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.

To qualify for paternity leave, an employee must meet certain qualifying criteria. The criteria differ for UK and overseas adoptions.

The right to paternity leave - UK adoptions

An employee qualifies for paternity leave when adopting a child from the UK if they:

• Are the spouse, civil partner, or partner (including same-sex partner) who are adopting a child jointly, or are the spouse, civil partner, or partner of someone adopting a child individually. (This may, exceptionally, include cases where an adoption agency places a child with approved foster parents who are also approved, prospective adopters. The agency will supply the foster parents with the correspondence which can be shown to the employer explaining that they have met the relevant criteria for being matched with the child for the purposes of leave and pay and other entitlements open to adopters. The usual notification and service criteria will apply). A partner is someone who lives with the mother of the baby in an enduring family relationship but is not an immediate relative.
• Have - or expect to have - responsibility for the child's upbringing with the other joint adoptive parent or the individual adopter.
• Are not taking statutory adoption leave and pay.
• Have been continuously employed by you for at least 26 weeks ending with the week in which they are notified of having been matched with the child - the qualifying week. The qualifying week starts on a Sunday and ends on a Saturday.
• Continue to work for you from the qualifying week to the date of the child's placement.
• Notified you when they want to take paternity leave no more than seven days after the adopter is notified that they've been matched with a child.
• Will be taking time off to support the adopter and/or to care for the child. They cannot take paternity leave for any other purpose.

However, an employee will not qualify for paternity leave if:

• they have previously taken shared parental leave or pay in respect of the child, or
• they have availed of the right to take paid time off to attend pre-adoption appointments

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

The right to paternity leave - overseas adoptions

An employee qualifies for paternity leave when adopting a child from overseas if they:

• are either one of two parents jointly adopting a child or the spouse, civil partner, or partner of someone adopting a child individually
• have - or expect to have - responsibility for the child's upbringing with the other or main adopter
• are not taking statutory adoption leave and pay
• have worked for you continuously for at least 26 weeks by the end of the week that the adopter receives an official notification or by the time they want their paternity leave to begin, whichever is later
• have given you the correct notification - see employee notification of paternity leave - adoptions and surrogacy arrangements
• continue to work for you up until the point the child enters Northern Ireland

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

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 - adoptions.

What is official notification for overseas adoptions?

Official notification is written notification issued by or on behalf of the relevant domestic authority (usually the Department of Health) that the authority either:

• is prepared to issue a certificate to the overseas authority dealing with the adoption of the child
• has issued a certificate and sent it to that authority

In either case, the notification certificate confirms that the other or main adopter:

• is eligible to adopt
• has been assessed and approved as being a suitable adoptive parent

The right to paternity leave - surrogacy arrangements

The intended parents in a surrogacy arrangement may be eligible for adoption leave and pay and paternity leave and pay where they are eligible for and intend to apply for a parental order (or have already obtained such).

If one of the intended parents is eligible for paternity leave and pay, they can take one week or two consecutive weeks of leave and pay. The leave and pay must be taken within the first 56 days of birth (ie before the baby is nine weeks old).

To qualify for paternity leave the intended parent must:

• Be the spouse, civil partner, or partner (including same-sex partner) of the intended parent who has elected to take adoption leave. A partner is someone who lives with the other intended parent in an enduring family relationship but is not an immediate relative.
• Be your employee.
• Have worked for you for 26 weeks by the end of the 15th week before the expected week of birth (known as the qualifying week).
• Be working for you from the qualifying week up to the date of birth.
• Be one of a couple who is eligible for and have applied for, or intend to apply for a Parental Order in respect of the child within six months of the birth.
• Expect to have the main responsibility for the upbringing of the child (with the other intended parent).
• Give the correct notice.

However, an employee will not qualify for paternity leave if they are taking adoption leave and pay or have already taken shared parental leave or pay in respect of the child.

Enhanced paternity leave

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

For example, you could allow all employees to take 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.

To qualify for paternity leave, an employee should notify you no later than the end of the 15th week before the expected week of childbirth (EWC) - or as soon as is reasonably practicable - of:

• the expected week of the baby's birth
• whether they wish to take one week's or two consecutive weeks' leave
• when they want their paternity leave to start - see the start and duration of paternity leave - births and surrogacy births

The EWC is the week in which the expected date of the baby's birth falls - starting with the preceding Sunday and ending the following Saturday. If the birth date falls on a Sunday, that date is the first day in the EWC.

The employee does not have to give you any medical evidence of the pregnancy.

Once the notice is received by the employer, it is advisable to discuss the date the employee is expected to return to work from paternity leave. However, you are not under any legal obligation to give the employee confirmation of the end date of their paternity leave.

Written notification of paternity leave

You may request notification of paternity leave in writing.

Many employees will find it convenient to claim statutory paternity pay at the same time. However, to do this, they must also make a declaration - see statutory paternity pay.

If you receive this declaration for payment no later than the end of the 15th week before the EWC, the employee has complied with the leave notification requirements anyway.

Notification of the actual birth date

The employee should tell you the actual date of birth - and in writing if you request it. However, the employee does not have to give you any medical evidence of the birth.

The notification requirements for paternity leave differ for surrogacy births and UK and overseas adoptions.

Paternity leave notification: UK adoptions

To qualify for paternity leave when adopting a child from within the UK, an employee should notify you no more than seven days after the adopter is notified they've been matched with a child:

• That they intend to take paternity leave.
• When they want their paternity leave to start - see the start and duration of paternity leave - adoptions.
• How much paternity leave they expect to take - see the start and duration of paternity leave - adoptions.
• The date the adopter was notified that they had been matched with the child.
• The date on which the child is expected to be placed for adoption. This date is shown on the matching certificate from the adoption agency.

If it is not reasonably practicable for them to meet this deadline, they should notify you as soon as possible.

Once you receive employee notification, it is advisable to discuss the date the employee is expected to return to work from paternity leave. However, you are not under any legal obligation to give the employee confirmation of the end date of their paternity leave.

Paternity leave notification: overseas adoptions

Employees intending to take paternity leave when adopting a child from overseas must give you notice in three stages that they intend to take paternity leave.

Employees must give you the information required in writing if you request it. If the employee is also entitled to statutory paternity pay (SPP), they must give you the evidence required at the same time.

First stage

In the first stage, the employee must inform you of:

• The date on which the other or main adopter received official notification. For an explanation of official notification, see the right to paternity leave - adoptions and surrogacy adoptions.
• The date the child is expected to enter Northern Ireland.

Where the employee already has the necessary 26 weeks' qualifying service when the adopter receives official notification, they must give you this information within 28 days of the adopter receiving official notification. At this point, the employee should know roughly when the child will enter Northern Ireland.

Where the employee receives official notification before they have the necessary qualifying service, they must give you notice within 28 days of completing the 26 weeks' qualifying service. Again, at this point, the employee should know roughly when the child will enter Northern Ireland.

Second stage

In the second stage, the employee must give you at least 28 days notice of the actual date they want their paternity leave (and statutory paternity pay if they qualify) to start. They can give this notice at the first notification stage if they know the date. Paternity leave cannot start before the child has entered Northern Ireland.

Employees can change their mind about the date on which they want their paternity leave to start providing they tell you at least 28 days in advance of the new date, or as soon as is reasonably practicable.

Third stage

For the third stage, which is after the child has entered Northern Ireland, the employee must tell you the date the child entered Northern Ireland. They must tell you this within 28 days of the child's date of entry.

If they are also claiming statutory paternity pay, they will need to give evidence of the date of entry.

Employees must tell you as soon as is reasonably practicable if they find out that the child will not be entering Northern Ireland.

Paternity leave notification: surrogacy arrangements

The intended parent that will take paternity leave and/or statutory paternity pay must notify their employer of their entitlement by the 15th week before the expected week of birth. They must provide:

• The expected week of the child's birth.
• When they want their paternity leave to start. See the start and duration of paternity leave - births and surrogacy births.
• Whether one or two consecutive weeks' leave will be taken.

If requested by their employer, the employee must supply a declaration within 14 days of receipt of the request, that:

• He or she is taking paternity leave to care for the child and/or support the other intended parent.
• They satisfy the entitlement conditions for paternity leave.
• They are eligible for and intend to apply for a Parental Order in respect of the child (or have obtained such an order).
• They have not claimed adoption leave and/or statutory paternity pay. (Persons who claim adoption leave and/or pay are disqualified from claiming paternity leave and/or pay and vice versa).

As soon as practicable after the child is born the employee must notify you of the date of birth.

Written notification of paternity leave

You may request notification of paternity leave in writing.

Many employees will find it convenient to claim statutory paternity pay at the same time. However, to do this, they must also make a declaration. If the employee makes this declaration for statutory paternity pay, they have complied with the notification requirements.

If the employee is not eligible for statutory paternity pay but you still want written notification, you can ask the employee to give you a completed self-certificate Statutory Paternity Pay and Leave: becoming a birth parent (form SC3). You should accept this unless you have strong reasons for suspecting that it is false.

Eligible employees can choose to take a single block of either one week or two consecutive weeks' paternity leave. They cannot take it as odd days or as two separate weeks.

The duration of paternity leave remains the same regardless of the number of children resulting from a single pregnancy.

When can an employee start their paternity leave?

An employee cannot start their paternity leave until the birth of the baby. Otherwise, an employee can choose to start their leave:

• On the actual date of the baby's birth (whether earlier or later than expected).
• On a date - as the employee has notified you - falling a specified number of days after the actual birth date (whether earlier or later than expected).
• On a date - as the employee has notified you - falling after the first day of the expected week of childbirth (EWC). If the baby is born later than this date, they must delay their leave until the date of the actual birth.

Employees must give you the required notice of their paternity leave - see employee notification of paternity leave - births and employee notification of paternity leave - adoptions and surrogacy arrangements.

If an employee specifies the date of birth as the day they wish to start their leave and they are at work on that day, their leave will begin on the next day.

Changing the start date of paternity leave

In circumstances where the employee decides to change the start date of their paternity leave, they must give you the following notice where they want to change their leave, so it starts on:

• the date of birth, at least 28 days before the first day of the EWC
• a particular date, 28 days before that date
• a specified number of days after the birth, at least 28 days before the date falling the same number of days after the first day of the EWC, eg if the employee wants to start their leave 14 days after the birth and the EWC begins on 16 July, they must notify you of the new date on 2 July, ie 28 days before 14 days after 16 July

If they cannot give the notice in time, they should tell you as soon as is reasonably practicable.

Where an employee has changed the start date of their leave, they should fill in a new self-certificate - see statutory paternity pay.

What's the latest the employee can take leave?

As long as the employee has given the required notice, their paternity leave can start on any day of the week. However, their leave must finish:

• within 56 days of the actual birth date
• if the child is born earlier than expected, between the birth and 56 days from the first day of the EWC

Eligible employees can choose to take a single block of either one week or two consecutive weeks' paternity leave. They cannot take it as odd days or as two separate weeks.

Choosing the start date of paternity leave - UK adoptions

Paternity leave (and pay) can begin any time from the date of the child's placement with the adopter but must be completed within 56 days of this date.

The employee can choose to begin paternity leave on one of the following:

• The date on which the child is placed with the adopter, even if this is earlier or later than the expected date of placement. If the employee is at work on that date, their leave begins on the day after.
• A predetermined date after the expected date of placement.
• A date falling a specified number of days after the expected date of placement.

Changing the start date of paternity leave - UK adoptions

In the circumstances where an employee decides to change the start date of their paternity leave, they must give you the following notice where they want to change their leave, so it starts on:

• the date of placement, at least 28 days before the expected date of placement
• a particular date, 28 days before that date
• a specified number of days after the placement, at least 28 days before the date paternity leave is expected to then commence

If they cannot give the notice in time (eg the adoption agency alters the date of placement at short notice), they should tell you as soon as is reasonably practicable.

Where an employee has changed the start date of their leave, they should fill in a new self-certificate - see statutory paternity pay.

If you are unable to agree on the dates of paternity leave, contact the Labour Relations Agency (LRA) Workplace Information Service on Tel 03300 555 300.

Choosing the start date of paternity leave - overseas adoptions

An employee adopting a child from overseas may choose to start their paternity leave from:

• the date that the child enters Northern Ireland
• a fixed date which is later than the date the child enters Northern Ireland

They must complete their leave within 56 days of the date the child enters Northern Ireland. They can start their leave on any day of the week.

Paternity leave is not meant to be used to cover the period employees spend travelling overseas to arrange the adoption or visit the child. However, you could allow the employee to take annual leave or unpaid leave for these purposes.

Changing the start date of paternity leave - overseas adoptions

If the employee wants to change the start date of their paternity leave, they must give you 28 days notice of the change.

You can ask for this notification in writing.

Where an employee has changed the start date of their leave, they should fill in a new self-certificate - see statutory paternity pay.

An employee's contract of employment continues throughout paternity leave unless either you or the employee expressly ends it, or it expires.

Terms and conditions during paternity leave

During paternity leave an employee has a statutory right to continue to benefit from all the terms and conditions of employment which would have applied to them had they been at work, except for the terms relating to wages or salary (unless their contract provides otherwise).

Examples of contractual terms and conditions that continue during paternity leave include:

• gym membership
• participation in share schemes
• reimbursement of professional subscriptions
• the use of a company car or mobile phone (unless provided for business use only)

Continuous employment and paternity leave

Paternity leave does not break the continuity of employment.

Similarly, paternity leave counts towards an employee's period of continuous employment for the purposes of entitlement to other statutory employment rights, eg the right to a redundancy payment.

It also counts towards assessing seniority and personal length-of-service payments, such as pay increments, under the contract of employment.

Accrual of annual leave

An employee continues to accrue statutory - and any contractual - annual leave entitlement throughout paternity leave.

An employee may not take annual leave during paternity leave - but may take it immediately before or after paternity leave.

Contributions to a pension scheme

While your employee is on paternity leave, you should calculate employer contributions to their pension scheme as if they are working normally and receiving normal pay for doing so. This is regardless of whether or not the employee is receiving ordinary statutory and/or enhanced paternity pay.

If the rules require employee contributions to continue during paternity leave, the employee's contributions should be based on the amount of ordinary statutory and/or contractual paternity pay they are receiving.

Employee contributions will therefore stop if the employee is not receiving any paternity pay - but the pension scheme rules may still allow them to make voluntary contributions.

See know your legal obligations on pensions.

An employee is entitled to return to the same job on the same terms and conditions of employment as if they had not been absent on paternity leave.

They are also entitled to benefit from any general improvements to the rate of pay or other terms and conditions introduced while they are away.

Shared parental leave and pay

In addition, fathers, spouses, civil partners, or partners may be eligible for shared parental leave and pay.

Return to work where parental leave is taken immediately after paternity leave

Employees who qualify for parental leave may take some of this leave immediately after the end of their paternity leave - see parental leave and time off for dependants.

A period of parental leave of four weeks or less has no impact on the employee's right of return.

An employee who takes a period of parental leave of more than four weeks straight after the end of their paternity leave is entitled to return to the same job on the same terms and conditions of employment as if they had not been absent.

However, if it is not reasonably practicable for you to let them return to their old job, you should offer them a job:

• that is both suitable and appropriate for them to do in the circumstances
• on terms and conditions that are no less favourable than those for their original job

If you offer the employee a job that fulfils the criteria above and they unreasonably refuse it, they will have effectively resigned. You should put the offer in writing and retain a copy. The offer should be as detailed as possible.

If you offer the employee a job that does not fulfil the above criteria, the employee may:

• resign and claim constructive dismissal - the employee may raise a grievance about this with you first
• raise a grievance with you, which may result in an industrial tribunal claim for detrimental treatment if you fail to address it

You should try to consult with employees during their paternity-parental leave about any proposed changes to their job in preparation for their return.

Flexible working requests

Providing they meet the qualifying criteria, an employee returning to work may make a request to work flexibly, eg to work from home or do part-time hours. Read more on flexible working: the law and best practice.

Employees are protected from suffering a detriment or dismissal for taking or seeking to take paternity leave.

Detrimental treatment and paternity leave

You must not subject an employee to any detriment by acting, or deliberately failing to act, because they:

• sought to take paternity leave
• availed ofpaternity leave

Examples of detrimental treatment include denial of promotion, facilities, or training opportunities that you normally would have made available to the employee.

If an employee believes you have treated them detrimentally under these circumstances, they may raise a grievance with you. This may result in an industrial tribunal claim for detrimental treatment if you fail to address it.

Dismissal and paternity leave

You must not:

• dismiss an employee - or select them for redundancy - because they took, or sought to take paternity leave
• prevent an employee from returning to work after their paternity leave

If you dismiss an employee in these circumstances, they may take a complaint of unfair dismissal to an industrial tribunal - regardless of their length of service.

Redundancy during paternity leave

If there is a redundancy situation at the same time as an employee's paternity leave, you must treat them the same as any other employee under the circumstances. This might be consulting them about the redundancy or considering them for any other suitable job vacancies.

See redundancy: the options.

For information about eligibility criteria for statutory paternity pay (SPP) see statutory paternity pay and leave.

(Note that in Northern Ireland, in exceptional cases, statutory paternity pay may be payable where an adoption agency places a child with approved foster parents who are also approved, prospective adopters. The agency will supply the foster parents with correspondence which can be shown to the employer explaining that they have met the relevant criteria for being matched with the child for the purposes of paternity leave and pay, and other entitlements open to adopters. The usual notification and service criteria will apply).

Note that the meaning of the term 'employee' for SPP purposes is different from the meaning of paternity leave and other employment rights. This means that some workers who are not employees, eg agency workers, may qualify for SPP, even though they do not qualify for paternity leave.

Someone legally classed as a worker who is not entitled to statutory paternity pay might still want to take time off after a birth. You should discuss other options with them, for example, paid holiday or special leave paid or unpaid.

SPP rates and recovery

You must pay eligible employees the lower of:

• the standard weekly rate - £187.18
• 90% of their average weekly earnings

You can recover some or all of your SPP payments from HM Revenue & Customs - the proportion you can recover depends on the size of your annual National Insurance Contributions liability.

Enhanced paternity pay

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

For example, you could:

• Pay full pay during the employee's paternity leave. However, you could also change the qualification criteria for this enhancement, eg the employee needs a year's continuous service.
• Pay paternity pay to all employees - regardless of whether or not they meet the statutory qualification criteria.

You can offer these arrangements either as a contractual right or on a discretionary, case-by-case basis. Be careful when using discretion to avoid complaints of unfair treatment or discrimination.