Paternity Leave Rights

As a male employee, you will qualify for statutory paternity leave on the birth of your baby if you:

  • have (or expect to have) responsibility for the baby's upbringing
  • are the biological father of the baby and/or the mother's husband or partner (including same-sex partner or civil partner).

In order to be entitled to paternity leave, you must:

  • have at least 26 weeks' continuous employment ending with the 15th week before the expected week of childbirth.
  • be working for your employer from the qualifying week up to the date of birth. If your contract ends before the birth, you do not qualify for leave unless you go on to work for an associated employer. If your contract ends after the birth, you retain your right to leave (and pay if you qualify). 
  • have notified your employer of your intention to take paternity leave
  • be taking the time off to support the mother and/or care for the baby.

If you meet the conditions above, you can take either one or two weeks' paternity leave (where a week is a period of seven days). You cannot take individual days off and if you take two weeks, these must be taken consecutively.

The period of leave can begin either on the day the baby is born, or a number of days or weeks after the baby is born, or from a specific date after the first day of the week in which the baby is expected to be born.

If you believe that your paternity rights are being compromised, or you simply want more information about your rights, Ashby Cohen can help you. We specialise in employment law cases, and our years of experience as employment lawyers make us uniquely qualified to assist you with any paternity leave issues you may have. Please contact us for an initial free consultation.

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