Paternity Leave 

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Paternity Leave

Summary

Under the Paternity & Adoption Leave Regulations 2002, employees have the qualified right to take either one week's paternity leave or two consecutive weeks' paternity leave within 56 days of the child's date of birth. That same qualified right extends to the parents of a child placed (or expected to be placed) with them for adoption. Most employees will also be entitled to statutory paternity pay (SPP) during their absences from work on paternity leave.

Statutory Paternity Pay

An eligible employee will qualify for SPP during his or her absence from work on paternity leave if he or she has average weekly earnings equal to or greater than the current Lower Earnings Limit (LEL) for National Insurance contributions (NICs) purposes. That LEL is £97 per week, as from 4th April 2010. Statutory paternity pay is payable at the same standard rate as statutory maternity pay (SMP), ie £124.88 per week (from 4th April 2010) or 90% of the employee's average weekly earnings at the time, whichever is the lower of those amounts. Employers who have lawfully paid SPP to an employee will (as is the case with payments of SMP) be able to recover an amount equal to 92 per cent of the amount paid by deducting it from PAYE tax and NICs routinely remitted to the Inland Revenue at the end of each income tax month. Small employers (the total of whose NICs did not exceed £45,000 during the preceding tax year) will, on the other hand, be able to recover 100 per cent of the amount of SPP paid, plus a further 4.5 per cent to recoup the additional NICs paid on such payments. These figures are reviewed every year.

Key Facts

• To qualify for paternity leave (birth), an employee must have been continuously employed for 26 or more weeks by the end of the 15th week before the mother's EWC and have (or expect to have) responsibility, or the main responsibility for the child's upbringing.
• To qualify for paternity leave (adoption), an employee must have been continuously employed for 26 or more weeks by the end of the week in which the adopter was notified that he or she had been matched with a child for adoption.
• An employee who qualifies for paternity leave may take either of one week's leave or two consecutive weeks' leave (one or the other). There is no provision for paternity leave to be taken in instalments.
• Only one period of paternity leave is available. This rule applies even if more than one child is born as the result of the same pregnancy or if more than one child is placed with an individual or couple for adoption under the same arrangement.
• To exercise their right to paternity leave, eligible employees must inform their employers of their intentions (in writing, if so requested) either by the end of the 15th week before the mother's EWC or, in the case of a child's expected placement for adoption, within seven days of the adopter or adopters being notified by an adoption agency that he or she has been matched with a child for adoption.
• Paternity leave (birth) must be taken in full within 56 days of the child's date of birth or, if the child was born prematurely, within the period starting from the actual date of birth up to 56 days after the mother's EWC, even if childbirth occurred sooner or later than expected.
• Paternity leave (adoption) must be taken in full within 56 days of the date on which the child was placed with the employee or his or her wife, husband or partner (whether placement occurred sooner or later than expected).