Updating author:Marc Meryon

On this page:
Summary
Future developments
Action point checklist
Key references
Questions and answers
The right to statutory paternity leave
Entitlement to paternity leave (birth)
Notice of intention to take paternity leave (birth)
Entitlement to paternity leave (adoption within the UK)
Notice of intention to take paternity leave (adoption within the UK)
Entitlement to paternity leave (adoption from overseas)
Notice of intention to take paternity leave (adoption from overseas)
Timing of paternity leave
Statutory paternity pay
Rights during paternity leave
Return to work after paternity leave
The right to statutory adoption leave (adoption within the UK)
Notice of intention to take adoption leave (adoption within the UK)
The right to statutory adoption leave (adoption from overseas)
Notice of intention to take adoption leave (adoption from overseas)
Timing of adoption leave
Disrupted adoption
Work during the adoption leave period
Statutory adoption pay
Statutory rights during and after adoption leave
Early return to work after adoption leave
Dismissal and victimisation

Summary

3.964

• The right to paternity leave arises in relation to biological children, children adopted from within the UK and children adopted from overseas. (See 3.966 The right to statutory paternity leave)
• An employee who is the biological father of a child, or the mother's husband, civil partner or partner, and who has been continuously employed for 26 or more weeks by the end of the 15^th week before the child's expected week of birth, has the qualified right to take either one week's or two consecutive weeks' paternity leave. (See 3.967 Entitlement to paternity leave (birth))
• An employee who is the spouse, civil partner or partner of an individual who has adopted a child (or who is one of a couple who have jointly adopted a child) under the law of any part of the UK, and who has been continuously employed for 26 weeks ending with the week in which notification of the adoptive match occurs, has the qualified right to take either one week's or two consecutive weeks' paternity leave. (See 3.969 Entitlement to paternity leave (adoption within the UK))
• An employee who is the spouse, civil partner or partner of an individual who has adopted a child (or who is one of a couple who have jointly adopted a child) from overseas, and who has 26 weeks' continuous employment, ending with the week the official notification of eligibility was received or since the start of his or her employment, has the qualified right to take either one week's or two consecutive weeks' paternity leave. (See 3.971 Entitlement to paternity leave (adoption from overseas))
• Only one period of paternity leave is available, 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. (See 3.966 The right to statutory paternity leave)
• Eligible employees intending to exercise their right to paternity leave must notify their employer of the intended start date by the end of the 15^th week before the expected week of childbirth. In the case of a child adopted within the UK, notification must be within seven days of the date on which notification of the adoptive match occurred, and in the case of a child adopted from overseas, within 28 days of receipt of the official notification of eligibility for adoption. (See 3.968 Notice of intention to take paternity leave (birth), 3.970 Notice of intention to take paternity leave (adoption within the UK), and 3.972 Notice of intention to take paternity leave (adoption from overseas))
• An employee who is notified that he or she has been newly matched with a child for adoption, or who is one of a couple who are jointly notified that they have been matched with a child for adoption, has the conditional right to take up to 26 weeks' ordinary adoption leave, followed immediately by up to 26 weeks' additional adoption leave. The right to statutory adoption leave is also available to an employee who has adopted, or who is one of a couple who have adopted, a child from overseas. (See 3.977 The right to statutory adoption leave (adoption within the UK) and 3.979 The right to statutory adoption leave (adoption from overseas))
• To qualify for adoption leave an employee must have been continuously employed for 26 weeks or more by the end of the week in which he or she is formally notified of having been newly matched with a child for adoption. In the case of a child adopted from overseas, the employee must have 26 weeks' continuous employment ending with the week the official notification was received or commencing with the week his or her employment began. (See 3.977 The right to statutory adoption leave (adoption within the UK) and 3.979 The right to statutory adoption leave (adoption from overseas))
• The adoption leave period may begin from the date of the child's placement for adoption (whether this is earlier or later than expected), or from a predetermined date which can be up to 14 days before the expected date of placement. In the case of a child adopted from overseas, the adoption leave period may begin on the date the child enters Great Britain or from a predetermined date that is no later than 28 days after this date. (See 3.981 Timing of adoption leave)
• Where agreed between the employer and employee, the employee can carry out up to 10 days' work for the employer during the adoption leave period without bringing the adoption leave to an end. (See 3.983 Work during the adoption leave period)
• Employees have the right not to be victimised, dismissed, selected for redundancy or subjected to any other detriment for exercising their right to paternity or adoption leave, or for questioning or challenging their employer's alleged infringement of that right. (See 3.987 Dismissal and victimisation)

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Future developments

3.965 Additional paternity leave: In May 2009, the Government confirmed that its proposal to introduce additional paternity leave and pay is under review due to the current economic conditions.