Introduction
Your rights
Notifying your employer
Leave from work
Commencing paternity leave
Changing the date of your paternity leave
If there's a stillbirth or death soon after birth
Paternity pay
Paternity leave and adoption
Commencing paternity leave if adopting within the UK
Commencing paternity leave if adopting from overseas
Paternity pay for UK adoptions
Paternity pay for overseas adoptions
Paternity leave and surrogacy
Commencing paternity leave and surrogacy
Paternity pay and surrogacy
Paying back your paternity leave if you are not returning to work after your paternity leave
Other rights during paternity leave
Further advice and guidance
 

Introduction

From 6 April 2024, under the Paternity Leave Amendment Regulations 2024 (pdf), if your expected week of childbirth falls on or after April 2024, you will now be able to split your paternity leave into two blocks of one week which can be taken at any point in the first year after the birth or adoption or your child.

The Union’s advice and guidance as detailed below and on subsequent pages has been updated accordingly.

Your rights

Having a baby should be a positive and exciting time. It might also be a time when you have many questions as you prepare to become a parent.

As a member of the NASUWT, we are committed to supporting you. This guidance has been developed to provide you with essential information you need about your rights at work, during this time.

Notifying your employer

Whilst there is no obligation to write to your school/college, it is recommended that you notify your employer in writing that you intend to take paternity leave. This should be done no later than 15 weeks before the expected week of childbirth.

To qualify for paternity rights, you must:

• have a contract of employment;

• have worked for your employer continuously for at least 26 weeks prior to the ‘qualifying week’, i.e. 15 weeks before the expected week of childbirth;

• have or expect to have responsibility for the child’s upbringing;

• be the child’s father or husband or partner of the mother (or adopter), including same-sex relationships, the child’s adopter, or the intended parent if you are having a baby through a surrogacy arrangement.

Your employer may ask you to provide proof of your child’s birth (e.g. birth certificate).

It is important to note that if you have separated from your partner, but still have parental responsibility for your child, you can still take statutory paternity leave and pay.

It should be noted that the eligibility criteria if you are taking paternity leave as part of an adoption or if you are having a child through a surrogacy arrangement are different. Further information is detailed below.

Leave from work

A partner, civil partner (including same-sex relationships), intended parent in a surrogacy or ‘secondary adopter’, who is a permanent employee is entitled to unpaid time off work to attend up to two pregnancy-related/antenatal or adoption appointments.

The legal maximum amount of time off work that you can take for each appointment is 6.5 hours, which includes travel to and from the appointment and waiting time.

Your school or college may permit you to have more time off than this, including with pay, so you should your check the provisions of your paternity leave policy carefully.

Commencing paternity leave

Once the child is born and as soon as is reasonably practicable, you must let your employer know the date of birth. Your paternity leave cannot start before this.

If your baby is due on or after 7 April 2024, you are entitled to take either one or two weeks’ statutory paternity leave. This can either be taken as two weeks together or in two separate blocks of one week.

You can take your paternity leave at any time within the first 52 weeks of the birth of the child.

You must inform your school/college when you intend to take your paternity leave and this should be provided at least 28 days before each period of paternity leave.

In addition, there is a requirement for you to inform your school/college that you will be using your paternity leave to care for either or both of the following:

• the child;

• the child's mother or birth parent.

If there is a situation where you are not able to provide the necessary information to your school/college, then you should explain the situation and seek to provide it as soon as reasonably practicable.

Your school/college should respond in writing confirming the dates you have requested for your paternity leave.

Changing the date of your paternity leave

If you want to change the date when you start your paternity leave, you must give your school/college 28 days’ notice.

It is recommended that you notify your employer in writing in order to retain a record.

• If your baby is born early or is sick

You might need to change the date when you begin your paternity leave if your baby is born early, is born prematurely, e.g. more than three weeks before the date the child was expected to be born, or needs to stay in hospital for a time after birth.

In such circumstances, your school/college should be sympathetic and understanding of your situation.

From April 2024, you can take your paternity leave from the date that your baby is born.

• If your baby is born late

If your baby is born late, then you must tell your school/college the new date when you want your paternity leave to begin as soon as possible.

Whilst there is no obligation to write to your school/college, it is recommended that you notify your employer in writing in order to retain a record.

If there's a stillbirth or death soon after birth

In the extremely unfortunate situation of a stillbirth or if the baby dies soon after birth, it might be difficult for you to inform your school/college.

In such circumstances, your school/college should be sympathetic and understanding of your situation, including allowing someone else to inform them, such as a family member or friend.

Your paternity rights still apply if your baby is stillborn after 24 weeks of pregnancy or if your baby is born alive at any stage of the pregnancy but only lives for a short time.

You can take your paternity leave at the time it was planned or you can take it within eight weeks of the baby’s death, if you had not already booked your paternity leave.

You may also be eligible for parental bereavement leave and pay which can be taken after you have finished your paternity leave.

The Union maintains that, in order for schools and colleges to be seen as employers of choice, access to properly paid paternity leave should be a day-one right.

Indeed, some schools and colleges do operate enhanced provisions in regard to paternity leave and pay.

It is important that you check your contract of employment and request a copy of the paternity leave policy from your employer.

In Northern Ireland, there is a paternity policy that covers every grant-aided school (TNC 2015/3).

In Scotland, you should refer to the Scottish Negotiating Committee for Teachers (SNCT) Handbook if you are employed by the local authority.

Paternity pay

You are entitled to receive up to two weeks’ Statutory Paternity Pay (SPP) if you:

• have worked for your employer continuously for at least 26 weeks by the end of the 15th week before the expected week of childbirth, known as the ‘qualifying week’;

• are employed to work for your employer up to the date of birth of your baby;

• earn at least the Lower Earning Limit on average for National Insurance purposes over eight weeks if paid weekly, or eight months if paid monthly, ending with the ‘relevant week’;

• notify your employer at least 15 weeks before the baby is due with the baby’s due date, when you want to start your leave and if you want to take one or two consecutive weeks’ leave;

• give your school/college the relevant online form, formerly known as SC3, or their version at least 15 weeks before the week the baby is expected.

If you meet these eligibility criteria, you must write to your school/college asking for SPP no later than 15 weeks before the baby is expected to be born.

It is important that you check your contract of employment and request a copy of the paternity leave policy from your employer, as many schools/colleges offer enhanced provisions in regard to paternity pay.

If you do not meet these eligibility criteria, you still may be entitled to take statutory paternity leave.

During your paternity leave, your employer has the right to make reasonable contact with you, but this should not be excessive or intrusive. If you want to return to work on the agreed date, no notice is required.

Paternity leave and adoption

If you are adopting, you and your partner will need to make a decision as to who is the 'main adopter' and who is the 'secondary adopter’.

You are only entitled to paternity leave if you are the ‘secondary adopter’, as the main adopter will instead be eligible for adoption leave and pay.

In order to be eligible for paternity leave if you are adopting, in addition you must:

• have a contract of employment;

• also have been employed continuously by the same employer for at least 26 weeks which end in the week when you have been notified that you have been matched with a child (for UK adoptions), or the week the child enters Great Britain or when you want the pay and leave to start if adopting from overseas;

• have, or expect to have, responsibility for the child’s upbringing;

• be the child’s father or husband or partner of the mother (or adopter), including same-sex relationships, the child’s adopter, or the intended parent if you are having a baby through a surrogacy arrangement; and

• be taking the leave to care for the child or support your partner.

Commencing paternity leave if adopting within the UK

From 6 April 2024, you are entitled to take either one or two weeks’ statutory paternity leave. This can either be taken as two weeks together or in two separate blocks of one week.

You can take your paternity leave at any time within the first 52 weeks after the date the adoption placement starts.

If you are adopting within the UK, you must write to your school/college informing them of the following:

• the date you were notified of being matched with the child;

• when you expect the placement to start or when it started if it has already started;

• that you have, or will have, responsibility for bringing up the child; and

• that you are married to or the civil partner of the child’s main adopter.

In regard to each period of paternity leave you want to take, you must tell your school/college the date you want the period of leave to start and how long it will last, as well as confirming in writing that the purpose of the leave is to care for the child or the child’s main adopter or both.

You are obliged to provide all of this information within seven days of being notified that you have been matched with a child.

Commencing paternity leave if adopting from overseas

From 6 April 2024, you are entitled to take either one or two weeks’ statutory paternity leave. This can either be taken as two weeks together or in two separate blocks of one week.

You can take your paternity leave at any time within the first 52 weeks after the date the child enters Great Britain.

If you are adopting from overseas, you must write to your school/college informing them of the following:

• the date that the child's main adopter received an official notification of the adoption;

• the date the child is expected to enter Great Britain or, if they have already entered Great Britain, the date they entered;

• that you have, or will have, responsibility for bringing up the child; and

• that you are married to, or the civil partner of, the child’s main adopter.

You must provide this information to your school/college within 28 days of either the date of the official notification or the date you have completed 26 weeks of working for your school/college, whichever is later.

In regard to each period of paternity leave you want to take, you must write to your school/college at least 28 days before, informing them of the date you want and how long it will last, as well as confirming in writing that you have, or will have, responsibility for bringing up the child.

If there is a situation where you are not able to provide the necessary information to your school/college, you should explain the situation and seek to provide it as soon as reasonably practicable.

If your school/college does require proof of adoption, you should look to provide either a letter from the adoption agency or a ‘matching’ certificate within 28 days.

Paternity pay for UK adoptions

You are entitled to receive up to two weeks’ Statutory Paternity Pay (SPP) if you:

• have worked for your employer continuously for at least 26 weeks ending with the ‘relevant’ or ‘matching’ week, e.g. the week you are notified of being matched with a child for adoption;

• are employed to work for your employer up to the date of your placement;

• earn at least the Lower Earning Limit on average for National Insurance purposes over eight weeks if paid weekly, or eight months if paid monthly, ending with the ‘relevant’ or ‘matching week’;

• married to or the civil partner or partner of the child's main adopter, including same-sex relationships; and

• are taking the leave to care for the child or support your partner.

Paternity pay for overseas adoptions

You are entitled to receive up to two weeks’ Statutory Paternity Pay (SPP) if you:

• have worked for your employer continuously for at least 26 weeks either ending with the week the main adopter received ‘official notification’ of the adoption or starting with the week you started working for your school/college; [1]

• are employed to work for your employer up to the date of your placement;

• married to or the civil partner or partner of the child's main adopter, including same-sex relationships; and

• are taking the leave to care for the child or support your partner;

• earn at least the Lower Earning Limit on average for National Insurance purposes over eight weeks if paid weekly, or eight months if paid monthly, ending with the ‘relevant’ or ‘matching week’; and

• have given your school/college notice within seven days of being notified that you have been matched with a child.

In addition, in order to be eligible for SPP, you are required to inform your school/college of the following, which should be done within 28 days of either receiving ‘official notification’ or the date you have been employed continuously for 26 weeks by your employer, whichever is later:

• the date the child's main adopter received the official notification;

• the date the child is expected to enter Great Britain;

• when you want to start your paternity leave; and

• how much paternity leave you intend to take.

Furthermore, you must tell your school/college the date when the child actually entered Great Britain within 28 days of the child’s arrival.

If you meet the eligibility criteria for either a UK or overseas adoption, you must write to your school/college within seven days of being told that you have been matched with a child, stating the following:

• the date you were matched with the child;

• the date your placement started or is expected to start;

• how much paternity leave you plan to take; and

• when you want to begin your paternity leave.

If there is a situation where you are not able to provide the necessary information to your school/college, you should explain the situation and seek to provide it as soon as reasonably practicable.

It is important that you check your contract of employment and request a copy of the paternity leave policy from your employer, as many schools/colleges offer enhanced provisions in regard to paternity pay.

During your paternity leave, your employer has the right to make reasonable contact with you, but this should not be excessive or intrusive. If you want to return to work on the agreed date, no notice is required.

If your adoption does not go ahead, your school/college should still pay your statutory paternity pay, as well as consider how else you can be supported during what could be an extremely upsetting time.

Paternity leave and surrogacy

If you are using a surrogate parent to have a baby and you or your partner have a genetic link to the child, you may be eligible to apply for a 'parental order' which transfers parental rights, including access to adoption leave and statutory paternity leave.

In order to be eligible for paternity leave if you are adopting through a surrogacy, you must:

• have a contract of employment;

• have worked for your employer continuously for at least 26 weeks prior to the ‘qualifying week’, i.e. 15 weeks before the expected week of childbirth;

• intend to apply for a parental order in the six months after the child’s birth and expect it to be granted;

• have or expect to have responsibility for the child’s upbringing;

• be the child’s father or husband or partner of the mother (or adopter), including same-sex relationships, the child’s adopter or the intended parent if you are having a baby through a surrogacy arrangement; and

• are taking the leave to care for the child or support your partner.

You school/college may ask you for a ‘statutory declaration’ which is a written statement provided by a solicitor confirming your situation in regard to obtaining a parental order.

Commencing paternity leave and surrogacy

From 7 April 2024, you are entitled to take either one or two weeks’ statutory paternity leave. This can either be taken as two weeks together or in two separate blocks of one week.

You can take your paternity leave at any time within the first 52 weeks after the date the child enters Great Britain.

Once the child is born and as soon as is reasonably practicable, you must let your employer know the date of birth. Your paternity leave cannot start before this.

You must inform your school/college when you intend to take your paternity leave and this should be provided at least 28 days before each period of paternity leave.

In addition, there is a requirement for you to inform your school/college no later than the ‘qualifying week’ (15 weeks from the week the baby is due) that you:

• have, or expect to have, responsibility for bringing up the child;

• are married to, or the civil partner or partner of, the other intended parent; and

• the other intended parent is a parental order parent of the child.

If there is a situation where you are not able to provide the necessary information to your school/college, you should explain the situation and seek to provide it as soon as reasonably practicable.

Your school/college should respond in writing confirming the dates you have requested for your paternity leave.

Paternity pay and surrogacy

You are entitled to receive up to two weeks’ Statutory Paternity Pay (SPP) if you:

• are eligible for and intend to apply for a parental order and expect it to be granted, or already have one;

• have worked for your employer continuously for at least 26 weeks ending with the ‘relevant’ or ‘matching’ week, e.g. the week you are notified of being matched with a child for adoption;

• are employed to work for your employer up to the date of the birth of the child;

• earn at least the Lower Earning Limit on average for National Insurance purposes over eight weeks if paid weekly, or eight months if paid monthly, ending with the ‘relevant week’;

• married to or the civil partner or partner of the other intended parent, including same-sex relationships; and

• have or expect to have responsibility for the care of the child together with the other intended parent.

Paying back your paternity leave if you are not returning to work after your paternity leave

You do not have to pay back any SPP if you are not returning to your school/college following your period of paternity leave.

However, if you are in receipt of any enhanced occupational paternity pay you will need to check your contract of employment carefully, as you may be required to pay it back.

Other rights during paternity leave

During your paternity leave, your terms and conditions of employment are protected.

Your employer cannot change your terms and conditions of employment whilst you are on paternity leave without your agreement.

You also cannot be dismissed from employment or subject to unfair treatment because you have taken paternity leave.

If your employer is proposing to make changes that could affect your employment, you should contact the NASUWT immediately.

Further advice and guidance

For further advice and guidance, please contact the NASUWT.

We can help with information and advice to support you throughout your paternity leave.

 

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Footnote
[1] This is designed to address a situation where you may have changed school/college since receiving the official notification.

 

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