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not eligible for paternity leave

You must keep a copy. We use this information to make the website work as well as possible and improve government services. A company cannot choose whether or not to offer paternity leave to an employee as it is not a voluntary benefit. You can change your cookie settings at any time. Again, it’s unpaid and has to be taken in periods of one week but, if your partner’s health complications require you to care for children, this option may be suitable.” – Charlotte, Do you accrue holiday while on paternity leave?“Yes, all your normal rights remain the same while you are on paternity leave, other than your salary, which is reduced to statutory paternity pay. “Unfortunately, if your partner or wife has health complications, there are no specific entitlements to an extended period of statutory paternity leave. If there isn’t any information contained within that document, check if your employer has created any policies for it. If your workplace offers it, you may be eligible for paid paternity leave. We use cookies to collect information about how you use GOV.UK. Providing your company offers paternity leave, you’ll be eligible if your partner is pregnant, adopting a child, or having a baby through surrogacy arrangement.” – Paula Rhone-Adrien, family law barrister, Is there a process to follow?“If your employer has a paternity leave policy, it will give you details of how and when you should apply. Finally, if you are leaving your partner at home then make sure you have numbers such as your health visitor and GP to hand if you don’t have family or friends close by. We’ll send you a link to a feedback form. You can refuse Statutory Paternity Pay if the employee does not qualify. You have to give this to them within a reasonable time, for example 7 working days. You might be asked for evidence that you are taking leave to care for the child.” – Tabitha Cunningham, associate solicitor, “Always refer to your employment contract. However, if you are concerned about this, ask your boss beforehand.” – Paula. To help us improve GOV.UK, we’d like to know more about your visit today. This is different if the employee is adopting. “It is also possible to request discontinuous periods: for example, you both take one month off together then each return to work for alternate months. Employees must be one of the following, the: If your employee usually earns an average of £120 or more a week, and they only earned less in some weeks because they were paid but not working (‘on furlough’) under the Coronavirus Job Retention Scheme, they may still be eligible. The publisher and contributors will not be held liable for any inaccuracies and their consequences, including any loss arising from reliance on this information. SLMan spoke to leading family law barrister Paula Rhone-Adrien and associate solicitors Tabitha Cunningham and Charlotte Farrell to find out what you need to be aware of. DISCLAIMER: *This feature provides general advice about paternity leave. These regulations came into force on 1st October 2014 but are still quite unknown and many partners presume they don’t have such rights. Use the paternity pay calculator to check an employee’s eligibility and work out their relevant period, notice period and paternity pay. My DP was in a job and would have been eligible for paternity leave, but then took a new job two months ago and won't have been there long enough to qualify for paternity leave (which would have been paid, I understand). You also need to make checks when you recruit and employ someone. This rate alters every year, but is currently £151.20 per week, or 90% of your average weekly earnings if this is lower. It might help you plan the time around your baby’s arrival in advance: for example, by saving holiday or negotiating a period to work from home if you have a long commute and would like to try and avoid it for a few weeks until you’ve adjusted to a lack of sleep.” – Charlotte, How can men prepare to return to work after paternity leave?“In the current climate, you may not have to return to the office. In reality pregnant women have a lot more than two appointments so their partners will need to choose which appointments are the most important for them to attend. Register for free or login to save articles to My Favourites to refer to at a later date. All content is available under the Open Government Licence v3.0, except where otherwise stated, National restrictions in England from 5 November, Check you can afford to take on employees, Make your workplace safe and accessible for employees, Check your responsibilities around workplace pensions, Get your business ready to employ staff: step by step, Check whether you need full time or part time staff, Check the different types of employment status, Check how much the National Minimum Wage is, Find out how much National Insurance you need to pay for your employees, Check how much sick pay your employees are eligible for, Check how much you need to pay towards your employee's pension, Check how much Maternity Leave you need to pay your employees, Check how much Paternity Leave you need to pay your employees, Make your workplace accessible for employees with disabilities or health conditions, Find out what you need to check when you employ someone, If you decide to run payroll yourself, choose payroll software, Understand your pension responsibilities as an employer, Find out about Employers' Liability insurance, Coronavirus (COVID-19): guidance and support, Transparency and freedom of information releases, husband or partner of the mother (or adopter), intended parent (if they’re having a baby through a surrogacy arrangement), be employed by you up to the date the child is born (or placed with the adopter) (paternity pay only), be on your payroll and earn at least £120 a week (gross) in an 8 week ‘relevant period’ (paternity pay only), be taking time off to look after the child or their partner, be responsible for the child’s upbringing.

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