Paternity leave is for married and unmarried partners who are welcoming a new addition to their family – whether this be through surrogacy, adoption or birth. Paternity leave comes in a block of 1 or 2 weeks, unless the employer allows longer. It is also possible to get paid whilst on paternity leave.
Research has shown that some parents aren’t taking paternity leave at all, which is a result of many factors.
Who is entitled to paternity leave?
Despite the name, paternity leave is not just for men; it is also for biological fathers or the mother’s partner, spouse or partner (including civil partner). Non-birth parents are eligible if they are one of these and share, or expect to share, responsibility of raising the baby. A partner is classed as someone who lives with the mother or primary adopter in an “enduring family relationship”.
The criteria are similar for adoption- you must be the spouse, partner, or civil partner of the primary adopter to qualify for paternity leave.
Who is eligible?
Only ’employees’ can take paternity leave. That means not self-employed, or a ‘worker’ (an intermediary category between employed and self-employed, including agency worker). These are the criteria:
- be responsible for the child’s upbringing.
- be the partner, spouse, civil partner or husband of the mother or the biological father of the child.
- 26 weeks’ service by the end of the 15th week before the week the baby is due (to figure this out, take the Sunday before the due date, and count back 15 weeks, this gives the qualifying week). It works out as needing to be with the employer for about six months before conceiving.
The person seeking it must say that they expect to have the main responsibility for the child’s upbringing.
Statutory Paternity Pay
Most people who are eligible for statutory paternity leave will be able to get statutory paternity pay (SPP). It’s currently (in 2023) £172.48 per week or 90% of the average weekly salary (whichever is less). The employer pays it and can them claim back from the government an amount which varies with the size of the business. If earnings are lower than the lower earnings limit for National Insurance, there’s no entitlement to SPP. This is currently at £123 per week.
Notice requirements and when to take it
Paternity leave cannot start before birth, and has to end within six weeks of the birth (or adoption) date. Employees can take a block of either one or two weeks from any chosen date or week after the baby’s birth, as long as it finishes with 56 days of the birth.
Paternity leave lasts the same amount of time, even if there is more than one baby (e.g.. twins), however it varies slightly for families of premature babies. If the baby is stillborn after 24 weeks, or is born alive at any age and then dies, you can still take paternity leave.
To take time off, the employee must notify the employer by the end of the 15th week before the baby’s due date, saying:
- when the baby is expected,
- when the leave should start
- Is it in one or two week blocks.
So, why aren’t people taking paternity leave?
A new Trade Union survey says that SPP is so low that people can’t afford to take the time off.
The poll they published revealed that 53% of families struggled financially during the dad/partners paternity leave, as well as 50% feeling like they didn’t get enough time with their new child.
The TUC also found that 21% of eligible parents didn’t take paternity leave at all, with reason for 1 in 4 of these parents being that they can’t afford to. Money seems to have the biggest impact on whether paternity leave is taken or not, with only 65% of parents with a household income less than £25k taking paternity leave, compared to 86% of parents who have a household income of 60k or more. Undoubtedly, the cost of living has strained the possibility of parents affording to take paternity leave even more.
The TUC is calling on the government to make some serious improvements to paternity leave, they want:
- SPP to be in line with the national living wage, to make it easier for parents to take time off,
- extended leave – both parents have a right to individual, well-paid leave that that is independent of sacrificing the other’s leave, like it currently is in the shared parental leave system.
- fewer barriers to accessing paternity leave and SPP – agency workers, workers on zero-contracts and the unemployed should be included, the length of service criteria should be scrapped to allow employees the right to spend time with their children from day one.
Paternity leave and equality
Without improvement to the system, the burden will continue to fall on mother’s for childcare, reinforcing the barriers for women in the workplace and the gender pay gap. Research covering 6 OECD countries showed that women’s earnings were up to 61% lower than men’s in the 10 years after the birth of their first child.
A separate study also showed that men in leadership roles were less likely to take paternity leave at all, or took only a small amount of time, due to job pressure and societal expectations. This creates a snowball effect where employees don’t see their superior taking paternity leave, they feel like they shouldn’t either.
A report from PWC outlines some more positive changes that a better system would entail not only for both men and women in the work place, as well as wider society.
PWC wrote that better paid, and longer, paternity leave could shift societal expectations away from today’s gender norms. That is, with the mother being the caregiver and the father being the breadwinner. And it could normalise fathers playing a larger role in the child’s early life.
This is why some are advocating for changes to the current system. The advocates stress that it is important that fathers/partners are aware of their rights in the work place so that they can make sure they are being treated fairly and correctly.
Image used under CC courtesy of Cliphr Connect.