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Rights Of Working Fathers – Paternity Leave And Pay

Arthur Li, Employment Law Solicitor And All Round Nice Chap.
Arthur Li, Specialist
Employment Solicitor

If you are an expectant father you may be experiencing the excitement and anticipation that often comes with awaiting the arrival of your new baby. However, as most fathers remain the main earner, certainly in the early months after a new arrival, this can also be a time of uncertainty and worry regarding supporting your growing family – both financially and otherwise. This article takes a brief look at your rights as a working father including your right to paternity leave and paternity pay.

As a father you are entitled to paternity leave when you and your partner have a child. This paternity leave equates to 1-2 weeks leave from work. In order to qualify for paternity leave you must have remained in the same employment for at least 26 weeks by the end of the 15th weeks before your child is due to be born.

As a new father you are entitled to take up to two weeks paternity leave. If you choose only to take one week of paternity leave you are not entitled to take the other week at a later date, however, you may do so at the discretion of your employer. As soon as you know, you must inform your employer of the start date of your planned paternity leave and notify them how much time you intend to take off.

You cannot begin your paternity leave before your baby is born. The earliest date your paternity leave can start is the date of your baby’s birth. However, the leave can start later if you wish.

Notice that you wish to take paternity leave must be given to your employer 15 weeks before your baby is due to be born or, if that is not possible, as soon as you become aware that you wish to take paternity leave.

If you earn more than £102 a week you will be entitled to receive Statutory Paternity Pay. This will equate to 90% of your weekly earnings, or £128.73 whichever is lower. If you earn less than £102 per week you will not be entitled to Statutory Paternity Pay but you may be able to claim some benefits to help support you such as tax credit or income support.

You should check your contract of employment as some employers often more favourable terms than basic Statutory Paternity Pay, such as agreeing to pay you in full while on paternity leave.

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Gray Hooper Holt LLP is a firm of solicitors and is Authorised and regulated by the Solicitors Regulation Authority. Its registered office is at 6 Linkfield Corner, Redhill, Surrey, RH1 1BB and its company number is OC318445.