This factsheet is for parents of babies who were due on or after 6th April 2005, even if the baby was born before then, and parents who adopted on or after 6th April 2005. If you adopted a child see our Adoption factsheet for more specific information.

The Government has introduced a legal right to paternity leave. The right is to one week or two consecutive weeks of paid leave from work following birth or placement for adoption. The leave must be taken within 56 days of the birth or the child’s placement with you in the case of adoption. If the baby is born before its due date, leave must be taken within 56 days of the week the baby was due to be born - this gives the parents of premature babies a longer time from the birth to take the leave.

Employees who already have a contractual right to paternity leave will continue to be able to use this if the terms are betterthan the statutory paternity leave.

Who can take paternity leave?

Paternity leave (birth)

In order to be eligible employees must:

  • have or expect to have responsibility for the child’s upbringing,
  • be the biological father of the child or the mother’s husband or partner,

and

  • have worked continuously for their employer for 26 weeks leading into the 15th week before the baby is due.

Paternity (adoption)

In order to be eligible employees must:

  • be the second adoptive parent in a married couple where the other spouse is taking adoption leave or
  • partner of the child’s adopter
  • have been continuously employed for 26 weeks ending with the week in which the child’s adopter is notified of being matched with the child
  • the employee must also have or expect to have responsibility for the upbringing of the child.

In both the above, the partner is defined as a person (whether of the same or different sex) who lives with the mother or adopter in an enduring family relationship, but is not a blood relative.

Employers can ask for employees to provide them with a self-certificate as evidence that they meet these requirements. The form for this is called SC3 and is available from the Inland Revenue. Employees can choose one or two consecutive weeks (not odd days or two separate weeks). Leave can be taken:

  • from the date of the baby’s birth or placement, whenever that takes place
  • from a chosen number of weeks after the date of the baby’s birth or placement (whenever it is born/placed) or
  • from a chosen date.

Leave can start on any day of the week but must be completed within 56 days of the actual birth or placement of the child. If the baby is born early, leave must be completed within the period from the actual date of birth up to 56 days after the expected week of birth.

There is only one period of leave available even if it is a multiple birth/more than one child is placed. Paternity leave can be taken if the baby is stillborn after 24 weeks or dies after birth.

Notice periods

Paternity leave (birth)

Employees will need to inform their employers of their intention to take paternity leave by the fifteenth week before the baby is expected, unless this is not reasonably practical. If you have missed this deadline inform your employer as soon as possible, you may still be eligible.

Paternity leave (adoption)

Employees must inform their employers of their intention to take paternity leave within seven days of the adopter being notified by their adoption agency that they have been matched with a child.

Employees will need to inform their employer of:

  • the week the baby is due/child is to be placed,
  • whether they wish to take one or two weeks leave, and
  • when they want their leave to start.

Employees will be able to change their minds provided they tell their employer at least 28 days in advance (unless this is not reasonably practical).

Pay

Most employees will be entitled to Statutory Paternity Pay (SPP). It will be paid at a rate of £106 per week or 90% of average weekly earnings if this is less than £106. However, employees whose normal weekly earnings in the eight weeks ending with the 25th week of pregnancy are less than the lower earnings limit (currently £82 a week) will not qualify.

Employees will have to give their employees a completed self-certificate to show entitlement to SPP. Employers will also be able to request one as evidence of entitlement to paternity leave.

You are required to give 28 days notice of the date from which the SPP is to start. If you cannot do this, for instance because the birth was premature, you must give notice as soon as reasonably possible. To claim SPP, you must provide in writing to your employer a declaration of your entitlement, your name, the Sunday to Saturday dates of the week the baby is due (and birth date if birth has already occurred), date from which you wish to start SPP, and whether you want one or two weeks of SPP. The Inland Revenue has produced a document which can be used to do this. There is no equivalent of Maternity Allowance for fathers so if you are self employed you will not be able to receive anything.

Additional financial help may be available from Income Support, Housing Benefit, Council Tax Benefit, Tax Credits, or a Sure Start Maternity Grant.

Other rights to take leave

In addition, there are two other legal rights which may be useful to fathers, Emergency Family Leave and Parental Leave. Please see our factsheet Time Off for more information on these.

Flexible Working

More and more fathers are requesting flexible working so they can better balance work with family life. If you are interested in requesting a flexible working pattern then see our Flexible Working factsheet or call our helpline.

Taking Matters further

You employer should not prevent you from taking leave, or asserting your rights in circumstances where you are entitled to them. You must also not be subject to less favourable treatment by your employer because you have taken leave or asserted rights to which you are entitled.

If you want to take matters further because you have been treated less favourably, you should raise a formal grievance with your employer. Under legislation recently introduced you may not make most claims in the Employment Tribunal (and you may face a financial penalty if a case reaches the Tribunal) if you have not beforehand raised a formal grievance and waited 28 days. The legislation says that, in most cases, and at the minimum, you must put the reasons for the grievance in writing to your employer, you must meet and discuss the complaint if your employer arranges a meeting and you must appeal your employer's subsequent decision if you are not satisfied with it. You should use your employer's grievance procedure, if there is one, provided that it is similar to the minimum process described above. Further information on the new legislation is available at

If you are dismissed because you have asserted a right, then you should appeal against your dismissal in your employer's disciplinary procedure. If you cannot appeal because your employer has not used a disciplinary procedure or the appeal is unsuccessful you can bring a tribunal claim.

Normally, you must make your claim to the Tribunal within 3 months less one day from the date that you were refused your request for leave, treated less favourably or dismissed. This deadline is extended by three months in some cases of less favourable treatment if you make a written grievance within the normal time limit for making a claim. However, an extension of the deadline cannot be obtained for all types of claims- therefore the safest course of action is to raise your grievance within 2 months of the event you wish to complaint about, wait 28 days then submit your Employment Tribunal claim within 3 months of the event in question.

Before making a claim we advise that you seek the advice of a solicitor or your trade union. If you are not a member of a union you will have to fund the case yourself. You may have cover for legal costs as part of your home insurance or you may be able to find a solicitor who works on a "no win, no fee basis".

Tribunals do not normally make one side pay the other's costs. However they can do this where a claim never had any chance of succeeding or where bringing a claim was "vexatious". One reason it is important to have a qualified legal representative is that they will be able to advise on this.

For Further Information

Working Families
offers free confidential legal and practical advice to parents on a low income.
Call us on 0800 013 0313 – calls are free.

Working Families has published Daddy’s Home – a life planner for fathers which offers advice and case studies from real dads who have changed their working patterns

Fathers Direct
Call 020 7920 9491 or
email .
Visit their website on

Equal Opportunities Commission
offers advice and publications on sex discrimination and how to bring your case to an employment tribunal.
Advice line: 0845 601 5901
Email: or
visit the website at

Citizens Advice Bureau
You can find out where your nearest Citizens Advice Bureau is through the National Association of Citizens Advice Bureaux Advice from the CAB is available at

Working Families operates a complaints procedure to ensure any complaints are dealt with thoroughly and fairly. If you would like to have details of the procedure or to make a complaint please contact the Chief Executive at Working Families.

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