Paternity Rights at Work.

Today we discuss the much welcomed development by most Father-to-be and keep everyone who is guided by the recently introduced legislature - well informed. "New fathers are also entitled to time off work". In 2006 the government passed new parent-friendly laws in the Work and Families Act, extending pay and leave for new parents.

Employers are legally required to offer paternity leave (either paid or unpaid) so you can look after your child upon their arrival and make any necessary childcare arrangements. So what are your rights when it comes to paternity leave? We explain everything you need to know.

You’re entitled to paternity leave if you’re the biological father of the child, the mother’s husband or partner, or the child’s adopter or partner of the adopter.

You must be an employee of a company for at least 26 weeks by the end of the 15th week before your baby is due (or the end of the week when you’re notified that you have successfully adopted).

It’s vital to notify your employer in writing about your incoming bundle of joy. In your written notice, give your boss important details including when the child is expected to arrive, how much paternity leave you want and when you want it to start (although no medical evidence is needed).

If you can’t give the required 15 week notice period (e.g. born prematurely, not enough notice from adoption agency), it’s important to tell your employer as soon as possible, and if there’s no valid reason you could lose some of what you’re normally entitled to.

We know you’re probably rather pre-occupied preparing for your new addition, so the stress-free way of doing this is by filling out a self certificate, as it contains all the information your employer will need to sort out your leave.

It’s important to know you can still take paternity leave if the child is stillborn after 24 weeks of pregnancy or is born alive at any point of the pregnancy.

Sadly, most companies can’t offer you months of paid leave, so whether your partner has just given birth or you’ve recently adopted a child, your statutory paid paternity leave can last one or two weeks.

This applies no matter how many children you have. So even if it’s triplets, you’re only allowed one statutory paternity leave which must be taken in a single period of time (you are not allowed to spread out 14 days of leave over several months).

Paternity leave is not part of your annual holiday allowance, and you’re also entitled to parental leave should you need it.

The amount you will receive in paternity pay will depend on your earnings. The good news is it’s not a hassle to organise, as your paternity pay will arrive into your account in the same way (and at the same time) as your normal salary. Because it’s treated as part of your wages, your employer will also deduct any tax and national insurance contributions, so every penny you see is yours to spend.

If you have got more than one job, you may be able to get paternity pay from each employer that you work for, although always check your contract, and if in doubt, arrange a meeting with your boss.

You can start your paternity:

• From the day the baby is born
• A number of days or a week after the baby is born, specified by you
• A number of days, specified by you, following the first day of the week your baby is expected
• You can change the date of your paternity leave, as long as you give at least 28 days notice. However, your leave must end within eight weeks of the child’s arrival (or eight weeks after the expected date of birth if the baby is born early).
• You can also start paternity leave after a period of parental leave has ended.

You can apply to have additional paternity leave if your partner is returning to work. Additional leave lasts up to 26 weeks and can be taken between 20 weeks and one year after your child is born or placed with you for adoption.

To get additional paternity leave you must be an employee of the company for 26 weeks, and both you and your partner will need to meet additional requirements. If there’s a problem, it’s important to talk to your employer first, not only could this be a simple misunderstanding, but by talking things through, your boss will also get a better understanding of your situation.

If talking does not solve anything, you need to make a formal complaint using your employer’s grievance procedure, and contact the HM Revenue and Customs employees’ inquiry line.

Reasons why you may not qualify for SPP:

• You are self-employed.
• You haven't worked at the company for long enough.
• You don't earn the minimum £90 per week.
• You haven't given 28 days' notice of when you want pay to start.
• You haven't given your employer a self-certificate.
• You left your job before your baby was born.

If you disagree with your employer's decision, you can ask for a formal decision from the Inland Revenue. If you decide to take paternity leave, you are protected by law from unfair treatment, dismissal or selection for redundancy on grounds related to your leave.

If your employer does not comply with these rules, you are entitled to bring a claim to an employment tribunal.

Parental leave:

After you have worked for a company for one year, you will be entitled to 13 weeks' unpaid parental leave to be taken before your child's fifth birthday. This leave is on top of your usual holiday entitlement.

Parents of disabled children are entitled to 18 weeks' unpaid leave to be taken before their child's 18th birthday.

You are entitled to this leave for each child under five born after 15 December 1999 (or under 18 for disabled children).

Parental leave is time off to look after your child or make arrangements for their welfare.

You can use it simply to spend more time with your children while they are young. For example, you may want to take a period of parental leave to run on from paternity leave. The terms that apply to taking parental leave can be agreed on an individual basis between yourself and your employer. If there is no agreement in place, the 'fallback scheme' comes into force.

The Fall-Back Scheme;

• Leave must be taken in blocks of one week. Parents of disabled children may take leave in multiples of one day.
• You can only take four weeks' parental leave each year per child.
• You must give your employer 21 days' notice.
• Your employer can postpone leave for up to six months if it would disrupt business. However, leave can't be postponed if you're planning to take it immediately after the birth.

 Although a rough guide has been given on this blog we expect you to look for professional assistance with some of the information you might need urgently and not to assume. At Humba-HR-Consultants we are always here to assist at all times.