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Paternity Leave and Paternity Pay

father and childNew legislation has introduced a whole range of new paternity rights for fathers. Read on to find out what you're entitled to.

Am I Eligible?
You're eligible for paternity leave (and pay) if you satisfy the following conditions:
a) You have, or expect to have responsibility for the baby's upbringing and are either the baby's biological father or the mother's husband or partner.
b) You have worked continuously for the same employer for twenty-six weeks ending with the fifteenth week before the baby is due (the ‘qualifying week’) and from the fifteenth week before the baby is due up to the date of birth.
c) You have average weekly earnings at or above the Lower Earnings Limit for National Insurance at the end of this qualifying week.

Are There Any Catches?
You must be using the paternity leave either to look after your new baby or the mother or your newborn baby.

How Much Paternity Leave Can I Take?
Unless your company has a more generous policy in place, you can take one or two weeks' consecutive leave at any time from the baby's birth. Paternity leave must be taken within 56 days of the baby being born. You don't get more leave if you have more than one child born.

Do I Have To Give Any Notice?
Yes, you must give your company notice that you intend to take paternity leave by the end of the fifteenth week before the week the baby is due or, if this isn’t possible, as soon as is reasonably practicable.

Will I Get Paternity Pay?
If you take paternity leave, and meet the lower earnings limit, then you're entitled to statutory paternity pay during your leave. The amount of SPP is currently £106 a week, or 90 per cent of your average weekly earnings if this is lower than £106. You pay tax and National Insurance in the same way as on your regular wages and your employer reclaims the majority of SPP from their National Insurance contributions. But remember, you must give your employer 28 days' notice of the date you'd like Statutory Paternity Pay to begin.

What About Extended Paid Paternity Leave?
Plans to extend the amount of time father can take as paid and unpaid paternity leave are in the Works and Families Bill currently making its way through the Commons. But this hasn't been made law yet and isn't expected to before April 2007.


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