Balancing work and family life can be challenging for new parents, especially when both are employed. It’s crucial for parents to have time to bond with their children so understanding the entitlements for paternity and maternity leave is important.
Paternity Leave Entitlements
New fathers, partners, or adopters may be eligible for one or two weeks of paid paternity leave starting from the birth or adoption of their child. During this leave, employees retain their usual employment rights, including salary increases and holiday accrual.
In addition to paternity leave, fathers can accompany their partner to up to two antenatal or adoption appointments once matched with a child.
Eligibility Requirements
To qualify for paternity leave, you must:
- Be the father, partner, or adopter of the child, including same-sex partners.
- Be employed.
- Provide proper notice.
- Have been employed continuously for at least 26 weeks by the “qualifying week” (the 15th week before the baby’s due date or the adoption matching date).
For paternity pay eligibility:
- You must be employed until the child’s birth.
- Earn at least £123 per week before tax.
- Provide the necessary notice.
- Have been continuously employed for 26 weeks up to the end of the “qualifying week.”
Notice Requirements
You must notify your employer at least 15 weeks before the baby’s due date by filling out and submitting an online form.
Duration and Pay
If your child was born on or after April 6, 2024, you can take one or two weeks of paternity leave, which may be taken separately. For births before this date, leave must be taken in one continuous period. A week of leave is based on your work schedule—if you work only two days a week, a week of paternity leave is equivalent to two days.
Paternity leave should end within 52 weeks of the birth, with at least 28 days’ notice required if you wish to alter your start date. You don’t need to specify an exact start date; a general period will suffice.
Statutory paternity pay is either £184.03 or 90% of your average weekly earnings, whichever is lower, with deductions for tax and national insurance. Check if your employer offers a more generous scheme, but they cannot pay less than the statutory amount.
Future Changes
The Labour government, elected on July 4, 2024, plans to review family leave policies, potentially removing the six-month employment requirement. These changes have not yet been implemented.
Maternity Leave Entitlements
Statutory Maternity Leave is available to employees expecting a baby, with no prior employment duration required. Note that surrogacy arrangements are not covered under this leave, but Statutory Adoption Leave and Pay might be applicable.
During Statutory Maternity Leave, employment rights are maintained, including pay rises, holiday accrual, and the right to return to work.
Maternity Leave is divided into:
- Ordinary Maternity Leave: The first 26 weeks.
- Additional Maternity Leave: The remaining 26 weeks.
You are not required to take the full 52 weeks but must take a minimum of two weeks post-birth. The earliest leave can start is 11 weeks before the expected due date, with alternative start dates available:
- The day after birth if the baby arrives early.
- Automatically if you have a pregnancy-related illness in the four weeks before the due date.
Notice Requirements
To claim Maternity Leave, notify your employer at least 15 weeks before your due date, specifying the due date and intended start of leave. Your employer must confirm your leave dates within 28 days of receiving your notice.
Statutory Maternity Pay
To qualify for Statutory Maternity Pay, notify your employer of your intention to take leave and the start date of the pay, giving at least 28 days’ notice. Employers must confirm the amount and duration of Statutory Maternity Pay within 28 days.
You must have worked for your employer for at least 26 weeks up to the “qualifying week” (the 15th week before the expected childbirth week). If you’re not eligible, your employer will provide an SMP1 form explaining the reasons, and you may be eligible for Maternity Allowance.
Proof of Pregnancy
Proof of pregnancy is required to receive Statutory Maternity Pay, either through a letter from your doctor or midwife or a MATB1 certificate issued no more than 20 weeks before your due date. This proof must be provided within 21 days of your pay start date.
Pay Rates
Statutory Maternity Pay lasts for up to 39 weeks, with:
- 90% of average weekly earnings (before tax) for the first 6 weeks.
- £184.04 or 90% of average weekly earnings (whichever is lower) for the next 33 weeks.
This pay is processed in the same way as your regular wages, with standard tax and National Insurance deductions.
Shared Parental Leave and Pay
Shared Parental Leave and Pay allow parents to share up to 50 weeks of leave and 37 weeks of pay. This option is available for new births, surrogacy arrangements, adoptions, or fostering a child with the intention to adopt. Shared Parental Leave and Pay must be used within the first year after the child’s arrival or placement.
For more details, visit the Gov.uk website and verify eligibility and deadlines to ensure you meet all requirements.
