Embarking on the journey of fatherhood is a transformative experience, brimming with moments of pure joy and new challenges. However, while we often hear about the importance of maternity leave rights for mothers, the conversation around paternity leave remains somewhat quieter. Here we cover eveything paternity leave, including when to request and hand in your paternity leave form.
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A Practical Guide to Navigating Paternity Leave: With Expert Tips from Katie Ash, Head of Employment Law at Banner Jones
By Katie Ash – Banner Jones
Katie has over 18 years’ experience in dealing with all aspects of HR and employment law matters and is a longstanding member of the Employment Lawyers Association.
Katie acts for both employers and individuals and has a wealth of experience in representing clients before the Employment Tribunal, the Employment Appeal Tribunal, the Court of Appeal and in mediation, including judicial mediation.
Taking paternity leave offers fathers a crucial opportunity to establish a strong and enduring connection with their newborns right from the start. This early bonding not only fosters a sense of security and trust but also contributes positively to the child’s overall development.
Additionally, being present to provide both physical and emotional support to new mothers proves invaluable at a time when even the greatest pf partnerships can be put under strain with lack of sleep and a new little one in the house.
Embracing shared responsibilities in childcare sets the stage for an equitable partnership in parenting for you both, establishing a harmonious family dynamic, where both parents’ needs are both at home and in their careers. Moreover, paternity leave has been shown to have significant benefits for mental well-being for both parties. It serves as a vital respite, reducing stress levels and contributing to enhanced mental health for both the father and their partner.
Being involved in those early days of care of the baby can be transformative, instilling a profound sense of confidence in your own parenting abilities and giving you time to bond with your new baby. This newfound assurance, especially for first time dads, radiates positivity and enriches the entire family dynamic.
This Paternity Leave guide aims to shed light on the essential aspects of paternity leave, offering expectant dads a succinct, yet comprehensive overview. Understanding your rights and responsibilities during this pivotal time is paramount. That’s why, in this guide, Katie Ash, Head of Employment Law at Banner Jones, imparts invaluable advice to help dads seize the full potential of this precious period.
What is Paternity Leave:
Paternity leave is a government-supported benefit that grants fathers or the mother’s partner the right to take either one or two weeks off work following the birth of a baby.
Who’s Eligible for Paternity leave?:
Katie Ash Banner Jones: Only individuals officially recognised as eligible employees have the right to statutory paternity leave. Moreover, they must maintain continuous employment with the same employer for a specified duration. Currently, this means that they have to have been employed for at least 26 weeks up to any day within what is known as the ‘qualifying week’, which technically means the week 15 weeks prior to the expected due date of your new child.
For new employees who have not completed the 26 weeks of uninterrupted employment it is still worthwhile speaking with your employer about the fact you’re your partner is expecting a baby as there may be potential to take some leave, even if this is as unpaid leave or holiday.
For an employee to be eligible for paternity leave, they must either already have, or anticipate assuming, responsibility for the child’s upbringing or providing care for their partner. This encompasses individuals who are either the biological father or are in a committed relationship with the mother or birth parent, whether through marriage, civil partnership, or domestic partnership.
These criteria apply uniformly for same-sex couples. However, it’s imperative to note that the eligibility prerequisites vary for cases of adoption and surrogacy. Seeking legal advice is crucial to ensure a clear understanding of the legal stipulations.
What Is Paternity leave Pay
Katie Ash Banner Jones:
As per legal requirements, if an employee qualifies for statutory paternity leave, their employer is obliged to provide statutory paternity pay. Based on 2023 figures (the amount increases each year), the level of pay someone will receive on paternity leave is determined by the lower of the following two options:
- £172.48 per week; or
- 90% of
average weekly earnings
Choosing Your Paternity Leave:
Katie Ash Banner Jones: Those eligible for statutory paternity leave have the option of taking either one or two weeks off. It is a legal provision that mandates this time to be utilised within the initial 56 days of the baby’s life. If an employee opts for the two-week duration, these weeks are required to be taken consecutively. Additionally, it’s worth noting that many companies go above and beyond the statutory requirements by offering enhanced paternity packages, so it is always worth checking your employer’s paternity leave policy and / or speaking to your manager.
Your Rights and Protections:
Katie Ash Banner Jones: Just as the law safeguards women during maternity leave, it extends the same protections to men on paternity leave or those intending to take it. This includes safeguarding them against actions like bypassing them for promotions or reducing their working hours. If an employee believes they’ve faced adverse treatment or even dismissal due to their paternity leave, they have the right to raise the issue with their employer. If their concerns aren’t addressed, this can escalate to more formal proceedings, including a claim in the employment tribunal.
How to Fill Your Paternity Leave Form
To initiate this process, you can begin by filling out a paternity leave form. Your employer may have their own paternity leave form (so best to check with them), but if they don’t, there is an online application form on the Gov website. This used to be known as form SC 3. Once you’ve completed the paternity leave form, it’s important to either download or print it for submission to your employer.
Please note that if you’re in the process of adoption, there are distinct rules and corresponding forms for you to complete on the Gov website (though, again, its worth speaking with your employer about their requirements).
When submitting your request, ensure to include the following details:
- The baby’s anticipated due date.
- The preferred commencement date for your leave, whether it’s on the day of the birth or a week after.
Whether you intend to take one or two weeks of leave.
You don’t need to provide proof of pregnancy or birth to your employer during this process.
Proactive Steps for a Smooth Paternity Leave:
Plan Ahead:
Discuss your plans with your employer early and ensure there’s a clear plan in place, so when you hand in your paternity notification form and it comes to taking your paternity leave you can feel happy and confident in closing off to the world and enjoying your family time without added work stress or worry.
Create a Supportive Environment:
Talk openly with your partner about how you can best support each other during this transition. Share your hopes, concerns, and expectations so you’re your both on the same page and can work together as a team.
Maximizing Your Paternity Leave Experience:
Use this period to build a strong bond with your baby. Get involved in feeding, nappy changes, and those precious moments of cuddling.
Balancing Work and Family Life:
It’s important to recognise that this is a time of adjustment, so set realistic expectations for yourself. Communicate with your employer about your needs and explore any flexible working arrangements that may be available if this is something you feel you and your family would benefit from.
Is Change Ahead For Paternity Leave?
The United Kingdom provides a relatively modest paternity leave policy in comparison to its European counterparts. Eligible fathers can only take up to 14 days of leave under specific conditions. However, because of the conditions attached to paternity leave, almost 20% of fathers have no entitlement to leave following the birth of their child.
This issue has prompted various advocacy groups and individuals to campaign for legal reform. They argue that extending paternity leave can have substantial benefits, including fostering stronger familial bonds, providing critical support to partners, and promoting overall family well-being.
Katie Ash, Head of Employment Law at Banner Jones, featured in a Calendar News segment, shedding light on the criteria and limits of paternity leave. Navigating paternity leave is a unique experience for every dad. Armed with the right knowledge and support, you can make this time truly memorable for you, your partner, and your new addition to the family.
Terminology
Parental Leave
Parental leave is the legal right to unpaid take time off work for employees to look after their child’s welfare. Each employee is entitled to 18 weeks’ leave (per child) in the first 18 years of the child’s life. You can only take 4 weeks off each year and any leave take must be taken in whole weeks. You can’t take it as individual days (unless your child is disabled and you receive certain benefits from the government).
Parental Leave
Parental leave is the legal right to unpaid take time off work for employees to look after their child’s welfare. Each employee is entitled to 18 weeks’ leave (per child) in the first 18 years of the child’s life. You can only take 4 weeks off each year and any leave take must be taken in whole weeks. You can’t take it as individual days (unless your child is disabled and you receive certain benefits from the government).
Maternity Leave
Maternity leave is a period of time during which a pregnant employee takes a break from work to give birth, recover from childbirth, and care for their newborn. It is available to all employees, who are able to take up to 52 weeks off work.
Paternity Leave Form
A paternity leave form is a formal document provided by an employer or government agency (online form) that allows eligible employees to formally request and document their intention to take paternity leave. It serves as an official record of the employee’s request and provides necessary details about the leave period.
We hope this article on when to request and hand in your paternity leave form and more has helped yourin your journey to fatherhood.
Paternity leave form