Dads have rights too!
Wondering what paternity leave rights your partner has after your new baby is born, and if you can transfer any of your maternity leave to him?
At a glance
- Dads can take 1-2 weeks paid paternity leave
- If mum decides to go back to work early, dad can take up to 26 weeks paid leave
- Employment rights are fully protected during paternity leave
Just like mums, dads have various rights in the workplace when they have a new baby.
Although dads do not have the right to paid time off before their baby is born, (such as for antenatal appointments) if they have been with their current employer continuously for at least 26 weeks by the end of the 15th week before the baby is due, they are entitled to paternity leave.
The statutory weekly rate of Paternity Pay is £156.66, or 90% of your average weekly earnings (whichever is lower).
What he can claim
You can choose to take either 1 or 2 weeks. You may also be eligible for Shared Parental Leave (SPL).
Your partner will need to take all his Paternity Leave in one go, and it must end within 56 days of your baby being born. A week is calculated in terms of the days he would usually work (so if his working days are Wednesday, Thursday and Friday, then his 'week' would consist of three days).
You can share up to 50 weeks of leave and up to 37 weeks of pay between you.
You need to share the pay and leave in the first year after your child is born or placed with your family.
Dads whose employers have implemented a company paternity scheme might get a more generous amount of leave than the statutory amount, but they can't be offered less.
What his rights are
It's also worth remembering that while your partner is off work on paternity leave, their employment rights are fully protected, and legally, they cannot miss out on pay rises or accrued holiday. You can find out more about paternity pay and leave on the government website.