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Paternity leave and pay: overview

If you are a father-to-be or you will be responsible with the mother for bringing up a child, you could have the right to paternity leave and pay, providing you meet certain conditions. Find out what you are entitled to.

Interactive help

Tiger tools

Get a statement of your paternity rights at work

You can get personalised help on what you qualify for by using the Tailored Interactive Guidance on Employment Rights (TIGER) tool.

The tool will produce a personalised statement of the paternity leave and pay that you may qualify for, along with an interactive calendar to help you plan your leave.

Paternity leave isn't the same as parental leave, which is unpaid leave that working parents can take to look after children under the age of five, or if the child is disabled under the age of 18.

Are you entitled to paid statutory paternity leave?

To qualify for paternity pay and leave you must be an ‘employee’. If you are a ‘worker’ you will not qualify for leave but may qualify for paternity pay.

You can take statutory paternity leave if you:

  • are an employee, with a contract of employment
  • have been with your employer for at least 26 weeks by the end of the 15th week before the start of the week when the baby's due; or by the end of the week in which you are notified of being matched with your child
  • will be fully involved in the child's upbringing and are taking the time off to support the mother or care for the baby

You must also be either the:

  • biological father of the child
  • mother's husband or partner (including same-sex relationships)
  • child's adopter or the partner of the adopter

To qualify for pay you must also earn at least the lower earnings limit (LEL) for National Insurance contributions.

If you earn less than the LEL, (currently £95 a week), you have the right to unpaid paternity leave if you meet the other conditions, and could get Income Support while on paternity leave.

If you are not an employee, but are an agency worker, office holder or subcontractor, you will not normally have the right to paternity leave, but may be eligible for pay if you meet the other qualifying criteria.

What if you don't qualify?

If you don't qualify for paternity leave, your employer may be prepared to give you some time off, or you could take paid holiday.

How much paternity leave can you take?

As long as you meet certain conditions you can take either one or two weeks' paternity leave. You can't take odd days off and if you take two weeks they must be taken together.

You can choose to start the leave:

  • 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 in which the baby is expected to be born

Your leave can start on any day of the week (but not before the baby is born), but has to finish within 56 days of the baby being born or, if the baby is born before the week it was due, within 56 days of the first day of that week. You can start paternity leave after a period of parental leave has ended.

If your partner has a multiple birth, you are only allowed one period of paternity leave.

What happens if you lose your baby?

Provided you meet all the other conditions, you can still take paternity leave if the child is stillborn after 24 weeks of pregnancy or is born alive at any point of the pregnancy.

How much paternity pay you can get?

If your average weekly earnings are £95 or more before tax, Statutory Paternity Pay (SPP) is paid for one or two consecutive weeks at £123.06 or 90 per cent of your average weekly earnings if this is less.

Company schemes

Some employers have their own paternity leave arrangements - check your contract of employment. You can always choose the statutory paternity leave arrangement if this suits you better.

Rights to paternity leave are extra to your normal holiday allowance.

Time off for antenatal appointments

Fathers do not have a legal right to time off to accompany their partners to antenatal appointments as the right to paid time off only applies to pregnant employees. However, many companies recognise how important a time this is and let their employees either take paid time off or make up the time later.

What to do if you have problems

If you have trouble getting what you are entitled to, talk to your employer first of all. If you think your employer's decision not to pay you Statutory Paternity Pay is wrong, or that you are not getting the right amount, ask them for the reason. If you have an employee representative (eg a trade union official), they may be able to help.

If you still disagree, you can contact the HM Revenue and Customs Employees enquiry line on 0845 302 1479 for advice.

You may need to make a complaint using your employer’s internal grievance procedure.

If you are still unhappy, you have the right to make a complaint to an Employment Tribunal.

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