Notice of paternity leave entitlement

To be eligible to take paternity leave, the employee must first give you a notice of their entitlement within specified time limits.

Paternity right

The right to paternity leave entitles eligible employees to take either a single period of one or two weeks off work or two non-consecutive periods of one week each off work following the birth or adoption of a child for the purpose of caring for the child or supporting the child’s mother or adopter. A period of paternity leave can start either from the date the child is born or adopted or from a chosen number of days or weeks after the date of childbirth or placement of the child for adoption or from a predetermined date. It must be completed within 52 weeks of the date of childbirth or placement for adoption or, if the child is born early, within 52 weeks of the first day of the expected week of childbirth (EWC). During paternity leave, most employees will be entitled to statutory paternity pay (SPP).

Notice of entitlement

Employees must first give notice of their entitlement to paternity leave no later than the end of the 15th week before the EWC, or no later than seven days after the date on which the adopter was notified of being matched with the child. In birth cases, the notice of entitlement must specify the EWC. In adoption cases, it must set out the date on which the adopter was notified of having been matched with the child and the date on which the child is expected to be placed for adoption (or the date of placement if the child has already been placed). The notice can be in writing if you so request. At the same time, the employee must also give you a written declaration that they satisfy the conditions for entitlement to paternity leave, so we’ve covered all this information in our Notice of Paternity Leave Entitlement.

Period of leave notice

In addition, the employee must give 28 days’ prior notice of each period of paternity leave (birth cases) or notice of each period of paternity leave which is given no later than seven days after the date on which the adopter was notified of having been matched with the child (adoption cases) – see our Paternity Leave Request Form.