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DAD.info | Family | Work | Paternity Leave | Paternity leave in the UK

Paternity leave in the UK

Given that it’s the mum who gives birth, it’s perhaps unsurprising that maternity leave tends to be thought of as more important than paternity leave. But there’s growing evidence that dads’ taking time off in the early weeks and months of their children’s lives has a significant positive impact on families – probably more so than you might expect…

Contents

What is paternity leave?

The good news is that in the UK there is legal provision for childcare leave for dads (which includes adoption and surrogacy) – either through “Paternity Leave and Pay”, “Parental Leave and Pay” and “Shared Parental Leave and Pay”. You might also be eligible to apply to your employer for some “Flexible Working”, so that you can make more time available for childcare.

Be sure that you also check what’s available with your employer, who might be more generous than the statutory provisions for these – so look at your company’s Staff Handbook or the Staff Intranet, or have a word with your manager at work.

Understanding the law on paternity leave

To be eligible for paternity leave, you must take the time off to look after the child (and its mother) and you must be either the father of the child; the adopter of the child; the husband or partner of the mother (or adopter); or the intended parent (if you’re having a baby through a surrogacy arrangement).

The UK’s parenting leave allowance is based on a maternity/paternity leave model. Mums receive up to 52 weeks’ maternity leave, of which the first 6 weeks must be paid at 90% of salary and the remaining 33 weeks at a minimum statutory rate; dads get just 2 weeks’ paternity leave, paid at a minimum statutory rate (see below).

There are three types of parenting leave that governments and employers can make available to new dads and mums.

Paternity Leave and Pay – highlights (correct at November 2021)

The first type of leave is designed to be taken (normally in one block) straight after the birth of a child.  Maternity leave for mothers is intended to help them recover from the birth and establish a relationship with their newborn. Paternity leave for dads is to enable them to support the mother in the first few weeks, and also to establish a relationship with baby.

For same sex partners, the entitlement is the same.

Subject to you meeting certain eligibility criteria, you may be entitled to –

· 1 or 2 weeks’ leave.

· Is paternity leave full pay? Pay whilst you are on leave – (at April 2023) this is £172.48 per week, or 90% of your average weekly earnings, whichever is the lower amount.

· Notification dates – you will need to notify and communicate with your employer about your paternity leave, so make sure you check what these dates and timescales will be for you.

Parental Leave and Pay – highlights (correct at April 2023)

Subject to you meeting certain eligibility criteria, you may be entitled to –

· Unpaid parental leave.

· 18 weeks’ leave for each child and adopted child, up to their 18th birthday, subject to a maximum of 4 weeks for each child in any year (unless your employer’s policies allow you to take more). Weeks must be whole weeks, not days and it

doesn’t have to be taken all at once. NB. a “week” equals the length of time you normally work over 7 days.

· Notification dates – you will need to notify and communicate with your employer about your intention to take parental leave, so make sure you check what these dates and timescales will be for you.

Shared Parental Leave and Pay – highlights (correct at April 2023)

The second type of leave is parental leave, which is taken by either or both parents in order to look after the baby during its first year.

In the Nordic countries, well-paid parental leave forms the majority of the leave available to parents, and a significant proportion of it is earmarked specifically for dads in the form of a ‘daddy quota’; Sweden has increased this to 90 days.

Since 2015 eligible mothers in the UK have been able to transfer all but the first two weeks of their maternity leave to their partners (if also eligible) under so-called ‘shared parental leave’ – but dads still have no individual entitlement to parental leave, and the rate of pay remains at employers’ discretion.  

Do read through the rules for this carefully on the Gov.UK website – it’s more complicated than the Parental Leave and Pay provision, as you and your partner can decide between you how you want to organise your leave and pay so that it’s best for you both and your child.

Subject to you meeting certain eligibility criteria, you may be entitled to –

· Up to 50 weeks’ leave and up to 37 weeks’ pay, in the first year after your child is born, or placed with your family.

· Leave may be taken in one go, or in blocks with work in-between.

· Pay whilst you are on leave – (at November 2021) this is £172.48 per week, or 90% of your average weekly earnings, whichever is the lower amount.

· Notification dates – you and your partner will need to notify and communicate with your employers about your shared parental leave, so make sure you check what these dates and timescales will be for both you and your partner.

You can also talk to your employer about Flexible Working

Flexible Working – highlights (correct at November 2021)

Subject to you meeting certain eligibility criteria, you may be entitled to apply to work flexibly, to result in you having time, or more time, for childcare.

· There are various types of flexible working that might suit you, including – job sharing, working from home, part-time, annualised hours, staggered hours, flexi-time.

· Your normal pay will be altered depending upon what type of flexible working is agreed for you.

· Notification dates – you will need to notify and communicate with your employer about your application for flexible working, so make sure you check what these dates and timescales will be for you.

Employee Eligibility

You must be an employee who has worked for your employer continuously for at least 26 weeks by the end of the 15th week before the expected week of childbirth (known as the ‘qualifying week’) – or the end of the ‘matching week’ if you’re adopting. You must also have given your employer the correct amount of notice.

To qualify for paternity pay you must earn at least £120 a week (before tax). The statutory weekly rate of Paternity Pay is £172.48, or 90% of your average weekly earnings (whichever is lower). Any money you get is paid in the same way as your wages, eg monthly or weekly. Tax and National Insurance will be deducted.

Leave for Antenatal Appointments

You are also entitled to leave to attend 2 antenatal appointments with a pregnant partner if you are:

  • the baby’s father
  • the expectant mother’s spouse or civil partner
  • in a long-term relationship with the expectant mother
  • the intended parent (if you’re having a baby through a surrogacy arrangement)

You can take 6 1/2 hours, and this entitlement is immediate if you are a permanent employee, or kicks in after 12 weeks if you are an agency worker.

Why take paternity leave?

Around 90% of UK fathers take formal leave of some kind near the time of their child’s birth, although in many cases this includes some annual leave – and research shows that this brings all sorts of benefits to the family.

First, it affects mothers’ health and wellbeing. An analysis of data on more than 4,000 women from an English national maternity survey found that mums whose partners had taken no paternity leave were more likely to report feeling ill or unwell at three months, and mothers with more than one child whose partners took no leave also reported much higher rates of post-natal depression.

Secondly, dads who take paternity leave tend to do more hands-on caring for their babies. One UK study found that fathers who took formal leave were 25% more likely to change nappies and 19% more likely to feed their 8-12 month old babies and to get up to them at night. This was irrespective of their commitment to parenting before the child’s birth, or the time mothers or other family members spent with the children.

Crucially, evidence suggests that this kind of paternal involvement, if established during the early weeks, can last through to toddlerhood and beyond. In an Australian study, fathers who took 10 or more days off work around childbirth were found to be more likely to be involved in childcare-related activities when children were 2 to 3 years old, for example.

And this greater sharing of the hands-on caring during paternity leave and beyond can improve your relationship as a couple. In Norway, following an increase in fathers’ leave-taking due to the introduction of a four-week ‘daddy quota’, researchers identified an 11% lower level of conflict over household division of labour. In neighbouring Sweden, couples in which the father took more than 2 weeks to care for their first child were found to be 30% less likely to separate.

Thirdly, those whose fathers take paternity leave tend to do better. They are significantly more likely to be breastfed at two, four and six months of age, for example, and at age 3 they are less likely to have development problems.

In Sweden, an increase in fathers’ share of parental leave over time has been paralleled by a downward trend in rates of injury to children aged 0-4; in Australia, children whose dads take long leave perform better in cognitive development tests and are more likely to be prepared for school aged 4-5.

And fourthly, dads themselves can benefit.Swedish fathers who took paternity leave in the late 1970s were found to have had an 18% lower risk of alcohol-related care and/or death than other fathers, and a 16% overall reduced risk of early death.

Read more in the Fatherhood Institute Research Summary: Paternity Leave. 

Policy-wise, UK paternity leave – which was introduced as recently as 2003 – remains an afterthought, compared to our much more generous maternity leave provision. But while it’s far from financially lucrative, taking it might just keep your child safer, save your marriage and even prolong your life! So check out what you’re entitled to below… 

To make sure that you are looking at the latest provisions, and the most up-to-date information, particularly regarding amounts of time-off allowed and any pay that you might be entitled to, the best thing to do is to look at the Gov.UK website, which gives straightforward information which is always kept up-to-date:

https://www.gov.uk/paternity-pay-leave

https://www.gov.uk/parental-leave

https://www.gov.uk/shared-parental-leave-and-pay

https://www.gov.uk/flexible-working

Other trustworthy websites which are kept up-to-date with information are

ACAS https://www.acas.org.uk/

and

Citizens Advice https://www.citizensadvice.org.uk/

Find out more at the Government website

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Updated: November 2021

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