Paternity leave and pay

An employee qualifies for paternity leave of up to two weeks and pay provided they meet certain conditions:

• the biological father of the child
• 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)
• has, or expects to have, responsibility for the child's upbringing

A partner includes the spouse or civil partner of the pregnant woman and a person, of either sex, in a long-term relationship with her. The right applies whether the child is conceived naturally or through donor insemination.

In addition, they must:

• Have at least 26 weeks' continuous employment with you ending with the 15th week before the expected week of childbirth (EWC) - the qualifying week.
• Be working for you from the qualifying week up to the date of birth. If their contract ends before the birth, they do not qualify for paternity leave - unless they go on to work for an associated employer. If their contract ends after the birth of the baby, they retain their right to paternity leave (and pay if they qualify).
• Have notified you of their intention to take paternity leave - see employee notification of paternity leave - births.
• Be taking the time off to support the mother and/or care for the baby.

However, an employee will not qualify for paternity leave if they have previously taken shared parental leave in respect of the child.

You should treat the employee as having the necessary length of service if:

• the baby is born earlier than the 14th week before the EWC
• the birth hadn't occurred early, the employee would have been employed continuously by you for the 26 weeks

If you think the employee does not qualify for paternity leave and they dispute this, contact the Labour Relations Agency (LRA) Workplace Information Service on Tel 03300 555 300.

For more information on how much paternity leave eligible employees can take and when their leave can start, see the start and duration of paternity leave - births and surrogacy births.

For information on how eligible employees should notify you that they intend to take paternity leave, see employee notification of paternity leave - births.

Multiple births and paternity leave

Paternity leave remains at two weeks regardless of the number of children resulting from a single pregnancy.

Stillbirths and paternity leave

If an employee's wife or partner gives birth to a stillborn baby, they are still entitled to paternity leave - but only if the birth happens after 24 weeks of pregnancy.

Death of mother

The employee is still entitled to paternity leave if they would have been entitled to it but for the fact that the mother of the baby has died.

Miscarriage and paternity leave

Where a pregnancy ends before 24 weeks and the child does not survive, the father (or mother's spouse, civil partner, or partner) will not be eligible for paternity leave. They may take sick leave, or you could consider allowing them to take annual leave, compassionate leave, or unpaid leave instead.

Death of baby during or after the day of birth

If the baby is born alive but then later dies, the employee is still entitled to paternity leave. Bereaved parents are also entitled to up to 2 weeks of absence within the 56 weeks following the death of a child through parental bereavement leave. This leave can be used immediately before or after paternity leave or at any time within the 56-week period. See Parental Bereavement Leave and Pay.

Enhanced paternity leave

If you wish, you can have enhanced paternity leave arrangements to attract and retain employees, which are more generous than the statutory entitlements.

For example, you may consider allowing all employees to take two weeks of paternity leave - regardless of their length of service.

You can offer these arrangements either as a contractual right or on a discretionary, case-by-case basis. If exercising discretion, caution should be taken to avoid claims of unfair treatment or discrimination.

Shared parental leave and pay

In addition, fathers, spouses, civil partners, or partners may be eligible for shared parental leave and pay, which was introduced in Northern Ireland in April 2015.