Paternity leave – what is it and why does it matter?

Having a baby or welcoming a child into your home is likely to be one of the biggest milestones in a person’s life. Becoming a parent through whatever means, be that pregnancy, surrogacy, or adoption, is the start of a new journey that few people are ever fully prepared for.

Thankfully, here in the UK both men and women are entitled to some time off work to help them adapt and adjust to the new family dynamic (and the lack of sleep!).

However, while the employment law around maternity leave is broadly understood, many employers are still unsure about the legislation surrounding paternity leave.

Here Katie Ash, Head of Employment Law explains what fathers are entitled to and why businesses need to place as much importance on supporting men in the workplace, as they do women.

 

What is paternity leave and why does it matter?

“Paternity leave is really important”, Katie explains. “Not only does it allow an employee to spend important bonding time with their new child, but it also means that they are able to provide support to their partner. Most employers understand and respect that, but it’s not uncommon for there to be some confusion over what men are legally entitled to vs what is an ‘employee benefit’.”

 

Who is entitled to paternity leave?

“Only someone who is legally classed as an employee is entitled to statutory paternity leave,” Katie clarifies. “They must also have been employed continuously by the same employer for a period of time. Currently, that is at least 26 weeks up to any day in what is known as the ‘qualifying week’, which is technically 15 weeks from when the baby is due.”

Katie adds that in order to be entitled to paternity leave, the employee must have, or expect to have, responsibility for the child's upbringing, or care of their partner. That means that they must either be the child's father, or they must be in a relationship with the mother or birth parent – be that through marriage, or as a civil partner or partner.

She continues: “The same rules apply for same-sex couples, however the eligibility criteria are different for adoption and surrogacy, so it’s important to seek legal advice to ensure you are aware of the legal facts.”

 

How long is paternity leave?

Katie says that while someone who is entitled to statutory paternity leave can take 2 weeks, many companies offer enhanced paternity packages.

“By law, an employee can choose to take 1 or 2 weeks. Previously, if the employee wanted to take 2 weeks, the weeks had to be consecutive. Changes to Statutory Paternity Leave in April 2024, mean that an employee can take the 2 week entitlement in two separate blocks of one week in the first year of birth or adoption of their child. In addition, employees now only need to give 28 days’ notice of their intention to take paternity leave. 

 

What rights does someone on paternity leave have?

In the same way that the law protects women on maternity leave, Katie explains that it also protects men on paternity leave, or planning to take paternity leave – for example, overlooking them for promotion, or reducing their hours.

“If an employee believes they've experienced detrimental treatment or been dismissed because of paternity leave, they can raise this with their employer, and if they feel that their concerns have not been listened to it can lead to more formal proceedings.

As with everything in employment law, it is far easier and more cost effective to put appropriate plans in place to protect your employees and your business, rather than deal with a complaint or grievance.

Likewise, offering a good, supportive paternity package is far more likely to result in loyal, happy staff members, which also helps to alleviate some of the pressure that comes with recruitment.”

Banner Jones is continually up to date with the latest on paternity rights and are able to support companies looking to ensure they are compliant with the latest employment legislation, and which are considering introducing enhanced paternity packages.

 

Campaigners are hoping for reform

The UK has the least generous Paternity Leave in Europe, just 14 days if dads meet certain criteria but 20% of dads don't and they aren't entitled to anything at all following the birth of their child. Katie Ash, features in this recent Calendar News item about why people are campaigning for legal reform.