Thousands of new parents will benefit from the massive change in paid leave rules
THOUSANDS of new parents will benefit from a huge change to paid leave rules next month.
The Department of Trade and Commerce has shaken up the rules for fathers eligible for statutory paternity leave and paternity leave.
The change will shorten the deadline fathers must meet to cancel and give them more flexibility when they choose to take time off.
Under current rules, eligible fathers can take two weeks of paid leave if they have worked for their employer for a certain amount of time and earn above a certain threshold.
Those planning to take leave must give notice 15 weeks before the expected week of childbirth (or the week of adoption).
Fathers can only take one consecutive block of paternity leave of one or two weeks and must take this within the first eight weeks (56 days) after birth.
However, on March 8, the Paternity Leave (Amendment) Regulations 2024 will come into effect, providing greater flexibility for paternity benefits and leave for fathers of children born on or after April 6, 2024.
These changes will mean the following:
- The notice period for requesting leave will be reduced from 15 weeks to 28 days before the expected week of delivery.
- Fathers can choose between taking their leave in two non-consecutive weeks.
- Fathers can take leave at any time during the first year after birth or adoption
- The new rules apply for an expected date of birth of April 6, 2024.
Below we explain everything you need to know about statutory paternity benefits.
How long is paternity leave in the UK?
Men are entitled to paternity leave if their partner has a child, adopts a child or has a child through a surrogacy arrangement.
They can choose to take one or two weeks. However, the amount they receive does not change if their partner has multiples.
Dads have to say goodbye all at once.
One week is equal to the number of days they would normally work in a normal working week.
For example, a week would be three days if they only work on Monday, Wednesday and Thursday.
They can also be given time off to accompany their partner or the surrogate mother to two antenatal appointments.
If they adopt a child, they can be given time off to attend two adoption appointments after being matched with a child.
Who is eligible for statutory paternity benefits and leave?
To qualify, you must take time off to care for the child and be one of the following:
- The father
- The mother's husband or partner (or adopter) – this includes same-sex partners
- The adopter of the child
- The intended parent (if you are having a child through a surrogacy arrangement)
To be eligible for leave and continued payment, you must meet additional conditions.
To be eligible for paternity leave you must:
- Be an employee
- Provide the correct notification
- Have been continuously employed by your employer for at least 26 weeks up to each day in the “qualifying week”
The “qualifying week” is the 15th week before delivery.
But if you adopt, this changes.
Fathers must have worked continuously for their employer for at least 26 weeks to receive paternity benefits at the end of the “qualifying week.”
To be eligible for paternity benefits you must:
- Be employed by your employer until the date of birth
- Earn at least €123 per week (before tax)
- Provide the correct notification
- Have been continuously employed by your employer for at least 26 weeks up to each day in the “qualifying week”
You can still get paternity leave or pay if your baby:
- Stillborn from 24 weeks of pregnancy
- Born alive at any time during pregnancy
How do I apply for and pay for paternity leave?
You MUST apply for paternity leave at least 15 weeks before the birth and pay for it through your employer.
You can do this by completing an online form (formerly called form SC3) on the government website.
Once you have completed the form, you will need to download or print it and send it to your employer.
But check whether your employer has its own form. If they do, use that instead.
Please note that the rules and forms are different if you adopt.
You must indicate the due date, when you want your leave to start and whether you want one or two weeks of leave
You do not need to provide proof of pregnancy or birth.
You can then use the paternity planner on the government website to find out when you need to apply for parental leave.
How much can I get?
The statutory weekly paternity pay is £172.48 or 90% of your average weekly income and is based on whichever is lower.
Any money you receive is paid in the same way as your wages, for example monthly or weekly.
Taxes and national insurance are normally deducted.
Fathers normally get paid while on leave, but their employers must confirm the start and end dates.
Fathers could receive more pay if their employer has a company paternity plan.
Employers cannot offer you less than the legal amounts.