Gone are the days when new dads hung around outside delivery rooms, disappeared off to the pub to wet the baby’s head and then popped straight back to work.  

Most men want to be as hands-on as possible in the early days to bond with the baby and support their partner.  So are you entitled to any time off work and will you get paid for it?  Here’s a quick run-down of your rights:

What is Statutory Paternity Leave?

If you qualify, you are entitled to take either one or two weeks off after your baby’s birth.  You cannot take odd days off or split the two weeks; if you take two weeks you must take them together.  

What is Statutory Paternity Pay?

You are not legally entitled to receive salary for any weeks taken as Paternity Leave but could get Statutory Paternity Pay.  This is currently £124.88 per week or 90 per cent of your average weekly earnings – whichever is lower.  You’ll pay tax and National Insurance as you do with your regular wages. 

When can I start my Leave?

You can choose to start your leave on the day the baby’s born or at any time during the first few weeks following the big day.  Your leave must finish within 8 weeks of the birth.  You never know, you might secretly enjoy the peace and quiet of being back at work! 

Do I qualify for paid Statutory Paternity Leave?

You can get paid Paternity Leave if you meet all the following conditions:

• You must be an employee with a formal contract of employment.
• Count 15 weeks back from your baby’s estimated due date to find the ‘qualifying week’.  To qualify for Paternity Leave, you must have been working for the same employer continuously for at least the 26 weeks leading up to this ‘qualifying week’.
• You must be earning an average of at least £97 a week (before tax). 
• You need to give your employer at least 28 days’ notice (in writing is best) of when you want to start receiving your Statutory Paternity Pay. 
• You must be the biological or adoptive father OR you must be the mother’s husband/partner and committed to helping care for the child.

What if I don’t qualify?

If you earn less than £97 a week, you are still entitled to unpaid Paternity Leave - as long as you meet the other conditions. 

• You could get Income Support while on Paternity Leave. 
• If you are not an employee, but are an agency worker, office holder or sub contractor, you will not normally have the right to Paternity Leave, but may be eligible for Paternity Pay if you meet the other qualifying criteria. 
• If you don’t qualify for Paternity Leave, your employer may still give you some time off, or you could take paid holiday.  Some employers even have their own paternity leave arrangements - check your contract.  You can always choose the statutory arrangement if this suits you better. 

Unfortunately fathers do not have a legal right to time off for antenatal appointments like scans but your employer might agree to extra time off especially if you offer to make up the time later. 

What if my rights are being denied?

Talk to your employer first of all.  If you have an employee representative such as a union rep, they may be able to help.  If this doesn’t work, you may need to make a complaint using your employer’s internal grievance procedure.  If you’re still unhappy, you can make a complaint to an Employment Tribunal.

Where to get further help

For more information on paternity rights, visit www.direct.gov.uk.