Thousands of new parents to benefit from huge change to paid leave rules – can you get extra time off?
THOUSANDS of new parents will benefit from a huge change to paid leave rules next month.
The Department for Business and Trade is shaking up rules for fathers eligible for statutory paternity pay and leave.
The change will reduce the deadline fathers need to meet to give notice and give them more flexibility when they choose to take time off.
Under the current rules, eligible fathers can take two weeks of paid leave if they’ve worked for their employer for a certain amount of time and earn above a threshold.
Those intending to take leave must give 15 week’s notice before the expected week of childbirth (or week of adoption).
Fathers can only take one continuous block of paternity leave of either one or two weeks and must take this within the first eight weeks (56 days) after birth.
However, on March 8, The Paternity Leave (Amendment) Regulations 2024 will come into force, creating more flexibility for paternity pay and leave for fathers of children born on or after April 6, 2024.
These changes will mean:
- The notice period to request leave is reduced to 28 days before the expected week of childbirth – down from 15 weeks.
- Fathers can pick between taking their leave in two non-consecutive weeks.
- Fathers can take leave at any point in the first year after birth or adoption
- The new rules apply to an expected date of birth of April 6, 2024.
We’ve explained everything you need to know about statutory paternity pay below.
How long is paternity leave in the UK?
Men are entitled to paternity leave if their partner is having a baby, adopting a child or having a baby through a surrogacy arrangement.
They can choose to take either one or two weeks. However, the amount they receive will not change if their partner has multiple births.
Dad’s must take their leave in one go.
One week equals the number of days they would usually work in a normal working week.
For example, a week would be three days if they only work Monday, Wednesday and Thursday.
They can also get time off to accompany their partner or the surrogate mother to two antenatal appointments.
If adopting a child, they can get time off to attend two adoption appointments after they have been matched with a child.
Who’s eligible for statutory paternity pay and leave?
To be eligible, you must be taking time off to look after the child and be one of the following:
- The father
- The husband or partner of the mother (or adopter) – this includes same-sex partners
- The child’s adopter
- The intended parent (if you’re having a baby through a surrogacy arrangement)
You need to meet extra conditions to qualify for leave and pay.
To qualify for paternity leave you must:
- Be an employee
- Give the correct notice
- Have been continuously employed by your employer for at least 26 weeks up to any day in the “qualifying week”
The “qualifying week” is the 15th week before the baby is due.
But this will be different if you adopt.
Fathers must have worked for their employer continuously for at least 26 weeks to receive paternity pay by the end of the “qualifying week”.
To qualify for paternity pay, you must:
- Be employed by your employer up to the date of birth
- Earn at least £123 a week (before tax)
- Give the correct notice
- Have been continuously employed by your employer for at least 26 weeks up to any day in the “qualifying week”
You can still get Paternity Leave or Pay if your baby is:
- Stillborn from 24 weeks of pregnancy
- Born alive at any point during the pregnancy
How do I claim paternity leave and pay?
YOU'LL need to claim paternity leave and pay through your employer at least 15 weeks before the baby is due.
You can do this by filling in an online form (previously called form SC3) on the government’s website.
Once you have completed the form, you must download or print it and send it to your employer.
But do check if your employer has their own form. If they do, use that instead.
Be aware that the rules and forms are different if you adopt.
You’ll need to include the due date, when you want your leave to start, and if you want one or two weeks leave
You do not need to give proof of the pregnancy or birth.
You can then use the paternity planner on the government’s website to find out when you need to claim paternity leave by.
How much can I get?
The statutory weekly rate of paternity pay is £172.48 or 90% of your average weekly earnings and is based on whichever is lower.
Any money you get is paid the same way as your wages, for example, monthly or weekly.
Tax and National Insurance will be deducted as normal.
Dads will usually be paid when they’re on leave, but their employers must confirm the start and end dates.
Fathers could get more pay if their employer has a company paternity scheme.
Employers can’t offer you less than the statutory amounts.