Source: XpertHR quick reference Date: 11-07-2011 Publisher: XpertHR

Length of paternity leave

TOPICS:
terms, conditions and employee rights working time and leave


An employee who is:

  • the biological father of a child;
  • the mother's husband, civil partner or partner; or
  • the husband, civil partner or partner of the child's adopter,

and who has, or expects to have, responsibility for the child's upbringing may qualify for a period of ordinary paternity leave and a period of additional paternity leave. 

Type of leave Leave entitlement Leave to be taken
Ordinary paternity leave (birth) 1 or 2 consecutive weeks within the period of 56 days beginning with the child's birth, or, if the child is born prematurely, within the period beginning with the child's birth and ending 56 days after the first day of the expected week of childbirth
Additional paternity leave (birth) between 2 and 26 weeks within the period beginning 20 weeks after the child's birth and ending 12 months after that date
Ordinary paternity leave (adoption) 1 or 2 consecutive weeks

within the period of 56 days beginning with the date on which the child is placed for adoption, or, in the case of a child adopted from overseas, within the period of 56 days beginning with the date on which the child enters Great Britain

Additional paternity leave (adoption) between 2 and 26 weeks within the period beginning 20 weeks after the date of the child's placement for adoption and ending 12 months after that date, or, in the case of a child adopted from overseas, within the period beginning 20 weeks after the date on which the child enters Great Britain and ending 12 months after that date

Where an employee has given his employer notice of when he intends to begin and end his additional paternity leave, the employer must respond in writing within the next 28 days confirming the additional paternity leave start and end dates. A calculator is available as part of the additional paternity leave and pay workflow (birth situation) on Liveflo, to calculate whether or not the employee's intended start and end dates of additional paternity leave are permissible. 

XpertHR provides answers to FAQs on paternity leave:

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