Paternity leave & pay
05 April 2012
If you are an expectant dad (or second mum!) and have been employed since just before your partner became pregnant you could be entitled to Paternity Leave when your baby arrives.
Before the baby is born
Expectant dads are not legally entitled to time off to support their partner during antenatal appointments. However, most employers now realise how important it is and if you ask, may allow you to take time off to attend if you make the time up elsewhere.
Ordinary Paternity Leave (OPL) who's eligible
New dads, or partners responsible with the mother for bringing up the baby, are entitled to take either one or two weeks consecutive time off to support the mother or care for the baby after the birth. Your entitlement is dependant on your employment status and duration, you must be classed as an 'employee' and have been employed at the start of the 26th week before the 15th week before the baby is due (or to put it simply, 41 weeks before your partner's due date). Ordinary Paternity Leave is in addition to your contracted holiday entitlement so you shouldn't lose any of your annual holiday.
If you don't qualify you could still take parental leave but this would be unpaid. You would need to let your employer know 21 days before the week that you're baby's due that you expect to take parental leave for the birth. This date is not set in stone for births so if you have given the correct notice you can still take your parental leave and be at the birth even if your baby arrives early (or late!).
The same rules apply if you're adopting a child but the criteria for employment status and duration apply from the end of the week you're notified that you're matched with a child.
When can you take your leave
Ordinary Paternity Leave has to be taken in one go and not spread over different weeks or taken in odd days, and has to end before your baby is 56 days old.
If you want to take Paternity Leave, much the same as your partner's Maternity Leave, you must give your employer notice at least 15 weeks before the beginning of the week your baby is due. You should confirm details of when your baby is due, if you want to take one or two weeks off and when you want it to start. You must also declare that you are entitled to Paternity Leave because you are the father of the child, or partner of the mother in a long term relationship and that you intend to support the mother or look after the baby during your leave. If your employer requests notice in writing you can fill in a Form SC3 (Becoming a parent) which works as a self-certification, download one from the Direct.gov.uk website here.
How much do you get?
Paternity pay is not considered a benefit so unfortunately is taxed in the normal way."
This time is paid by your employer at a statutory weekly flat rate of £135.45, or 90% of your average weekly earnings if you earn less than this weekly flat rate (but you must earn at least the Lower Earnings Limit of £107 per week for Tax Year 2012-2013 to be entitled to the lower amount). Your gross pay is used to work out the amount of your Ordinary Paternity Pay (OPP). Unfortunately because OPP is viewed as replacement earnings for an employment income and is not considered a state benefit it will be subject to tax and National Insurance in the usual way.
However, bear in mind that this is the statutory amount and your employer may be more generous than this and pay more money or give more time off.
You should give your employer at least 28 days notice of the date you would like your OPP to start.
Additional Paternity Leave
Since April 2011, as a father or partner, you can now swap up to six months worth of leave with your child's mother, called Additional Paternity Leave, it means you can be more involved in bringing up your children from the get-go and still be entitled to the same rights as the mother.
These new rules now give families the flexibility you need to plan how you want family life structured. Find out more in our article on Additional Paternity Leave (APL) about what the new rules are and how you might want to plan your time off with your new baby.