Who's eligible and how do I get it?

If you are an employee and expecting a baby you could be entitled to paternity leave. Here we go through how you qualify for it, and how you get it.

Who is eligible?

The basics
If you've been with your employer since the baby was conceived, you're eligible - just tell your manager or HR department by the 25th week of pregnancy

Basically, if you have been employed by the same employer since before your partner became pregnant, you'll probably be eligible for paternity leave - but you'll need to still be employed by them when the baby is born.

The precise criteria are:

• you must have a contract of employment (most agency workers and contractors are not eligible)
• you must have been working for the same employer for 26 weeks by the end of the 15th week before the beginning of the week the baby is due (translation - about when the baby was concieved)
• you must be either the biological father, or the mother's father or partner (counts for same-sex couples too)
• you will be involved in the care of the child and are taking time off to care for the baby or support the mother

NB. If you changed jobs very shortly before the pregnancy, you will need to check the dates.

Some employers have better eligibility terms than these so always check your contract or speak to their HR department.

How to get it

To take paternity leave you must give your employer written notice around week 25 or 26 of pregnancy.

Employers have to consider late notice and have to be reasonable about accepting it, so if you are late, give notice as soon as you can.

Your notice to your employer must say:

• when the baby is due

• whether you want to take one or two weeks leave and pay
• when you want your leave to start
• that you are the father of the child or the mother's husband or partner

Your employer might ask you to fill in a form which asks you for all this information.

What if you're not eligible?

If you don't qualify for paternity leave you have a few options:

1. you can take unpaid emergency leave to be at the birth (this is a legal right)
2. you can take unpaid leave
3. you can take annual leave

• Paternity leave: how long and how much?
• Paternity leave: what if I'm self employed?

Author

Catherine Rogan has worked for Working Families' advice service for four years. She runs the e-dads service where dads can receive advice on working rights by e-mail or text message on 07800 00 4722. She lives in Surrey with her partner and one son.

Your experiences

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