What information must an employee applying to take statutory additional paternity leave provide?

NOTE: The right to additional paternity leave and pay is available only to parents of children who were due on or before 4 April 2015, or adoptive parents of children placed for adoption (or in the case of overseas adoptions whose child enters Great Britain) on or before 4 April 2015. Additional paternity leave is replaced by shared parental leave.

In a birth situation, the employee must give the employer at least eight weeks' notice of his or her additional paternity leave, specifiying the start and end dates, the expected week of childbirth and the child's actual date of birth. At the same time, he or she must give the employer two written declarations, one by the employee and one by the child's mother. The employee's declaration must state that:

  • the purpose of the leave is to care for the child;
  • the employee is the child's father, or is married to, or the partner or civil partner of, the child's mother; and
  • the employee has, or expects to have, the main responsibility (apart from any responsibility of the child's mother) for the upbringing of the child.

The mother's declaration must state:

  • her name and address;
  • the date that she intends to return to work;
  • her national insurance number;
  • that the employee is the child's father, or is the mother's spouse, partner or civil partner;
  • that the employee has, or expects to have, the main responsibility (apart from any responsibility the mother has) for the upbringing of the child;
  • that the employee is, to the mother's knowledge, the only person exercising the right to take additional paternity leave in respect of the child; and
  • that she consents to the employer processing this data.

The employer can request that the employee provide a copy of the child's birth certificate. It can also ask for the name and address of the mother's employer (or her business address if she is self-employed).

In an adoption situation, the employee must give the employer at least eight weeks' notice of his or her additional paternity leave, specifying the start and end dates, the date of notification of the match for adoption and the date of the placement of the child for adoption. At the same time he or she must give the employer two written declarations, one by the employee and one by the child's adopter. The employee's declaration must state that:

  • the purpose of the leave is to care for the child;
  • he or she is married to, or the partner or civil partner of, the adopter; and
  • he or she has been matched with the child for adoption.

The adopter declaration must state:

  • the adopter's name and address;
  • the date that the adopter intends to return to work;
  • the adopter's national insurance number;
  • that the employee is married to, or the partner or civil partner of, the adopter; and
  • that the adopter consents to the employer processing this data.

In addition, the employer can request evidence in the form of documents issued by the adoption agency showing: the name and address of the adoption agency; the date that the employee was matched with the child; and the expected date of placement. It can also ask for the name and address of the adopter's employer (or the adopter's business address if he or she is self-employed).

In relation to an adoption from overseas, the employer can request a copy of the official notification document and evidence of the date on which the child entered Great Britain. It can also ask for the name and address of the adopter's employer (or the adopter's business address if he or she is self-employed).