Paternity leave
New changes in Paternity Leave Legislation
The Current Legislation
Essentially eligible employees whose partner is having a baby (or adopting a child or having a baby through a surrogacy arrangement) are entitled to the following.
Entitlement – 1 or 2 weeks’ paid paternity leave. Must be taken together in a block of either 1 or 2 weeks (if 2 weeks, must be taken consecutively)
Flexibility – Must be taken within the first eight weeks of birth/adoption placement.
Notice – Employers must be given notice at least 15 weeks before the baby’s due date of the intention date to start statutory paternity leave and the duration (or within 7 days of being matched with a child for adoption).
Variation – The start date of the employee’s leave can be changed if the employer is given at least 28 days’ notice
Paternity Pay – weekly rate of £172.48 or 90% of average weekly earnings, whichever is lower.
For more information – Please see the following link for specific rules https://www.gov.uk/paternity-pay-leave which include details such as the right of the employee to unpaid time off work to attend up to 2 antenatal appointments.
Upcoming Legislation
Expected to come into force on 8 March for parents of a baby/adopted child expected after 6 April
Entitlement – Leave can be taken as two, one-week-long, independent blocks. They do not have to be consecutive.
Flexibility – Leave can be taken at any point within the first year after the birth/adoption.
Notice – Eligible fathers/partners only need to give at least 4 weeks’ notice of their intention to take leave (although the notice period for domestic adoption cases remains within 7 days of being matched with a child for adoption).
Variation – Any dates specified for leave to be taken can be varied if the employer is given at least 28 days’ notice of the variation.
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