Paternity leave

Updating author: Jo Broadbent, Hogan Lovells

Brightmine editor: Laura Merrylees

Summary

• The right to paternity leave arises in relation to birth children, children adopted from within the UK and children adopted from overseas. (See The right to paternity leave)
• An eligible employee who is the biological father of a child, or the mother's spouse, civil partner or partner has the qualified right to take a single period of paternity leave of either one week or two weeks, or two non-consecutive periods of paternity leave of one week each. (See The right to paternity leave)
• An eligible employee who is the spouse, civil partner or partner of an individual who has adopted a child (or who is one of a couple who have jointly adopted a child) under the law of any part of the UK has the qualified right to take a single period of paternity leave of either one week or two weeks, or two non-consecutive periods of paternity leave of one week each. (See The right to paternity leave)
• An eligible employee who is the spouse, civil partner or partner of an individual who has adopted a child (or who is one of a couple who have jointly adopted a child) from overseas has the qualified right to take a single period of paternity leave of either one week or two weeks, or two non-consecutive periods of paternity leave of one week each. (See The right to paternity leave)
• Only two weeks of paternity leave is available, even if more than one child is born as the result of the same pregnancy or if more than one child is placed with an individual or couple for adoption under the same arrangement. (See The right to paternity leave)
• Eligible employees intending to exercise their right to paternity leave must comply with notification requirements in relation to their intended start date. (See Notice of intention to take paternity leave (birth), Notice of intention to take paternity leave (adoption within the UK), and Notice of intention to take paternity leave (adoption from overseas)
• Employees have the right not to be victimised, dismissed, selected for redundancy or subjected to any other detriment for exercising their right to paternity leave. (See Detriment and dismissal)
• Fathers and partners have the right to unpaid time off to accompany a pregnant woman to up to two antenatal appointments. (See Time off for fathers and partners to accompany pregnant women to antenatal appointments)