Paternity Leave Employers Guide

Paternity leave in the UK is an essential legal provision that ensures fathers and partners are able to take time off work to care for their newborn or newly adopted child. As an employer, it is important to understand your legal obligations and the rights of employees regarding paternity leave. This guide will cover everything you need to know about paternity leave, including eligibility criteria, statutory requirements, and how to manage the process within your organisation.

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Paternity Leave Employers Guide (1)

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What is Paternity Leave?

Paternity leave allows fathers, same-sex partners, and adoptive parents to take time off work following the birth or adoption of a child. It is designed to enable new parents to bond with their child and support their partner. UK law provides statutory paternity leave for eligible employees, which is a separate entitlement from maternity and adoption leave.

Statutory Paternity Leave

Statutory paternity leave in the UK provides partners with the right to take time off work. To qualify, the employee must meet specific criteria set by UK employment law.
Employees are entitled to:

  • One or two consecutive weeks of leave, depending on their choice.
  • The leave must be taken within 56 days of the child’s birth or placement for adoption.

The leave is paid, although the amount an employee receives will depend on statutory paternity pay rates and your company’s policies.

Statutory Paternity Leave
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Eligibility Criteria for Paternity Leave in the UK

To be eligible for paternity leave in the UK, employees must:

  1. Have worked for you for at least 26 continuous weeks by the 15th week before the baby is due or, for adoption, by the date the child is placed.
  2. Be the biological father of the child or the partner of the mother or adopter.
  3. Be taking the leave to care for the child and support the mother or adopter.

In some cases, if the employee does not meet these criteria, they may not be entitled to statutory paternity leave but could still request unpaid leave. Statutory paternity leave pay is subject to specific rates set by the government. The rate is usually either £172.48 per week (as of 2024) or 90% of the employee’s average weekly earnings, whichever is lower. This is known as Statutory Paternity Pay (SPP). Employees may be entitled to additional paternity pay, depending on your company’s policies. However, statutory paternity pay is the minimum legal requirement for all eligible employees.

How Long is Paternity Leave in the UK
How Long is Paternity Leave in the UK?

Paternity leave in the UK typically lasts for one or two consecutive weeks, regardless of whether the employee has a single child or twins. The employee must take this leave in full weeks and cannot split it up over time. For employers, it is important to ensure that employees understand how long paternity leave lasts and when they must take it. The leave must be taken within 56 days of the child’s birth or adoption placement.

Shared Paternity Leave
Shared Paternity Leave

Shared paternity leave, more commonly known as Shared Parental Leave (SPL), allows parents to share up to 50 weeks of leave and up to 37 weeks of pay following the birth or adoption of their child. This flexibility allows both parents to decide how to divide the leave between them. For example, an employee may choose to take an initial two weeks of statutory paternity leave and then opt for shared parental leave to extend their time off.

When Does Paternity Leave Start?

Employees can choose when to start their paternity leave. It can begin:

  • On the day the baby is born or the adoption placement occurs.
  • A set number of days after the birth or placement.
  • From a specific date after the birth or placement.

It is important to note that the leave must be completed within 56 days of the birth or placement date. Employers should ensure that employees provide the appropriate notice for their leave.

Paternity Leave Form

Employees must give you notice of their intention to take paternity leave by filling out a paternity leave form. This should be done at least 15 weeks before the expected week of childbirth or adoption placement. The form must include:

  • The employee’s chosen start date for paternity leave.
  • The length of time they wish to take (one or two weeks).
  • Confirmation that they are eligible for the leave.

Having a clear process for handling these forms will make it easier to manage paternity leave requests and ensure compliance with UK law.

Paternity Leave Unpaid

In some cases, employees may not be eligible for statutory paternity leave or pay, but they could still request unpaid paternity leave. Employers are not legally required to provide unpaid paternity leave unless it is part of a company’s internal policies. However, allowing unpaid leave can be a goodwill gesture, showing support for employees during an important life event.

Statutory Paternity Leave: Employer Obligations

As an employer, you are legally obliged to offer statutory paternity leave to eligible employees. This means ensuring that your policies comply with the law and that employees are aware of their entitlements. Some key responsibilities include:

1

Ensuring employees can take the full leave entitlement.

2

Providing statutory paternity pay or more if your company offers enhanced benefits.

3

Maintaining the employee’s job security during their time off.

4

Supporting employees returning from paternity leave with any necessary workplace adjustments.

Paternity Leave and Company Policies

While statutory paternity leave and pay are mandated by UK law, many companies choose to offer enhanced benefits. This could include additional paternity leave, higher rates of pay, or more flexible leave arrangements. Having clear, written policies on paternity leave can help employees understand their rights and plan their time off accordingly. It is also beneficial to review your company’s paternity leave policies regularly to ensure they are in line with current laws and reflect any changes in the workplace or family dynamics.

Supporting Work-Life Balance

Offering paternity leave for men is a significant step towards fostering a more supportive and family-friendly work environment. It demonstrates that your company values the well-being of its employees and is committed to promoting a healthy work-life balance. Encouraging male employees to take paternity leave can also have a positive impact on workplace culture. It shows that fathers and partners are encouraged to take an active role in parenting, which can lead to greater job satisfaction and retention.

How to Apply for Paternity Leave

Employees should notify their employer of their intention to take paternity leave by completing the appropriate paternity leave form and providing notice at least 15 weeks before the baby is due. For adoption, the notice should be given no later than seven days after being notified of the match. The employee must also confirm the date of the child’s birth or adoption placement once known. Having an efficient process in place for handling paternity leave requests will ensure that your organisation complies with legal requirements and supports employees in planning their time off.

Paternity Legal Rights

The legal rights for men and same-sex partners regarding paternity leave are clear in the UK. They are entitled to the same leave and pay, provided they meet the eligibility criteria. Employers must ensure that male employees are informed of their rights and how to apply for paternity leave. For men, paternity leave offers an opportunity to be more involved in the early stages of parenthood, and companies should support this by providing clear policies and processes.

Integrated HR & Payroll Solutions

As an employer, it is essential to understand the legal framework surrounding paternity leave in the UK. Offering clear and supportive policies not only helps employees but also contributes to a more engaged and loyal workforce. By providing statutory paternity leave, offering enhanced benefits where possible, and maintaining open communication with employees, your company can ensure compliance and foster a positive working environment for all. PayEscape can help you manage paternity leave, pay, and other HR needs with ease, ensuring your business stays on track and fully compliant.

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