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Paternity leave

Paternity leave is one of the basic family friendly rights that often crops up in the workplace. The rules on paternity leave raise some tricky issues in practice that employers need to understand.
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Paternity leave is the right for a father, partner of a pregnant woman, surrogate parent or someone who has been matched with a child by an adoption agency, with 26 weeks' service as an employee, to take up to 2 weeks' leave in one block. The leave must be taken within 56 days of the birth of a child or within 56 days of the expected date of birth if the child is born early .

Expectant fathers, or partners of expectant mothers (and surrogate parents from 6 April 2015) are also entitled to unpaid time off work to attend up to 2 antenatal appointments (up to a maximum of six and a half hours each) regardless of the length of time they have worked for an employer.

Employees who earn more than a set amount (currently £120 before tax) are entitled to Statutory Paternity Pay (SPP) at a fixed statutory rate during ‘ordinary paternity leave’ (OPL) (£151.97 a week) or 90% of the average weekly earnings, whichever is lower.

Whether such employees will receive SPP during ‘additional paternity leave’ (APL) depends on when exactly the mother or adopter returned to work (ie whether they had any remaining entitlement to statutory maternity or adoption pay when they returned to work).

During paternity leave, the Employment contract continues except for pay, and all benefits must continue as normal.

Employees must not be dismissed or subjected to detriment for taking or requesting paternity leave. Consider introducing a Paternity policy which will help managers and staff to understand the paternity leave rights and obligations, and ensure that the policy includes references to your Data protection policy and Employee privacy notice - a statement describing how you collect, use, retain and disclose personal information. For further information, read Data protection and employees.

Anyone with parental responsibility can take paternity leave. This means they must have some responsibility for the child’s upbringing and be: 

  • the child’s biological parent (whether or not living with the child)

  • the child’s adoptive parent

  • the child’s surrogate parent, or 

  • the spouse, partner or civil partner of the child’s mother, adopter or surrogate parent

In general, OPL gives rise to few complex legal issues. 

Holiday continues to accrue during paternity leave. It is risky to prevent employees carrying forward accrued holiday if the holiday year-end falls during their paternity leave, as the law is unclear on this matter.

Pensions is also a very tricky area. Pension contributions should be maintained during paid paternity leave. It is not clear whether pension contributions must be made during OPL.

Take care to adjust performance and bonus targets, where appropriate, to avoid unfairly penalising employees on paternity leave. Pro-rating is normally acceptable. Do not reduce bonuses that are not dependent on work performed because of paternity leave (eg loyalty bonuses and some Christmas bonuses).

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