Paternity leave and maternity or adoption support leave
Employees seeking one or two consecutive weeks' paternity leave and pay have statutory rights and responsibilities.
Employees cannot take paternity leave in odd days, but they can split two weeks paternity leave into two separate blocks of one week each. It is pro-rata for part-time employees.
Eligibility
Birth
An employee can take paternity leave to care for the child or support their partner who gave birth. They must take it within 52 weeks of the birth of the child.
To qualify, an employee must:
- have been continuously employed for at least 26 weeks by the end of the 15th week before the expected week of childbirth. It includes where they would have satisfied this condition but:
- the child was born before the end of that 15th week
- was stillborn after 24 weeks of pregnancy
- has died
- be the child's biological father and has, or expects to have, responsibility for the child's upbringing
- be the person that gave birth's husband, civil partner or partner (but is not the biological father). They must expect to have primary responsibility, apart from that of the person that gave birth, for the child's upbringing
- have formally provided 28 days notice to the employer of the date(s) on which they intend to take paternity leave
- where applicable, have produced evidence supporting the claim for paternity leave
For these purposes, 'partner' in relation to the person that gave birth, means a person who lives with the person that gave birth and the child in an enduring family relationship, but is not a relative.
Adoption within the UK
An employee can take paternity leave when caring for the child or supporting the child's adopter. To qualify, an employee must:
- have been continuously employed for 26 weeks by the end of the week in which the adopter is formally notified that they have been matched with a child for adoption:
- be the spouse, civil partner or partner of the child's adopter. They must expect to have the primary responsibility, apart from any responsibility of the adopter, for the child's upbringing
- have formally notified their employer of the date on which they intend to take paternity leave
- where applicable, have produced evidence supporting the claim for paternity leave
For these purposes, in relation to a child's adopter:
- partner - means a person who lives with the adopter and the child in an enduring family relationship but is not a relative of the adopter
- relative - means the adopter's parents, grandparents, siblings, aunt or uncle
Adoption from overseas
An employee can take paternity leave to care for a child adopted from overseas or supporting the child's adopter. To qualify, an employee must:
- have been continuously employed by us for a period of not less than 26 weeks, either:
- ending with the week in which the child's adopter received official notification from the relevant domestic authority
- or, commencing with the week in which their employment began. This covers the possibility that the official notification may have been received a year or more before the child enters the UK, and the employee may have changed employer in this time.
- be the spouse, civil partner or partner of the child's adopter. They must expect to have the primary responsibility, apart from any responsibility of the adopter, for the child's upbringing
- have formally notified their employer of the date on which they intend to take paternity leave
- where applicable, have produced evidence supporting the claim for paternity leave
For these purposes, in relation to a child's adopter:
- partner - means a person who lives with the adopter and the child in an enduring family relationship but is not a relative of the adopter
- relative - means the adopter's parents, grandparents, siblings, aunt or uncle
- official notification - means written notice issued by, or on behalf of, the relevant domestic authority saying either:
- it is prepared to give a certificate to the overseas authority concerned with the adoption of the child
- it has issued a certificate and sent it to that authority, confirming that the adopter is eligible to adopt and are a suitable adoptive parent
An employee is not entitled to take paternity leave if they have already taken any shared parental leave regarding the same child.
Surrogacy
An employee can take paternity leave if having a child through a surrogacy arrangement. To qualify, an employee must:
- qualify as the 'legal parent' of the child and eligible for a parental order
- have been continuously employed for at least 26 weeks by the end of the 15th week before the expected week of childbirth. It includes where they would have satisfied this condition but:
- the child was born before the end of that 15th week
- was stillborn after 24 weeks of pregnancy
- has died
- have formally notified their employer of the date on which they intend to take paternity leave
- where applicable, have produced evidence supporting the claim for paternity leave
Notification requirements
Birth (including surrogacy births)
Employees intending to take paternity leave must complete the paternity leave and maternity adoption support leave form:
- by the end of the 15th week before the expected week of childbirth (EWC), or
- as soon as is reasonably practicable
Employees must specify:
- the EWC or, if the birth has already occurred, the date of the child's birth
- whether the pregnant employee wishes to take one or two weeks' leave
- when the period of leave will start
Adoption from within the UK
Employees adopting within the UK must give notice in writing of their intention to take ordinary paternity leave. The notice should be no later than seven days after the adoption agency notifies them of their match with a child. The notice must specify:
- the date they expect the child to be placed for adoption
- the date the employee intends to start paternity leave
- the length of the intended paternity leave period
- the date on which the adoption agency notified them of having been matched with the child
Adoption from overseas
Eligible employees intending to take paternity leave must notify their employer of:
- the date on which the child's adopter received the official notification
- the date they expect the child to enter Great Britain
They must give notice:
- within 28 days of the adopter receiving their official notification
- within 28 days of the date on which they complete 26 weeks' continuous service, if this is later
Employees must then, or subsequently, give us at least 28 days' advance notice of:
- when they want their paternity leave to start
- the length of the intended paternity leave
Employees must inform their manager of the date the child entered Great Britain within 28 days. In all cases, employees may change their paternity leave dates providing they give 28 days' notice.
Employees should give notice to their manager if they intend to take shared parental leave (SPL) immediately after paternity leave. They should provide notice:
- at the same time they provide notice for paternity leave, or
- at least eight weeks before they intend their SPL to start
If they wish to take paternity leave and SPL concerning the same child, they will take their paternity leave first.
Commencing paternity leave
Birth
Employees can choose to start their paternity leave on any day of the week from:
- the date of the baby's birth
- an agreed number of days or weeks after the date of the baby's birth
- an agreed number of days after the expected week of childbirth
Employees must complete the leave:
- within 52 weeks of the baby's actual date of birth
- if the baby is born early, within 52 weeks after the expected week of birth
An employee is only entitled to one period of leave irrespective of the number of babies born in the same pregnancy. This leave is up to two weeks and can be taken in separate blocks of one week each. An employee may change their leave dates by giving 28 days' notice, unless not reasonably practicable.
Adoption, fostering and surrogacy
Employees can choose to start their paternity leave on any day of the week from:
- the date of placement
- an agreed number of days after the date of placement
- the date the child arrives in the UK or an agreed number of days after (for overseas adoption)
- the day the child is born or the day after for surrogate parents
In all adoptions, employees must have taken their paternity leave within 56 days of the placement date.
Pay entitlement
Statutory Paternity Pay is:
- a rate set by the Government for the relevant tax year, or
- 90 per cent of the employee's average weekly earnings, if this figure is lower than the Government's fixed weekly rate
Employees may be entitled to receive Statutory Paternity Pay if they:
- have been continuously employed by us for at least 26 weeks by the end of the 15th week before the child is due. In the case of adoption, it is at least 26 weeks by the relevant or matching week
- have average weekly earnings of over the lower limit for National Insurance contributions
- are still employed at the time of taking paternity leave
SPP is treated earnings and subject to PAYE and National Insurance deductions.
Statutory Paternity Pay can start from any day of the week from the date the employee begins their paternity leave.
Time off for antenatal appointments
Partners can take unpaid time off for up to two antenatal appointments. They must have a qualifying relationship with a pregnant woman or an expected child. The right to time off is capped at six-and-a-half hours on each occasion.
An employee has a qualifying relationship with a pregnant woman or their expected child if they:
- are the husband or civil partner of the pregnant woman
- live with the pregnant woman in an enduring family relationship. This excludes her parent, grandparent, siblings, aunt, or uncle
- are the father of the expected child
- are an intended parent in a surrogacy situation. They need to meet certain conditions (for example, a potential applicant for a parental order in respect of the expected child)
The employee must notify their manager if they require leave to accompany their partner to an appointment. The employee must give as much notice as possible. They may request annual leave or flexi-time for the time off work.
Time off to attend adoption appointments
Employees who are adopting a child are entitled to take time off to attend adoption appointments.
Where an employee is part of a couple adopting a child, one of them may attend up to five adoption appointments. We will pay for this time off. The other can elect to take unpaid time off to attend up to two adoption appointments.
The appointments must have been arranged by or at the request of the adoption agency. Employees must take this time off before the date of the child's placement for adoption. Managers may ask employees to prove the date and time of appointments (for example, a letter or email from the adoption agency).
Maternity or adoption support leave
Under NJC conditions, we will grant five days maternity support leave or adoption support leave to the partner or nominated carer of the primary adopter at or around the time of placement. A nominated carer is the person nominated by the primary adopter to assist in the care of the child and to provide support to the primary adopter at or around the time of the placement.
The entitlement to maternity or adoption support leave is five days or one week in any 12-month period. All arrangements for maternity or adoption support leave will need to be agreed between the employee and their line manager, via completion of the paternity leave and maternity adoption support leave application form. The form will need to be countersigned by the pregnant woman or adoptive parent nominating the employee requesting leave as the prime provider of care. Managers may request evidence of the birth or adoption, for example, a copy of the MATB1 (maternity certificate).
Employees taking maternity or adoption support leave who also qualify for paternity leave, will be entitled to:
- one week’s maternity or adoption support leave at full pay, and
- one week’s ordinary paternity leave at SPP rates
Maternity or adoption support leave is separate from parental leave. It is pro rata for part timers.