Paternity

Paternity leave, with pay, is available to the partners of new mothers and adopters of babies and children.

Who is entitled?

Paternity benefits are available to the:

  • biological father
  • husband of the mother
  • partner* of the mother 
  • spouse of the adopter 
  • partner* of the adopter.    

*A 'partner' is termed a non-blood relative living with the mother/adopter in a family relationship, regardless of gender.

Who is covered?

All employees are covered if they have worked for their employer for 26 weeks by the fifteenth week before the expected week of childbirth, or 26 weeks by the date of notification of placement. Statutory paternity pay is £102.80 per week (as at April 2004) or 90 per cent of your average weekly earnings if less than the lower earnings limits (£79 as at April 2004).

Ante-natal classes

The Government is currently looking into the possibility of legislating for partners to have the right to attend ante-natal appointments. At the moment, any time off to attend ante-natal appointments will be at the employer's discretion.

Notification

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You should notify your employer of your wish to take paternity leave by the fifteenth week before the expected week of childbirth.
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You should notify your employer of your wish to take paternity leave by the fifteenth week before the expected week of childbirth. If you are adopting, you should notify your employer of your wish to take paternity leave within seven days of the notification of placement.

You must provide a Paternity Certificate to your employer ­ this is a written statement that you are entitled to take paternity leave and includes the above information. Your employer may have a locally produced form for this.

Starting paternity leave

Paternity leave can start:

  • on the actual day of the child's birth or the next working day
  • a day falling a specified number of days after the birth, whenever that occurs
  • a pre-determined fixed date after the expected week of childbirth.    

If you are adopting, paternity leave can start:

  • on the actual day of the child's birth or the next working day
  • a day falling a specified number of days after the birth, whenever that occurs
  • a pre-determined fixed date after the placement.    

You may vary the start of your paternity leave by giving 28 days' notice. Leave must be taken within 56 days of birth/placement.

Taking paternity leave

Your entitlement to paternity leave is two weeks. You are entitled to take this as either a one-week block or one two-week block.

Local arrangements

You may wish to discuss with your employer the possibility of being paid paternity pay at the normal salary rate. Although this is not in the legislation, employers do have the discretion to increase the amount of paternity pay paid. Employers may also be flexible about how paternity leave is taken and may, for example, allow one week to be taken at the time the child is born and the second week to be taken a few weeks later.

Parental leave

Parents entitled to paternity leave are also entitled to parental leave.

Help and support

For further advice on this issue, ATL members can speak to their school rep, their branch secretary or their regional official. They can also call the London (020 7930 6441), Cardiff (029 2046 5000) or Belfast office (02890 327 990) or email info@atl.org.uk.

For out of hours enquiries, call the out of office hours helpline on 020 7782 1612 (Monday-Friday, 5-8pm during term time).

If you are not a member, join now.

Further information

Resources