Paternity Leave

Male employees qualify for statutory paternity leave on the birth of their baby if they:

  • 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, they must:

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

If your employees meet the conditions above, they can take either one or two weeks' paternity leave (where a week is a period of seven days). They cannot take individual days off and if they 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 require further more detailed advice regarding paternity leave entitlements and procedures, Ashby Cohen can help you. We specialise in employment law, 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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