An employer’s guide to paternity leave
With research showing that half of parents consider an organisation’s parental leave policy before accepting a new role, an approach to paternity leave that exceeds statutory guidelines can be a key differentiator in the search for talent. Uncover the key considerations for employers regarding paternity leave in our guide.
Provided they meet certain criteria, employees are legally entitled to take paternity leave. This is designed to give new dads and partners a chance to spend time with their new baby and support their partner at an important time in their lives.
Many employers also offer enhanced paternity leave above the legal requirement and shared parental leave, which allows mothers to split their maternity leave with their partner.
With our research showing that 89% of fathers see family-friendly practices, like extended parental leave, as key when deciding on a job offer, a robust and inclusive approach to paternity leave is increasingly vital to attracting and retaining top talent.
Our employer’s guide to paternity leave delves into the basics employers need to know regarding maternity leave, with tips and insights on how to manage paternity leave and provide employees with the support they need.
Let’s dive in.
Understanding paternity leave and employee entitlements
Since 2003, employees in the UK, providing they meet certain criteria, have had the legal right to take either one whole week or two consecutive weeks’ paternity leave within 56 days of a child’s birth or placement for adoption.
Entitlements to statutory paternity leave and pay have changed over time. For example, in 2015, the right to paternity leave was extended to include the birth of a child to a surrogate mother when the employee and their partner expect to get a parental order.
As with maternity leave, there is ordinary paternity leave (OPL), which is the legal minimum amount of time off and statutory pay, and there’s what’s called enhanced paternity leave or contractual paternity leave (as it is written into the employment contract), which is above the minimum legal entitlement.
While enhanced or contractual paternity leave is dependent on each employer, ordinary paternity leave means all eligible employees have the right to:
- One whole week or two consecutive weeks of paternity leave to spend with their new baby and to support their partner
- The statutory weekly rate of Paternity Pay is £172.48, or 90% of the employee’s average weekly earnings (whichever is lower)
Paternity leave vs maternity leave vs shared parental leave
Generally speaking, paternity leave is easier for employers to manage compared to maternity leave. For a start, it’s fairly short. As outlined above, the legal entitlement to paternity leave is one whole week or two consecutive weeks, compared to 52 weeks of maternity leave.
This means it’s less likely organisations will need to recruit someone to cover time off for paternity leave. However, when it comes to shared parental leave, some of the same factors will apply to fathers and partners as well as mothers.
Shared parental leave gives employees a more flexible way to take leave in the first year after the birth of a child or the placement of a child with them for adoption. It allows mothers to share a portion of their maternity leave with their partners. This means both parents can take time off together or separately.
Eligibility criteria for paternity leave
Paternity leave means eligible employees can take one or two consecutive weeks off within 56 days of a baby’s birth or due date if the baby is born early, or placement for adoption. This includes same-sex partners as well as new fathers.
To be eligible for statutory paternity leave, an employee must be:
- Continuously employed for at least 26 weeks up to any day in the qualifying week
- Employees must tell their employer at least 15 weeks before the week the baby is expected
When does paternity leave start?
Unlike maternity leave, an employee can’t go on paternity leave before the birth of their child. Instead, paternity leave has to start within 56 days of a baby’s birth.
By the 15th week before the baby is expected, employees must let their employer know:
- The baby’s due date
- When they want their paternity leave to start (they can change this with 28 days’ notice)
- How much leave they want to take
Paternity leave for adoption
When an employee is adopting a child with their partner, one of them is the ‘main adopter’ and the other the ‘secondary adopter’. While the main adopter can take adoption leave and pay, the secondary adopter can take paternity leave.
In these instances, the second adopter still needs to let their employer know how much paternity leave they want to take and the intended start date. On top of meeting the criteria for paternity leave, they also need to show proof of adoption and provide their employer with the correct amount of notice within seven days of being notified by an approved adoption agency that they’ve been matched with a child.
They must also have been employed continuously by the same employer for at least 26 weeks ending with the week they’re notified they’ve been matched with a child, or the child enters the country in a case of overseas adoptions.
Paternity leave for adoption
If someone is using a surrogate parent to have a baby and they or their partner have a genetic link to the child, they can apply for a parental order. This transfers the parental rights from the surrogate mother, so they become the intended parents by law.
If eligible, one of the intended parents can take adoption leave and one can take statutory paternity leave. There are, however, certain conditions which the employee needs to meet to qualify for paternity pay and paternity leave for surrogacy.
For example, the individual needs to be legally classed as an employee and have worked continuously for the same employer for at least 26 weeks up to any day in the qualifying week.
Statutory vs enhanced paternity leave
Most organisations have a paternity leave policy that provides the statutory one to two weeks leave entitlement. However, employers are free to offer enhanced leave and a package more generous than statutory maternity pay should they wish to.
Research shows that a small number of organisations provide three week’s leave, but others offer four weeks’ (9%) and a further 13% provide new parents with between five and 28 weeks’ of leave.
This is often referred to as enhanced paternity leave. According to the CIPD, a third of employers think paternity leave should be extended to four weeks, and a significant number (29%) think it should be extended to either six weeks (15%) or seven weeks or more (14%).
By supporting working parents and offering more flexible working options, employers can foster a more engaged workforce better equipped to balance the responsibilities of work and childcare. This can lead to increased employee engagement and retention as well as improving the health and wellbeing of employees.
Preparing for paternity leave
For statutory paternity leave, employees must give employers at least 15 weeks’ notice before the week the baby is expected. As a result, employers should use this time to prepare for the employees’ absence, for example working out how their work will be covered during this time.
Employees also need to let their employer know:
- The baby’s due date
- How much leave they want to take
- When they want their leave to start
The start date of the employee’s paternity leave can be changed, provided they provide 28 days’ notice. If an employee gives the wrong amount of notice and doesn’t have a reasonable explanation for this, employers have the right to delay the date of the paternity leave.
Returning from paternity leave
Over a fifth of fathers say they had no support upon returning to work from paternity leave, according to our research. Furthermore, as many as 16% of men feel uncomfortable having conversations discussing the support they need following paternity leave. This could be a particularly difficult time after shared parental leave when men have had more time off than statutory paternity leave.
As a result, employers looking to demonstrate their commitment to a family-friendly workplace and maximise the potential of their workforce should look to ensure employees returning from paternity leave have access to the support they need.
A starting point for this can be a conversation around return to work with the employee in question. This can involve providing a clear understanding of expectations upon the employees’ return and signposting the support available to them.
Flexible working arrangements
All employees in the UK are legally entitled to request flexible working arrangements, and getting those arrangements is the most sought-after benefit for working parents according to our research. In fact, we found that 84% of UK workers would like flexible working and 28% would change jobs for one that offered remote working.
It’s easy to see how flexible working can make a huge difference for those adjusting to life as a new parent and juggling work with childcare. However, employers are not obliged to say yes to every request. While 35% of employers allow flexible work to support employees returning from parental leave, 25% of HR leaders say they have encountered difficulties in accommodating flexible working arrangements.
Given how popular flexible working is and the benefits it can provide to new parents, employers should carefully consider if it’s an option they can provide, especially to employees returning from parental leave.
Time off for emergencies
As many as 72% of parents have needed to take unpaid leave from work to manage childcare responsibilities, according to research. Given that having a new member of the family comes with increased financial responsibility, losing pay after time off can hit some employees hard.
Giving parents occasional time off to deal with family emergencies (and being flexible about how they can make up the hours to fit around childcare responsibilities) can not only make returning to work after parental leave easier for employees, it can also increase staff loyalty and retention.
Employers should also be mindful of how paternity leave impacts employees with different household incomes. According to research, only 12% of men with a household income of £20,000-£25,000 took their full entitlement of paternity leave, compared to over half of men with a household income of more than £200,000. And mainly due to financial hardship, one in five (22%) dads and partners that are eligible for paternity leave take no leave at all.
Legal obligations for employers
As with maternity leave, only individuals who are legally classed as employees are entitled to take paternity leave and pay.
Once employees have decided to take paternity leave, it is against the law for employers to cause employees detriment for taking or planning to take paternity leave. For example, an employee could potentially make a claim of discrimination if an employer reduced their hours, overlooked them for promotions, or if they were subjected to bullying or harassment at work as a result of taking or planning to take paternity leave.
Promoting a culture that values parenthood
Employers can set themselves apart and appeal to talent with enhanced paternity leave and support, aligning with the preferences of the modern workforce, 66% of whom have a positive view of organisation who offer family-friendly benefits. This approach not only complies with legal obligations but also fosters a more engaged and satisfied workforce, promoting work-life balance and gender equality.
To support employees during paternity leave and their return to work, employers should communicate clear expectations, consider how they accommodate flexible working and support those with lower incomes. This commitment to employee well-being and family-friendly policies can lead to increased satisfaction, retention, and a more inclusive work environment, ultimately benefiting both employers and their employees.