Katie Ash, Head of Employment Law at Banner Jones Solicitors, explains what businesses need to know about paternity leave and why it is important.
Having a baby or welcoming a child into your home is likely to be one of the biggest milestones in a person’s life. However, while the employment law around maternity leave is broadly understood, many employers are still unsure about the legislation surrounding paternity leave.
What is paternity leave and why does it matter?
“Paternity leave is really important because it allows an employee to spend time with their new child and to give support to their partner.”
Who is entitled to paternity leave?
“Only someone who is legally classed as an employee is entitled to statutory paternity leave,” Katie clarifies. “They must also have been employed continuously by the same employer for a period of time. Currently, that is at least 26 weeks up to any day in what is known as the ‘qualifying week’, which is technically 15 weeks from when the baby is due.”
How long is paternity leave?
“Some companies do offer enhanced paternity leave packages, but by law, an employee is entitled to take 1 or 2 weeks. The leave must be taken in the first 56 days of the baby’s life. However, if the employee wants to take 2 weeks, the weeks must be consecutive.”
What rights does someone on paternity leave have?
In the same way that the law protects women on maternity leave, Katie explains that it also protects men on paternity leave, or planning to take paternity leave – for example, overlooking them for promotion, or reducing their hours.
Katie says that if an employee believes they’ve experienced detrimental treatment because of paternity leave, they can take action.
“As with everything in employment law, it is far easier and more cost effective to put appropriate plans in place to protect your employees and your business, rather than dealing with a complaint or grievance.
“Likewise, offering a good, supportive paternity package is far more likely to result in loyal, happy staff members, which also helps to alleviate some of the pressure that comes with recruitment.”
