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Paternity rights
Sunday, 17 October 2004

Your company may provide rights, which are in excess of the law, but below are the minimum rights that are given and they certainly should not be less than this.

Employees will need to satisfy the following conditions in order to qualify for paternity leave. They must:

  • Have or expect to have responsibility for the child's upbringing
  • Be the biological father of the child or the mother's husband or partner
  • Have worked continuously for their employer for 26 weeks leading into the 15th week before the baby is due

Eligible employees will be entitled to choose to take either one week or two consecutive weeks' paternity leave (not odd days).

Leave can start on any day of the week on or following the child's birth but:

  • Must be completed within 56 days of the actual date of birth of the child, or
  • If the child is born early, within the period from the actual date of birth up to 56 days after the expected week of birth.

Employers will pay statutory Paternity Pay (SPP) for either one or two consecutive weeks as you have chosen. The rate will be the same as the standard rate of Statutory Maternity Pay - from April 2004; this will be £102.80 a week or 90% of average weekly earnings if this is less than £102.80.

You will be required to inform your employers of your intention to take paternity leave by the 15th week before the baby is expected, unless this is not reasonably practicable. You will need to tell your employer:

  • The week the baby is due
  • Whether they wish to take one or two weeks' leave
  • When they want their leave to start (you can change your mind but you must give 28 days notice)

You will have to give your employer a completed self-certificate as evidence of your entitlement to SPP. Employers can also request a completed self-certificate as evidence of entitlement to paternity leave. The self-certificate must include a declaration that the employee meets certain eligibility conditions and provide the information specified above as part of the notice requirements.

You are entitled to the benefit of your normal terms and conditions of employment, except for terms relating to wages or salary (unless their contract of employment provides otherwise), throughout paternity leave.

You are entitled to return to the same job following paternity leave.

You are protected from suffering unfair treatment or dismissal for taking, or asking to take, paternity leave.

More information can be found at: http://www.dti.gov.uk/er/individual/patrights-pl517.htm




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