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Alex Denne
Growth @ Ƶ | Introduction to Contracts @ UCL Faculty of Laws | Serial Founder

Setting Up a Paternity Leave Policy (UK)

9 Jun 2023
29 min
Text Link

Note: Links to our free templates are at the bottom of this long guide.
Also note: This is not legal advice

Introduction

In the UK, there has been a groundbreaking shift in the way fathers are being viewed: paternity leave is now seen as an essential part of nurturing a child, rather than a mere add-on. Following the introduction of new legislation that guarantees employees two weeks’ paternity leave after the birth of their child, it’s important to consider how this change could benefit both parents and employers.

Firstly, improved access to quality paternal care has been shown to have positive effects on children’s development and emotional well-being. Offering fathers the opportunity to take some time off work to bond with their newborn infant can help them build closer relationships with their children as they grow up. Furthermore, research shows that when dads take paternity leave it often helps to ease the pressure on mothers while they adjust to life with a new baby – thus reducing stress levels and improving mental health for both parents.

What’s more, by providing employees with time off for paternity leave employers are demonstrating their commitment towards creating equitable workplaces which accommodate family needs. Such support is especially essential for fathers who might not feel comfortable taking such leave otherwise – whether because of financial pressures or cultural stigma surrounding men taking ‘time off’. Ultimately, granting dads sufficient time away from work can help break down gender stereotypes and create an atmosphere where everyone can contribute equally in both home and professional life.

At Ƶ we understand how complicated navigating these changes can be - which is why we’ve created a free open source legal template library filled with millions of data points telling us what a market-standard paternity policy looks like. These templates allow you to draft customized high-quality legal documents without having to pay for expensive lawyers - ensuring that your business remains compliant under the new laws whilst still fostering an inclusive environment where all families can thrive!
For those seeking further guidance on setting up a paternity policy in line with UK law here at Ƶ offer step-by-step advice - so be sure to read on below for all your need-to-know information about our community template library today!

Definitions

Employment Rights Act 1996: A UK law which defines and protects an employee’s rights including minimum wage, time off, and health and safety.

Part-Time Workers Regulations 2000: A UK law which outlines the rights of part-time workers in regards to equal pay and time off.

Family and Medical Leave Regulations 1999: A UK law which outlines the rights of employees to take unpaid leave for family or medical reasons.

Statutory rights: Rights that are granted by law, rather than by an employer.

Contractual rights: Rights that are granted by an employer, usually as part of an employment contract.

Allowance: A payment given to an employee to cover certain expenses.

Contents

  1. An overview of paternity leave legislation in the UK and the rights of fathers and their families
  2. Research the current legislation
  3. Research the rights of fathers and their families
  4. Best practices for drafting a paternity leave policy
  5. Define the length of the paternity leave
  6. Establish a structure for how the leave will be taken
  7. Create a requirement for employees to provide documentation to support their request for paternity leave
  8. What type of financial support employers may be able to offer
  9. Research any statutory or contractual obligations employers must adhere to
  10. Establish a budget for paternity leave
  11. How to communicate the paternity leave policy to employees
  12. Decide which mediums of communication will be used
  13. Draft the communication
  14. Distribute the communication to employees
  15. Considerations for employers when establishing a paternity leave policy
  16. Consider any potential impacts on morale
  17. Consider any potential impacts on productivity
  18. Consider any potential impacts on the employer’s budget
  19. Resources for employers and employees to access for more information
  20. Identify any relevant websites and/or organisations
  21. Create a list of relevant contacts
  22. Create a list of relevant publications and/or documents
  23. Establish a paternity leave review process
  24. Define the scope of the review process
  25. Determine a timeline for the review process
  26. Assess the impact of the paternity leave policy in the workplace
  27. Establish a method for collecting data
  28. Analyse the data collected
  29. Make any necessary changes to the paternity leave policy
  30. Make any necessary changes
  31. Communicate the changes to employees
  32. Monitor the paternity leave policy to ensure it is being adhered to
  33. Establish a process for monitoring the policy
  34. Monitor the policy on an ongoing basis

Get started

An overview of paternity leave legislation in the UK and the rights of fathers and their families

  • Read up on the current legislation regarding paternity leave in the UK, including any relevant regulations, legislation, and rights of fathers and their families
  • Understand the various types of paternity leave available, such as paternity leave for birth, adoption, and shared parental leave
  • Familiarize yourself with the relevant eligibility criteria for taking paternity leave
  • Research the specific rights and entitlements of fathers and their families in regards to paternity leave
  • Make note of any changes in paternity leave legislation that have recently come into effect
  • When you feel comfortable that you understand the current legislation and the rights of fathers and their families, you can check this step off your list and move on to researching the current legislation.

Research the current legislation

  • Read up on the UK’s current paternity leave laws, such as the amount of leave allowed and the compensation available.
  • Investigate the rights of fathers and their families to ensure that the paternity leave policy being developed is compliant with the latest regulations.
  • Look into the rights of the father’s employer, such as the requirement to maintain the father’s job when they return from paternity leave.
  • Check the rights of any other parties involved, such as the father’s partner and the child’s mother.
  • Review case studies of paternity leave policies that have been implemented in other organisations.
  • Once you’ve done your research and feel comfortable with the current legislation, you can move on to the next step of researching the rights of fathers and their families.

Research the rights of fathers and their families

  • Read through the current legislation on rights of fathers and their families in the UK
  • Visit the government website for any updates on paternity leave and rights of fathers
  • Contact organisations such as Fathers4Justice for more information
  • Review relevant case studies for advice and best practice
  • When you feel confident in the rights of fathers and their families in the UK you can move on to the next step- Best practices for drafting a paternity leave policy

Best practices for drafting a paternity leave policy

  • Consult a lawyer to ensure that you are in compliance with all relevant legislation
  • Identify the needs of your staff and any potential benefits of offering paternity leave
  • Research best practices used by other employers in your industry
  • Develop a paternity leave policy that is tailored to your company’s needs
  • Consider offering additional benefits or options such as shared parental leave
  • Outline the process for requesting paternity leave
  • Make sure to include information on pay and any other allowances
  • Include any necessary paperwork or forms to be completed
  • Publish your paternity leave policy on your company website and in employee handbooks

Once you have completed the above steps, you can move on to the next step of defining the length of the paternity leave.

Define the length of the paternity leave

  • Decide what the maximum length of paternity leave will be, taking into account the statutory entitlement of two weeks’ leave
  • Consider allowing employees to take additional leave beyond the statutory entitlement, if desired
  • Specify whether the additional leave will be paid or unpaid
  • Include any other eligibility criteria for taking additional leave
  • When you have determined the length of the paternity leave, add this to your policy document
  • Once you have defined the length of the paternity leave and added it to your policy, you have completed this step and can move on to establish a structure for how the leave will be taken.

Establish a structure for how the leave will be taken

  • Decide on how the paternity leave will be taken: all at once, or spread across multiple days/weeks?
  • Consider the potential impact on the role of the employee taking the leave and how it may be managed
  • Clarify any additional provisions required for working parents such as flexible working arrangements
  • Outline the process for requesting paternity leave
  • Create a policy document outlining the structure of the paternity leave policy

Once you have established the structure of the paternity leave policy, you can move on to creating a requirement for employees to provide documentation to support their request for paternity leave.

Create a requirement for employees to provide documentation to support their request for paternity leave

  • Determine what type of documentation employees will need to provide in order to demonstrate their paternity leave request, such as birth certificates, marriage certificates, and/or proof of relationship.
  • Establish a clear policy that outlines the documentation requirements and the process for submitting the request.
  • Communicate the requirements and policy to all employees, ensuring they are aware of the need to provide the necessary documentation.
  • Set up a system to track and store the documentation, such as a secure online document repository.
  • When all the steps above have been completed, you can move on to the next step – what type of financial support employers may be able to offer.

What type of financial support employers may be able to offer

  • Check whether there are any statutory requirements for paternity leave in the UK, and what the associated payments are
  • Research any contractual obligations within your organization, such as enhanced pay for paternity leave
  • Consider offering a variety of financial support options, including full or partial wage replacement, additional time off, or a bonus payment
  • Make sure you are aware of any legal requirements regarding the payment of paternity leave
  • Talk to your financial advisors or other relevant professionals to understand the financial implications of the policy
  • When you’ve got a clear understanding of the financial support you can offer, you can check this step off your list and move on to the next.

Research any statutory or contractual obligations employers must adhere to

  • Review the UK Government’s website regarding paternity leave entitlements
  • Ensure that any policy you implement meets the statutory requirements of the UK Government
  • Research any contractual obligations your company has regarding paternity leave
  • Review any industry-specific requirements that should be complied with
  • Check off this step when you are sure you have taken into account all relevant statutory and contractual obligations.

Establish a budget for paternity leave

  • Calculate the costs associated with paternity leave, such as the amount of salary to be paid, the amount of leave taken, and any other benefits associated with paternity leave
  • Estimate how much the company will need to budget for paternity leave
  • Consider any other expenses that may be associated with paternity leave, such as additional recruitment or training costs
  • Determine how the budget will need to be adjusted in order to accommodate paternity leave
  • Once the budget has been determined and the necessary adjustments have been made, you can check this off your list and move on to the next step.

How to communicate the paternity leave policy to employees

  • Draft a paternity leave policy that outlines the terms and conditions of paternity leave
  • Contact a lawyer to ensure the policy is legally compliant
  • Distribute the policy to all employees, clearly outlining the terms and conditions of paternity leave
  • Ensure employees are aware of any entitlements or benefits they may be entitled to while on paternity leave
  • Ensure employees are aware of any special circumstances that may apply to them (e.g. self-employed workers)
  • Provide employees with any additional information they may require (e.g. application forms, guidance on how to apply)

Once you have completed these steps, you can move on to the next step: deciding which mediums of communication will be used.

Decide which mediums of communication will be used

  • Review the various communication methods available, such as email, intranet, staff handbook, and posters
  • Decide which methods are the most appropriate for communicating the paternity leave policy to employees
  • Consider the advantages and disadvantages of each medium before making a decision
  • Once you have chosen the communication methods, you can check this step off your list and move on to the next step: Drafting the communication.

Draft the communication

  • Research other paternity leave policies to get an idea of what your policy should include
  • Decide how much time you want to offer parents for paternity leave
  • Note any other relevant details, such as any additional benefits that may be offered
  • Draft the policy and any other communications regarding the policy
  • Make sure to proofread the policy and any additional communications before sending them out
  • When you are satisfied with the policy and any other communications, you can mark this step off your list and move on to the next step.

Distribute the communication to employees

  • Send the communication to all employees
  • Make sure that all employees receive the communication at least two weeks before it is expected to go into effect
  • Distribute the communication in whatever way makes most sense for your organization—this could be through email, a company-wide announcement, or a physical copy to each employee
  • Once all employees have been informed, you can check this step off your list and move on to the next step.

Considerations for employers when establishing a paternity leave policy

  • Examine existing legislative obligations for employers in the UK
  • Research any current policies and practices in the workplace
  • Outline the purpose of the paternity leave policy
  • Consider the needs of employers, employees and the business
  • Determine the eligibility criteria for paternity leave
  • Decide on the length of paternity leave
  • Assess the financial impact of the policy on employers
  • Set out the terms and conditions of paternity leave
  • Discuss the implications of paternity leave with employees
  • Determine the support available for employees on paternity leave
  • Establish a process for applying for, and returning from, paternity leave
  • Review the paternity leave policy regularly

Once you have considered each of the above points, you can check this step off your list and move on to the next step.

Consider any potential impacts on morale

  • Discuss any potential impacts on morale with your team or relevant stakeholders
  • Consider how paternity leave may affect team morale, such as feelings of resentment or favouritism
  • Analyse the potential effects of paternity leave on team bonding and collaboration
  • Decide what adjustments, if any, need to be made to ensure your team remains productive
  • Once you have established a paternity leave policy that takes into account any potential impacts on morale, you can check this step off your list and move on to the next step.

Consider any potential impacts on productivity

  • Research the possible impacts of paternity leave on productivity in the UK
  • Review any existing research on the subject
  • Speak to other employers to get their insights
  • Consider any potential impacts on the employer’s operational costs
  • Ensure that any paternity leave policy is practical and feasible
  • When you have a good understanding of the potential impacts on productivity, you can move on to the next step.

Consider any potential impacts on the employer’s budget

  • Consider the potential financial impacts of a paternity leave policy, such as:
  • Increased payroll costs
  • Loss of productivity
  • Reduced morale due to employee absences
  • Increased recruitment costs due to staff turnover
  • Calculate the potential costs of implementing a paternity leave policy in order to determine its financial feasibility.
  • Assess whether the paternity leave policy is financially viable for the employer.
  • Check off this step once you’ve considered the potential financial impacts and determined if the paternity leave policy is financially feasible.

Resources for employers and employees to access for more information

  • Identify relevant websites for employers and employees to access for more information about paternity leave policies, such as , HMRC, ACAS, etc.
  • Look into any industry-specific organisations and/or unions that may provide additional resources and guidance.
  • Make sure that any other documents/guidance provided to employees is up-to-date and accurate.

When you’ve identified relevant websites and organisations, you can check this step off your list and move on to the next step.

Identify any relevant websites and/or organisations

  • Research the UK government website for information on paternity leave policies and other related topics
  • Check the ACAS website for advice on setting up a paternity leave policy
  • Look into the Advisory, Conciliation and Arbitration Service (ACAS) Code of Practice on maternity, paternity and adoption rights
  • Consult the Equality and Human Rights Commission (EHRC) website for information on workplace rights and legal obligations
  • Once you have identified the relevant websites and/or organisations, take note of them in a document and/or bookmark them for easy access
  • Once you have identified all the relevant websites and/or organisations, you can check this step off your list and move on to the next step.

Create a list of relevant contacts

  • Identify any relevant contacts in the UK who can offer advice on setting up a paternity leave policy. This could include colleagues in the same industry, HR professionals, and/or trade unions.
  • Make a list of these contacts and include their details (name, job title, contact information).
  • When you have made a comprehensive list, you can check this off your list and move on to the next step.

Create a list of relevant publications and/or documents

  • Research relevant employment law documents, such as the Employment Rights Act 1996, regarding paternity leave
  • Identify any updates to the legislation since it was first introduced
  • Look for any publications or documents on the subject of paternity leave from the Government or other relevant organisations
  • Read up on relevant case studies or best practices regarding paternity leave
  • When you have a comprehensive list of relevant documents and publications, check this step off your list and move on to the next step.

Establish a paternity leave review process

  • Establish a regular schedule for reviewing the paternity leave policy, such as annually or every two years.
  • Identify a team to lead the review process, such as HR, legal, and other department heads.
  • Create a survey or questionnaire to send to employees to get feedback on the paternity leave policy.
  • Create a timeline to ensure the review is completed in a timely manner.
  • Set milestones and deadlines to ensure the review is completed in a timely manner.
  • Develop a report to present to management with any recommendations or changes to the paternity leave policy.

Once the review process is established, the team can begin to review the paternity leave policy.

Define the scope of the review process

  • Identify the members of the review team and their roles
  • Determine the criteria for assessing paternity leave applications
  • Outline a process for appeals
  • Establish a timeline for review of applications
  • Set up a system to track paternity leave applications
  • Once all of these items have been established, check them off your list and move on to the next step.

Determine a timeline for the review process

  • Create a timeline for the review process, including:
  • Establishing the start date of the review process
  • Identifying key milestones for the evaluation process
  • Establishing a timeline for the implementation of the paternity leave policy.
  • Assign roles and responsibilities to team members to ensure the review process is completed in a timely manner.
  • Set a timeline for the review process and communicate it with the team.
  • When the timeline is established and agreed upon, you can check this step off your list and move on to the next step.

Assess the impact of the paternity leave policy in the workplace

  • Consider the needs of both employers and employees when assessing the impact of the paternity leave policy
  • Take into account the views of all stakeholders, including employees, management, and other business partners
  • Research existing paternity leave policies in similar organizations
  • Analyze the potential impact on employee morale, productivity, and recruitment
  • Identify potential legal or financial implications
  • Draft a list of pros and cons

When you can check this off your list:
When you have a comprehensive list of the potential impacts of the paternity leave policy, you can check this off your list and move on to the next step.

Establish a method for collecting data

  • Decide which data should be collected to evaluate the impact of the paternity leave policy (e.g. number of employees taking paternity leave, number of hours taken, employee satisfaction survey results, etc.)
  • Choose the most appropriate data collection method (e.g. online survey, interviews, written feedback forms, etc.)
  • Set up the chosen data collection method and make sure it is easy for employees to use
  • Make sure all employees are aware of the data collection method and understand how to use it
  • Monitor the data collection process to ensure that data is being collected accurately
  • When data collection is complete, you can check off this step and move on to the next one.

Analyse the data collected

  • Collect and review data from surveys and employee feedback
  • Examine data for trends in employee needs and preferences for paternity leave
  • Identify areas of improvement for the current paternity leave policy
  • Make a list of any changes that need to be made
  • Once all data has been reviewed and changes identified, move on to the next step.

Make any necessary changes to the paternity leave policy

  • Review the collected data and analyse any gaps or discrepancies in the current paternity leave policy
  • Identify any areas where changes should be made to the policy to ensure it is compliant with current legislation
  • Draft the changes to the policy and consult with relevant stakeholders
  • Get approval for the changes from the relevant stakeholders
  • Make any necessary changes to the policy
  • Ensure the policy is updated and communicated to all relevant staff
  • Monitor the impacts of the changes and make any further changes if needed
  • Check off this step from your list and move on to the next step.

Make any necessary changes

  • Review the existing paternity leave policy and make any necessary changes
  • Create a clear policy outlining the paternity leave entitlements of employees
  • Consider any additional benefits that may be available for employees taking paternity leave, such as flexible working arrangements
  • Ensure the policy is compliant with all applicable UK legislation
  • Check that the policy includes information on how to apply for paternity leave, what documentation will be needed, and how to extend the leave period
  • When all necessary changes have been made, check that the policy is up to date and ready to be communicated to employees

Communicate the changes to employees

  • Ensure that the paternity leave policy has been correctly communicated to all employees.
  • Make sure that all staff are aware of the updated policy and the changes that have been made.
  • Notify employees in advance of the start date for the policy so that they can make plans for their leave.
  • Create a document outlining the paternity leave policy that can be shared with employees.
  • Provide training to managers and supervisors on the policy so that they are aware of their responsibilities.
  • Make sure that employees are aware of the process for applying for paternity leave and the necessary paperwork.

When you have completed the above steps, you can be sure that the paternity leave policy has been successfully communicated to all employees.

Monitor the paternity leave policy to ensure it is being adhered to

  • Establish a process for monitoring the paternity leave policy
  • For example, it could involve HR tracking and approving paternity leave requests
  • Assign a designated person to review and monitor the policy
  • This could be a manager or HR representative
  • Make sure the process is clear to all parties involved
  • Monitor the policy regularly to ensure it is being adhered to
  • When you have established a process and monitored the policy you can check this off your list and move on to the next step.

Establish a process for monitoring the policy

  • Determine who in the organization is responsible for monitoring the policy.
  • Assign tasks and responsibilities associated with monitoring the policy.
  • Establish a timeline for reviewing and evaluating the policy on a regular basis.
  • Create a feedback loop to ensure any issues are addressed and changes implemented.
  • Develop a system for collecting and tracking data associated with paternity leave requests.

Once you have established a process for monitoring the policy, you can move on to the next step of monitoring the policy on an ongoing basis.

Monitor the policy on an ongoing basis

  • Review employee feedback regularly and make changes as necessary
  • Monitor compliance with the policy, taking steps to ensure compliance
  • Follow up with employees who take paternity leave to ensure they had a positive experience
  • Analyse data from paternity leave applications to assess the effectiveness of the policy
  • Once you have successfully monitored the policy for a period of time, you can move on to the next step.

FAQ

Q: How does paternity leave in the UK differ from the US and EU?

Asked by David on June 14th 2022.
A: Paternity leave in the UK is different to both the US and EU. In the UK, fathers are entitled to two weeks of paternity leave which they can take any time within 56 days of the birth or adoption. This is known as Statutory Paternity Leave (SPL).

In the US, there is no federal law that guarantees paid parental leave, though some states have their own laws and some employers offer paid parental leave.

In the EU, fathers are entitled to at least 10 working days of paid paternity leave. This can vary from country to country depending on their local laws.

Q: What is the minimum period for taking statutory paternity leave?

Asked by John on August 15th 2022.
A: Fathers in the UK are entitled to two weeks of statutory paternity leave which must be taken within 56 days of the birth or adoption of a child. This can be taken as one complete block or two separate blocks of leave, each lasting at least one week.

Q: Are there any additional rights for fathers in the UK?

Asked by Joseph on November 20th 2022.
A: Fathers in the UK have additional rights under the Shared Parental Leave system which allows them to share parental leave with their partner and take up to 50 weeks of shared parental leave and 37 weeks of pay between them. This can be taken as one block or in separate periods, depending on their preferences and needs. They also have additional rights, such as flexible working hours, which allow them to adjust their working hours around childcare arrangements.

Q: What benefits are available to fathers taking paternity leave in the UK?

Asked by William on April 28th 2022.
A: Fathers who are eligible for statutory paternity leave will receive Statutory Paternity Pay (SPP) while they’re on leave. This is calculated based on their average earnings over an eight-week period before they take paternity leave, up to a maximum of £151 a week or 90% of their average weekly earnings if this figure is lower than £151 a week. They may also be entitled to other benefits such as company maternity pay if their employer offers it.

Q: How much notice do I need to give my employer before taking paternity leave?

Asked by Joshua on October 28th 2022.
A: Parents must give their employer at least 15 weeks’ notice before they plan to start their paternity leave and must include details such as when they plan to start their leave and how much time they plan to take off. They must also provide proof that they’re eligible for paternity leave, such as a copy of their child’s birth certificate or an adoption certificate.

Q: What happens if I need more than two weeks off for my paternity leave?

Asked by Michael on December 14th 2022.
A: If you need more than two weeks off for your paternity leave, you may be able to take advantage of Shared Parental Leave (SPL). SPL allows parents to share up to 50 weeks of parental leave between them and 37 weeks of pay between them if they meet certain criteria, such as if they’ve been employed continuously for 26 weeks or more leading up to the baby’s due date or adoption date. You can find out more about SPL here [link].

Q: Is there any support available if I’m self-employed?

Asked by Christopher on July 1st 2022.
A: Self-employed individuals may be eligible for Statutory Paternity Pay (SPP) if they meet certain criteria outlined in this guide [link]. They should also check with their local authority for any additional support that may be available in their area.

Q: Are there any tax implications when taking paternity leave in the UK?

Asked by Daniel on September 21st 2022.
A: Employers are required by law to pay Statutory Paternity Pay (SPP) at the same rate as other statutory payments such as Statutory Sick Pay (SSP). This means that SPP is subject to Income Tax, National Insurance Contributions (NIC) and student loan deductions in exactly the same way as SSP payments. Self-employed individuals should also check with HMRC regarding any tax implications when taking SPP or SPL payments [link].

Q: Is there an upper limit on how much I can earn while taking paternity leave?

Asked by Matthew on May 10th 2022.
A: Yes, there is an upper limit on how much you can earn while taking Statutory Paternity Pay (SPP). Your employer will calculate your SPP based on your average earnings over an eight-week period before you take your paternity leave, but this cannot exceed £151 per week or 90% of your average weekly earnings if this figure is lower than £151 per week. Any income you receive over this amount will not be included in your SPP calculations and may be subject to Income Tax, National Insurance Contributions (NIC) and student loan deductions [link].

Q: Are fathers eligible for Statutory Paternity Pay if they’re employed part-time?

Asked by Robert on February 1st 2022.
A: Yes, fathers who are employed part-time are still eligible for Statutory Paternity Pay (SPP). Your employer will calculate your SPP based on your average earnings over an eight-week period before you take your paternity leave, but this cannot exceed £151 per week or 90% of your average weekly earnings if this figure is lower than £151 per week [link].

Q: Does my employer have any obligations when it comes to setting up a paternity policy?

Asked by Thomas on March 30th 2022.
A: Employers have certain legal obligations when it comes to setting up a paternity policy that covers statutory rights such as parental pay and time off work for fathers looking after a newborn child or adopting one [link]. Employers should ensure that they comply with all relevant legislation when setting up a policy and should consult with employees during the process so that everyone understands what’s expected from them when it comes to taking time off work for any type of parental responsibility.

Q: How do I know if I’m eligible for statutory paternity pay?

Asked by George on January 4th 2022.
A: To be eligible for Statutory Paternity Pay (SPP), you must meet a number of criteria outlined here [link]. Generally speaking, you must have been employed continuously with your employer for at least 26 weeks leading up to either the baby’s due date or adoption date and still be employed by them at the time you start your SPP payments; you must also earn above a certain amount each week before taxes are deducted; and you must provide proof that you’re eligible for SPP, such as a copy of your child’s birth certificate or an adoption certificate [link].

Q: Is there any extra support available for fathers who are unable to take statutory paternity pay due to eligibility issues?

Asked by Jack on August 22nd 2022.
A: Yes, there is extra support available for fathers who are unable to take statutory paternity pay due to eligibility issues such as not having worked continuously with their employer for at least 26 weeks leading up to either the baby’s due date or adoption date; not earning above a certain amount each week before taxes are deducted; or not being able to provide proof that they’re eligible for SPP [link]. Fathers may be able to access various benefits such as Universal Credit or Child Benefit; these benefits will depend upon individual circumstances so it’s best to speak with an appropriate professional advisor who can help identify which benefits might be available and how best to apply for them [link].

Example dispute

Lawsuits Involving Paternity Leave

  • A plaintiff may raise a lawsuit referencing paternity leave if they feel that their employer has violated their rights by not providing them with the proper amount of leave.
  • The plaintiff could reference relevant labor laws or civil law that stipulate that employers are required to provide a specific amount of paternity leave.
  • The plaintiff could also cite any applicable company policies or handbooks that state the same.
  • In order to win the lawsuit, the plaintiff would need to demonstrate that their employer was in violation of the law or policy, and that they had suffered some form of economic or emotional harm as a result.
  • Settlement could be reached in the form of damages or reimbursed wages, or an agreement to provide the appropriate amount of paternity leave in the future.
  • If damages are awarded, they could be calculated based on lost wages during the time of the violation, or any emotional distress caused by the violation.

Templates available (free to use)


In Depth Parental Leave Policy Large Organisation Corporation Friendly
Intention To Take Shared Parental Leave And Shared Parental Pay Notice Birth
Intention To Take Shared Parental Leave Notice Adoption

Policy For Shared Parental Leave Adoption
Policy For Shared Parental Leave Birth















Simple Parental Leave Policy Smes Friendly

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