of the birth of a child or the expected date of birth (ie the due date) if the child is born early. For more information, read Paternity leave .

How long is paternity leave?

Statutory paternity leave allows qualifying employees to take up to 2 weeks off work. Employees can choose to either take 1 or 2 weeks of paternity leave. Paternity leave must be taken in one block. This means that if an employee wishes to take 2 weeks of paternity leave, they must take all of their leave in one go. Employers can, however, offer enhanced paternity leave which lasts longer than 2 weeks. This should clearly be recorded in the Paternity Policy. For more information, read Paternity leave .

What are an employee's rights and obligations during paternity leave?

During paternity leave, an employee’s Employment contract continues except for their pay entitlement. All other benefits must continue as normal. Employees must not be dismissed or subjected to any detriment for taking or requesting paternity leave. For example, an employee who has requested paternity leave must not be bullied or harassed or ignored for promotions as a result of their leave request.

What is statutory paternity pay?

When the pat leave starts, qualifying employees are entitled to statutory paternity pay (SPP). This is currently the lower of £172.48 a week or 90% of the employee’s average weekly earnings. To qualify for SPP, employees must: be employed by their employer up to the date of birth have at least 26 weeks of continuous service by the end of the 15th week before the expected week of childbirth (this is known as the 'qualifying week') earn at least £123 a week (before tax), and give the correct notice (ie they must tell their employer in writing that they want to take paternity leave before the end of the qualifying week) For more information, read Paternity leave .

What is enhanced paternity pay?

Enhanced paternity pay (also known as ‘contractual paternity pay’) is the employer’s own paternity pay scheme which goes above and beyond the statutory requirements. For example, employers may pay enhanced paternity pay at 100% of employees’ usual wages for the duration of paternity leave. Enhanced paternity pay does not need to be paid for the whole of an employee’s paternity leave.

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OTHER NAMES Paternity Leave Policy Pat Policy Paternity Leave Rights Policy Paternity Rights Statement Paternity Leave Statement Pat Leave Policy

What is a Paternity Policy?

A Paternity Policy sets out an employer’s paternity leave provisions. Paternity Policies explain the statutory entitlement to paternity leave (or ‘pat leave’) and paternity pay.
This document is GDPR compliant.

When should I use a Paternity Policy?

Use this Paternity Policy to inform employees and managers about:

the statutory paternity leave regime
who is entitled to UK paternity leave
who is entitled to UK paternity pay

Rocket Lawyer members have customised over 4.8M documents

Documents and communicates

Complies with relevant laws

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PATERNITY POLICY

Statement of Policy and Purpose of Policy

(the Employer, we, our or us) recognises and respects the rights of parents to take time away from work in connection with childbirth. No one will be subjected to a detriment for exercising their right to take paternity leave in accordance with this Policy or for seeking to do so.
The purpose of this Policy is to ensure that staff and managers are clear about entitlements to paternity leave, the process that should be followed for arranging leave and the terms that apply during and after paternity leave.
This Policy is intended to summarise your statutory rights. If there is a contradiction between this Policy and the statutory paternity leave entitlements that apply at any time, this Policy shall be deemed to be amended, as necessary, to comply with legislative requirements.
This is a statement of policy only and does not form part of your contract of employment. We may amend this Policy at any time, in our absolute discretion.

Definitions

In this Policy we will use the following definitions:
1. Expected Week of Childbirth: the week, starting on a Sunday, in which your doctor or midwife expects your spouse, civil partner or Partner to give birth.
2. Partner: someone (whether of a different sex or the same sex) with whom you live in an enduring family relationship, but who is not your parent, grandparent, sister, brother, aunt or uncle.
3. Qualifying Week: the fifteenth week before the Expected Week of Childbirth.

What is Paternity Leave and Who is Eligible to Take it?

Paternity leave is the right for qualifying employees to take up to 2 weeks' paternity leave, in connection with the birth of their child or a child for whom they have responsibility.
Paternity leave is available to qualifying employees, for the purpose of caring for a child, or supporting the child's other parent, in the following cases:
1. On the birth of a child, where either:
  1. you are the biological father and expect to have some responsibility for the child's upbringing; or
  2. you are the mother's Partner and you expect to have main responsibility with the mother for the child's upbringing.
2. On the birth of a child to a surrogate mother where you are, or your Partner is, one of the child's biological parents, and you expect to obtain a parental order giving you and your Partner responsibility for the child.
3. Where an adoption agency places a child with you and/or your Partner for adoption and you expect to have main responsibility (with your Partner) for the child's upbringing.
4. Where a local authority places a child with you and/or your Partner under a fostering for adoption arrangement and you expect to have main responsibility (with your Partner) for the child's upbringing.
To qualify for paternity leave you must have been continuously employed by us for at least 26 weeks ending with the 15th week before the Expected Week of Childbirth or the week in which you or your Partner are notified by the adoption agency or local authority that you/they have been matched with a child.
You may also be eligible to take shared parental leave. For details about shared parental leave, contact the HR Department.

Timing and Length of Paternity Leave

Paternity leave must be taken as a period of either 1 week or 2 consecutive weeks. It cannot be taken in instalments.
Paternity leave can start on the date of the child's birth or adoption placement, or a later date of your choosing. However, it must end within 56 days (8 weeks) of birth or placement, or within 56 days of the first day of the Expected Week of Childbirth (if the child was born early).

Giving Notice of Your Intention to Take Paternity Leave

To take paternity leave you must give us written notice by the end of the 15th week before the Expected Week of Childbirth or no more than 7 days after you and/or your Partner were notified of having been matched with the child, or as soon as you reasonably can, stating:
1. the Expected Week of Childbirth;
2. the date you would like your leave to start (which may be a specified date after the start of the Expected Week of Childbirth, the actual date of birth or a specified number of days after birth); and
3. whether you intend to take 1 week or 2 weeks' leave.
We may require a signed declaration from you that you are taking paternity leave to care for the child or to support the child's other parent in caring for the child.

Changing the Dates of Paternity Leave or Cancelling Paternity Leave

You may vary the start date of your paternity leave if you give notice as follows:
1. If you wish to start your leave on the day of the child's birth or on the day that the child is placed with you or the adopter, please tell us at least 28 days before the first day of the Expected Week of Childbirth.
2. If you wish to start your leave on a specified number of days after the child's birth or placement, please tell us at least 28 days (minus the specified number of days) before the first day of the Expected Week of Childbirth.
3. If you wish to start your leave on a specific date that is different to the original start date you informed us of, please tell us at least 28 days before that date.
If you are unable to give us 28 days' written notice as set out above, you should do so as soon as you can.
Notice should be given to your line manager or the HR Department.

Statutory Paternity Pay

To qualify for Statutory Paternity Pay (SPP), you must have worked for your employer for at least 26 continuous weeks before:
1. the 15th week before the baby is due; or
2. the end of the week the adoption agency matched you with a child.
If you take paternity leave in accordance with this Policy, you will be entitled to SPP if your average weekly earnings are not less than the lower earnings limit set by the Government.
SPP is paid at a prescribed rate which is set by the Government for the relevant tax year, or at 90% of your average weekly earnings calculated over the relevant period if this is lower. For details of the current prescribed rate, please contact your line manager or the HR Department.

During Paternity Leave

While you are on paternity leave, your normal terms of employment will continue to apply except for your entitlement to pay. In particular, benefits in kind shall continue and you will continue to accrue holiday. The effect of your paternity leave on your pension arrangements depends on the type of scheme in which you are participating and the terms of your participation. For further information on this, speak to your line manager or the HR Department.
Although we will respect your absence during your paternity leave, we may need to make contact with you from time to time.

When You Return to Work

In general, you will return to work in the same job and on the same terms as if you had not been absent. However, in some cases where you have taken any period of parental leave, in conjunction with your paternity leave then we may offer you another suitable role, on terms and conditions that are not less favourable than those that applied before your leave.
If you wish to change your working patterns when you return to work then you should make a request for flexible working. For more information, contact the HR Department. Flexible working requests take time to deal with so it's important that you make your request as soon as possible, otherwise, you may have to return to work on the basis of your prior working patterns until the process of dealing with the request has finished.

Rights to Leave on Adoption

Certain employees can take either adoption leave, paternity leave or shared parental leave in relation to the adoption of a child and adoption leave if they are to have parental responsibility for a child under a surrogacy arrangement. Further details are available from the HR Department.

Data Protection

When managing an employee's paternity leave and pay, the Employer processes personal data collected in accordance with the Employer's data protection practices. For more information, speak to the HR Department.
Data collected from the point at which an employee informs the Employer that they plan to take paternity leave is held securely and accessed by, and disclosed to, individuals only for the purposes of managing their paternity leave and pay.
Inappropriate access or disclosure of employee data constitutes a data breach and should be reported immediately. It may also constitute a disciplinary offence, which will be dealt with under the Employer's disciplinary processes and procedures.

Attribution

This Paternity Policy was created using a document from Rocket Lawyer (https://www.rocketlawyer.com/gb/en).

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Make your Paternity Policy available and easily accessible to your employees. For example, by including it in induction packs, publishing it on your intranet or including it in your Employee handbook.
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Keep a copy of the Paternity Policy for your records. A copy of the Policy will also be stored automatically in your Rocket Lawyer account ‘Dashboard’.
Important details
- The Paternity Policy incorporates legal requirements and, as a result, it’s essential that you regularly review and update the Policy. This way you ensure that you comply with your legal obligations.
- Keep records of all changes you make to the Paternity Policy. Whenever you update the Policy, keep a copy of the previous versions along with a record of when they were in place and when and how they were made available to employees.
- Remember that this Paternity Policy is not a contract and, as a result, it does not need to be signed or otherwise agreed to by your employees. You can, however, ask employees to sign an acknowledgement to show that they have seen the Policy.

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FAQs about making Paternity Policies

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What is included in a Paternity Policy?
This Paternity Policy template covers:
- what paternity leave is
- who is eligible for paternity leave
- when paternity leave can be taken
- relevant notification requirements
- statutory paternity pay (SPP)
- whether you offer enhanced paternity pay and, if so, all relevant details
- rights during paternity leave
- returning to work after taking paternity leave
Why do I need a Paternity Policy?

Adopting a Paternity Policy helps employees and managers to understand their rights and obligations in relation to paternity leave. It ensures employees are aware of their rights when they are about to become parents and provides assistance when they return to work after taking pat leave. Having a Paternity Policy encourages equality and fairness within the workplace and helps retain employees.

For more information about different types of family leave, read Family leave and rights.
What is paternity leave?

Paternity leave is a period of time during which certain employees are entitled to take time off work to care for their children. The purpose of paternity leave is for the employee to have time to care for and bond with their newborn during the early stages of parenthood.
Who can take paternity leave?
To qualify for statutory paternity leave, the employee must have parental responsibility. This means that they must have some responsibility for the child’s upbringing and must be:
- the child’s biological parent (whether or not living with the child)
- the child’s adoptive parent
- the child’s surrogate parent
- the spouse, partner or civil partner of the child’s mother, adopter or surrogate parent (this includes same-sex partners)
In addition, they must:
- be an employee under a Contract of employment (ie not be a worker or contractor)
- have been continuously employed by their employer for at least 26 weeks up to any day in the 15th week before the baby is due (note that this different where a baby is being adopted)
- give their employer notice of their leave at least 15 weeks before the child’s due date, and
- specify when they want their paternity leave to start
For more information, read Paternity leave.
When can paternity leave be taken?

Paternity leave must be taken within 56 days of the birth of a child or the expected date of birth (ie the due date) if the child is born early.

For more information, read Paternity leave.
How long is paternity leave?

Statutory paternity leave allows qualifying employees to take up to 2 weeks off work. Employees can choose to either take 1 or 2 weeks of paternity leave.

Paternity leave must be taken in one block. This means that if an employee wishes to take 2 weeks of paternity leave, they must take all of their leave in one go.

Employers can, however, offer enhanced paternity leave which lasts longer than 2 weeks. This should clearly be recorded in the Paternity Policy.

For more information, read Paternity leave.
What are an employee's rights and obligations during paternity leave?

During paternity leave, an employee’s Employment contract continues except for their pay entitlement. All other benefits must continue as normal. Employees must not be dismissed or subjected to any detriment for taking or requesting paternity leave. For example, an employee who has requested paternity leave must not be bullied or harassed or ignored for promotions as a result of their leave request.
What is statutory paternity pay?
When the pat leave starts, qualifying employees are entitled to statutory paternity pay (SPP). This is currently the lower of £172.48 a week or 90% of the employee’s average weekly earnings.

To qualify for SPP, employees must:
- be employed by their employer up to the date of birth
- have at least 26 weeks of continuous service by the end of the 15th week before the expected week of childbirth (this is known as the 'qualifying week')
- earn at least £123 a week (before tax), and
- give the correct notice (ie they must tell their employer in writing that they want to take paternity leave before the end of the qualifying week)
For more information, read Paternity leave.
What is enhanced paternity pay?

Enhanced paternity pay (also known as ‘contractual paternity pay’) is the employer’s own paternity pay scheme which goes above and beyond the statutory requirements. For example, employers may pay enhanced paternity pay at 100% of employees’ usual wages for the duration of paternity leave.

Enhanced paternity pay does not need to be paid for the whole of an employee’s paternity leave.

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About Paternity Policies

Learn more about making your Paternity Policy

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How to make a Paternity Policy
Making a Paternity Policy online is simple. Just answer a few questions and Rocket Lawyer will build your document for you. When you have all of the details prepared in advance, making your document is a quick and easy process.

To make your Paternity Policy you will need the following information:

Employer details
- What is the employer's name?
- Will the employer provide enhanced paternity pay?
If the employer offers enhanced paternity pay
- Do employees need to have a minimum period of service before they are entitled to enhanced paternity pay?
  - If so, how many months of service with the employer must employees have to be entitled to enhanced paternity pay?
- Do employees need to remain employed with the employer for a minimum period of time after returning from paternity leave to be entitled to enhanced paternity pay?
  - If so, how long after returning from paternity leave do employees need to remain employed to be entitled to enhanced paternity pay?
Other policies
- Does the employer have any of the following policies in place:
  - A Shared parental leave policy?
  - An Adoption leave policy?
  - A Parental leave policy?
  - A Flexible working policy?
  - A Data protection and security policy?
  - An Employee privacy notice?
  - A Disciplinary procedure?
- If so, are the policies available online?
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Common terms in a Paternity Policy
Paternity Policies are used to notify employees and managers about an employer’s paternity leave provisions. As a result, this Paternity Policy template covers:

Statement of policy and purpose of Policy

This section sets out why the employer has adopted the Paternity Policy. It explains that the Policy exists to ensure that all employees and managers are clear about:
- entitlements to paternity leave
- the process that should be followed for arranging leave, and
- the terms that apply during and after paternity leave
It also clarifies that the Paternity Policy does not form part of anyone’s employment contract and can, therefore, be changed at the employer’s discretion.

Definitions

This section explains what certain defined terms, which are used throughout the Paternity Policy, mean. Specifically, it clarifies that:
- ‘Expected Week of Childbirth’ means the week, starting on a Sunday, in which a doctor or midwife expects the employee’s spouse, civil partner or Partner to give birth
- ‘Partner’ means someone (whether of a different sex or the same sex) with whom the employee lives in an enduring family relationship, but who is not their parent, grandparent, sister, brother, aunt or uncle
- ‘Qualifying Week’ means the fifteenth week before the Expected Week of Childbirth
What is paternity leave and who is eligible to take it?

This section provides information on what paternity leave is (including its duration). It also sets out who is entitled to take paternity leave and highlights the right to take shared parental leave.

Timing and length of paternity leave

This section provides more information on the duration of paternity leave and on when and how it can be taken.

Giving notice of your intention to take paternity leave

This section sets out how (and when) employees should give notice of their intention to take paternity leave.

Changing the dates of paternity leave or cancelling paternity leave

This section details how employees can change the dates of their paternity leave. This includes how paternity leave can be cancelled.

Statutory paternity pay

This section details the right to paternity pay. It covers both statutory paternity pay and, if relevant, enhanced paternity pay and covers the rates at which paternity pay will be paid.

During paternity leave

This section covers how employees will be treated during paternity leave. This includes their employment contracts continuing as normal (apart from payment provisions) and when the employer may contact employees. It also identifies a contact person to whom any questions about paternity leave and/or pay should be addressed.

When you return to work

This section details employees’ return to work after paternity leave. It clarifies that employees are generally entitled to return to work in the same job and on the same terms as if they had not been absent. It also highlights when this is not the case. It further discusses how employees can request changes to their working patterns when they return to work.

Rights to leave on adoption

This section highlights the rights of certain employees to take adoption leave or shared parental leave in relation to the adoption of a child.

Data protection

This section details that the employer will process (eg use and store) employee personal data when managing employees’ paternity leave and pay entitlements. It highlights that any data will be processed under the employer’s Data protection and security policy. It further explains that any inappropriate access or disclosure of personal data amounts to a data breach, which should be reported immediately and which may result in disciplinary action under the employer’s Disciplinary procedure.

If you want your Paternity Policy to include further or more detailed provisions, you can edit your document. However, if you do this, you may want a lawyer to review or change the Paternity Policy for you to ensure it complies with all relevant laws and meets your specific needs. Ask a lawyer for assistance.
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Legal tips for making a Paternity Policy
Consider whether you want to offer enhanced paternity pay

While employers need to pay statutory paternity pay, they don’t have to provide enhanced paternity pay. However, doing so is a good way for an employer to show their workforce that they are valued and it helps to retain talent. For more information, see the FAQ ‘What is enhanced paternity pay?’.

Consider which other employment policies to adopt and implement

This Paternity Policy mentions several employment policies that you should consider making. These include:
- a Parental leave policy - covering the right to take up to 18 weeks of unpaid parental leave before a child’s 18th birthday
- a Shared parental leave policy - detailing the right that employees have to share time off work when a child is born
- an Adoption leave policy - setting out the leave and pay rights that employees have when adopting a child
- a Flexible working policy - covering the right to request flexible working arrangements
- a Data protection policy - detailing how you process (eg handle and store) personal data (eg employees’ names, addresses and medical information). This document is essential for helping employers to demonstrate their compliance with data protection obligations
- an Employee privacy notice - providing an easy-to-understand account of your data processing
- a Disciplinary procedure - outlining how any workplace disciplinary issues will be handled
There are various types of employment policies that employers should consider making to support their workforces. Some examples include:
- a Sickness policy - detailing how sickness absences are handled and providing information about sick pay
- a Maternity policy - setting out the right that certain employees have to take paid maternity leave
- a Time off for dependents policy - detailing the right to take time off work to assist dependants if they’re involved in sudden or unexpected emergency situations
For more information on different employment policies, read HR policies and procedures. For more information on family-friendly rights and policies, read Family leave and rights.

Understand when to seek advice from a lawyer

Ask a lawyer for help:
- changing an existing paternity leave policy that is contractually binding
- where allegations of discrimination are made in connection with paternity leave
- if this Paternity Policy doesn’t meet your specific needs
- if you want to offer more than 2 weeks of paternity leave
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