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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 15th 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
15th 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)
Back to top
Future developments
3.965 Additional paternity leave: On 15 September 2009, the
Government confirmed that it intends to go ahead with plans to allow fathers to
benefit from up to six months' additional paternity leave if the mother returns
to work before the end of the maternity leave period to which she is entitled.
On 25 September 2009, the Government launched Choice for families:
additional paternity leave and pay - consultation on draft Regulations (PDF
format, 687K) (on the BIS website)). |
