Under the statutory provisions can an employee take less than a week's paternity leave?
An employee who is entitled to take paternity leave may not take less than a week's leave. In relation to paternity leave for the birth of a child, reg.5(1) of the Paternity and Adoption Leave Regulations 2002 (SI 2002/2788) states that "an employee may choose to take either one week's leave or two consecutive weeks' leave in respect of a child". Regulation 9(1) makes the same provision in respect of paternity leave for adoption. The employee may take one week or two consecutive weeks of paternity leave but not single days or less than a week's duration. An employer is not liable to pay statutory paternity pay to an employee in respect of any pay week during any part of which the employee works for the employer (s.171ZE(5) of the Social Security Contributions and Benefits Act 1992).