You can take statutory paternity leave if your baby is DUE on or after 6 April 2003 – even if your baby is born early, or, if your baby is due before 6 April 2003 but BORN on or after 6 April 2003. Some employees may be entitled to take more paternity leave by their employers and this is referred to as ‘contractual paternity pay and leave’.

What is statutory paternity leave?
It is up to two weeks leave from work following the birth of a baby. You can take one week or two weeks in a row but not odd days or two separate weeks.

Paternity leave must be taken within 56 days of the birth or, if the baby is born before the expected week, paternity leave can be taken any time from the actual date of birth up to 56 days from the date the baby would have been DUE. You cannot take longer for a multiple birth but you can take parental leave if you are entitled to it (see below).

Who can take it?
You can take paternity leave if:
- you are an employee.
- you have worked for your employer for 26 weeks by the 15th week before the baby is due or, if the baby is born before then, you would have worked for your employer for 26 weeks by the 15th week before the baby is due.
- you are still employed by the same employer before the birth.
- you are the biological father or the mother’s husband or partner (including same sex partners).
- you are responsible for the child and taking time off to care for the child or support the mother

To be entitled to paternity leave you must give notice to your employer in the 15th week before the baby is due of when the baby is expected to be born, how much leave you wish to take, when you wish the leave to start, whether you wish to have one or two weeks paternity pay.

Statutory Paternity Pay: is paid at £100 per week (or 90% of average weekly earnings if this is less) for the two weeks of paternity leave. To qualify for statutory paternity pay you will need to have worked for your employer for 26 weeks by the 15th week before the baby is due and earn the lower earnings limit or above: you need to be the baby’s father or the husband/partner of the mother and be responsible for the baby’s upbringing. You need to still be employed by the same employer before the birth. You should give notice to your employer of when you wish your statutory paternity pay to start at least 28 days before you want it to start or as soon as reasonably practicable. For further details See Factsheet : ‘Time off for working parents’.