Paternity and maternity leave – the current situation

In this article we will look at paternity and maternity leave and what it entails for new parents.

Paternity leave entitlement

Once your child has been born or adopted, you may be eligible for one or two weeks’ paid paternity leave. Whilst on paternity leave, you continue to be entitled to pay rises, holiday pay accrual and to return to work.

In additional to paternal leave, you are also entitled to accompany your spouse or partner (or the surrogacy mother) to two antenatal appointments or to attend two adoption appointments once you have been matched with a child.

Eligibility

To be eligible to take time off, you must be:

• The father, or
• The husband or partner of the mother (or adopter). This includes same-sex partners, or
• The child’s adopter, or
• The intended parent (if you are having a baby through surrogacy).

There are also additional conditions relating to paternity leave and paternity pay.

In relation to paternity leave, you must:

• Be an employee
• Give the correct notice
• Have been in continuous employment with your employer for at least 26 weeks before the “qualifying week”

The qualifying week is the 15^th week before the baby is due. In the case of adoption, this is the date you are matched with the child.

If you wish to claim paternity pay, you must:

• Be employed by your employer up to the date of birth;
• Earn an average of at least £123 per week before tax;
• Give the correct notice;
• Have been continuously employed by your employer for at least 26 weeks up to the end of any day in the “qualifying week”.

How do you give notice?

You must give at least fifteen weeks’ notice. You give notice by completing an online form. You must then download, sign it and then give or send it to your employer.

How much paternity leave can you take?

If your baby has been born since 6^th April 2024, you can take either one or two weeks paternity leave and you can take them separately. If your baby was born before that date, you are entitled to either one or two weeks of Paternity Leave and you must take them in one go.

The interpretation of “a week” may differ, depending on how many days you work. For example, if you only work two days a week, a week of paternity leave is two days.

Since 6^th April 2024, your paternity leave must end within 52 weeks of the birth and you must give your employer 28 days’ notice should you want to change your start date. You also do not need to give a precise date when you wish your leave to start but can give a general time. For example, you might say you wish your leave to start on the date of the child’s birth or one week after the birth.

How much paternity pay are you entitled to?

Statutory paternity pay is set at £184.03 or 90% of your average weekly earnings, whichever is lower. Any tax or national insurance due will be deducted. You should check whether your employer has a company paternity scheme – you may get more money. However, they cannot pay you less than the statutory amounts.

Are there any future changes planned?

The new Labour government that was elected on 4^th July 2024 has undertaken to review family leave changes. These might include scrapping the six months employment requirement before being eligible. However, these changes have not yet been enacted.

Maternity leave entitlement

To be entitled to Statutory Maternity Leave, you must be in employment and be expecting a baby. There is no qualifying period of employment before which you are entitled to Statutory Maternity Leave. Importantly, you cannot get Statutory Maternity Leave if you have a child through surrogacy. In such cases, you could get Statutory Adoption Leave and Pay.

Also, during any period of Statutory Maternity Leave, your employment rights are protected. You continue to be entitled to:

• Pay rises;
• Accrued holidays;
• Return to work.

Statutory Maternity Leave amounts to 52 weeks and is made up of two parts:

• Ordinary Maternity Leave which constitutes the first 26 weeks;
• Additional Maternity Leave which constitutes the last 26 weeks.

There is no requirement to take the entire 52 weeks. However, you must take two weeks’ leave after the baby has been born. The UK government has published a Statutory Maternity Leave Planner you can use to calculate your entitlement.

The earliest you can start your Statutory Maternity Leave is eleven weeks before the expected week of childbirth. There are also other possible start dates. These are:

• The day after the birth, should the baby arrive early
• An automatic start date if you are absent from work for a pregnancy-related illness in the four weeks before the baby is due.

When you are returning to work, you must give your employer eight weeks’ notice if you wish to change this.

How do you claim Statutory Maternity Leave?

You need to give at least 15 weeks’ notice before your due date. You must tell your employer when the baby is due and when you want to start your maternity leave. Your employer is entitled to ask for this notification in writing. Within 28 days of your employer receiving your notice, they must write to you confirming the start and end dates.

Claiming Statutory Maternity Pay

To receive Statutory Maternity Pay, you need to tell your employer you want to stop work to have a baby and also the date from which you want your Statutory Maternity Pay to start. You must give your employer at least 28 days’ notice. Within 28 days, your employer must confirm how much Statutory Maternity Pay you will receive, when it will start and when it will stop.

You must also have worked for your employer for a continuous period of at least 26 weeks which continues into the “qualifying week”. The qualifying week is the 15^th week before the expected week of childbirth.

If you are not eligible for Statutory Maternity Pay, your employer must give you form SMP1 which explains why you are not eligible. They must do this within 7 days of making their decision. In such circumstances, you may be eligible for Maternity Allowance.

Do you need to provide proof of pregnancy?

You do not need to provide proof of pregnancy to receive maternity leave. However, you do need to provide proof of pregnancy to receive Statutory Maternity Pay.

Within 21 days of your Statutory Maternity Pay start date you must provide either:

• A letter from your doctor or midwife, or
• Your MATB1 certificate. Doctors and midwives give you this no more than 20 weeks before your due date.

If your baby is born early, you still need to give your employer proof before you can receive Statutory Maternity Pay.

If you fail to give your employer proof that the baby is due, you will not receive Statutory Maternity Pay.

How much is Statutory Maternity Pay?

When on maternity leave, you are entitled to receive Statutory Maternity Pay. This is paid for up to 39 weeks. You are entitled to the following:

• 90% of your average weekly earnings (before tax) for the first 6 weeks;
• £184.04 or 90% of your average weekly earnings (whichever is lower) for the next 33 weeks.

Statutory Maternity Pay is paid in the same way as your employer pays your wages. This will be weekly, four weekly or monthly, following your normal pay cycle. Tax and National Insurance will be deducted in the normal way.

Shared Parental Leave and Shared Parental Pay

It is possible for you and your partner to be able to get both Shared Parental Leave and Shared Parental Pay. You can receive these if you are:

• Having a baby;
• Using a surrogate to have a baby;
• Adopting a child;
• Fostering a child you are planning to adopt.

You can share up to 50 weeks of leave and up to 37 weeks of pay between you and you must share this within the first year after the child is born or placed with your family.

You can explore how Shared Parental Leave and Pay works on the Gov.uk website.

Always check the time limits and qualification for eligibility

It is important not to miss any time limits and fulfil all criteria to qualify. You can also find full details of Paternity Leave and Pay and Maternity Leave and Pay on the Gov.uk website.