Changes to Statutory Paternity Leave: All Employers Need to Know

Before 6th April 2024:

Before 6th April 2024, the two weeks of paternity leave for fathers or partners could only be taken in one continuous block of either one week or two weeks. This parental leave had to be taken within the first 8 weeks after the child’s birth.

After 6th April 2024:

Paternity leave legislation states that eligible employees are now entitled to take one or two weeks of paternity leave with pay, amounting to £184.03 per week starting from 7 April 2024. This parental leave can be taken consecutively or non-consecutively upon the birth or adoption of a child, or within 52 weeks of the event.

Let’s take a look in more detail…

The paternity leave entitlement is 2 weeks.

The entitlement to paternity leave applies to employees who have worked for their employer for at least 26 weeks by the end of the ‘qualifying week’.

The qualifying week is 15 weeks before the baby’s due date. For example, if an employee requested statutory paternity leave for their partner’s baby due on 11th November 2024, if we count 15 weeks back from his date, the start of the qualifying week is 28th July 2024. To be eligible for paternity leave the employee would need to have 26 weeks service by the end of this week.

To take paternity leave the employee must be one of the following:

• The child’s father
• Married to/civil partner of/partner of the mother. The entitlement to paternity leave applies to same-sex partners.

Please note: The employee does not have to reside in the same home as the birth parent, if the relationship has broken down or they live separately, as long as they have ongoing parental responsibility for the child, they will have paternity rights to take parental leave.

The entitlement to paternity leave of two weeks can be taken as two weeks in one go or two blocks of one week.

A week for paternity leave purposes is in accordance with the normal working days an employee works in a week. For example, if the employee works 3 days a week, one week of paternity leave will be 3 days.

Paternity leave cannot start before the child’s birth and must be taken within 52 weeks of the child’s birth.

When do employees need to notify their employer? 

Before the end of the qualifying week, the employee should submit a paternity leave request to their employer in writing that their baby is due, that they wish to take leave, and when the child is due. They are not required to tell the employer when they wish to take their paternity leave at this stage.

28 days before the employee wishes to take their paternity leave, they must inform their employer. If they wish to take their leave in two blocks of one week, 28 days’ notice is required before each period of paternity leave. 

Paternity leave notice should be issued in writing- email is also acceptable. 

An employee can change their date of paternity leave if they wish to do so they should provide 28 days’ notice. 

How should the employer respond?

The employer should respond to the request for paternity leave in writing within 28 days and confirm the notice requirements if the employee needs to change the date of their paternity leave. This will help both the employee and the employer to prepare.

Statutory Paternity Pay (SPP) rates:

Statutory Paternity Pay (SPP) rates change annually. An employee is entitled to the current SPP pay rate for each week of their paternity leave or 90% of their average weekly earnings, whichever is lower.

If the employer has a contractual paternity pay entitlement over and above the minimum rate, this should be paid to the employee according to their contract of employment.

What notice and qualifying service is required to receive SPP?

The notice and qualifying service required to receive SPP is the same as the eligibility required for paternity leave i.e., 26 weeks of service at the qualifying week and 15 weeks’ notice given to the employer.

To receive SPP the employee’s average earnings must meet the lower earnings limit, which usually changes each year. The reference period to work out the average earnings to assess eligibility for SPP is based on the 8 weeks before and ending any day during the qualifying week.

Please note, that there may be circumstances where an employee may not be entitled to SPP but may still meet the criteria for statutory paternity leave. If an employee is not entitled to SPP the employer should notify them in writing.

Our experts can advise you on all current pay rates.

If a baby is stillborn (from 24 weeks) or born alive at any point during pregnancy, the entitlement to paternity leave and pay is unaffected.

Employees have the right to return to their jobs after their paternity leave. 

They must also be kept informed of any job opportunities or any company decisions or activities that may affect their job, such as restructures or redundancies. 

Employers should not subject someone to detriment for exercising their right to paternity leave or pay, such as withholding wages or passing over for promotion. 

If an employee were dismissed due to exercising their paternity rights to leave or pay, this would qualify as an automatic unfair dismissal and may also give rise to claims for discrimination.

The Paternity Leave (Bereavement) Bill is progressing through Parliament toward potential legislation. If approved, the Bill will grant a bereaved father or partner 52 weeks of leave within the first year of their child’s life or adoption, starting from the day the mother or primary adopter passes away.

This year, several legislative changes are expected in employment law, along with the introduction of new employee rights. Recent adjustments have been made to carers’ leave, flexible working, and holiday regulations. Additionally, the upcoming General Election could further complicate the employment law landscape. Here are some key upcoming changes already in force:

• The Carers Leave Changes
• New Rules for Flexible working 
• Holiday Pay Calculations Changes

For all paternity leave legislation or any family-related legal queries, our experts are on hand to assist. Our team advises on all aspects of the full range of employment law issues for businesses and employers and will be happy to discuss your needs with you.

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