Following the birth of a child or an adoption placement, fathers who are employees have a right to paternity leave and pay, to care for the child or support the mother.

Fathers who are workers will not quality for leave but may qualify for pay (see below).  Freelancers, unless they are classed as Workers, are not eligible for either paternity leave or pay.

Eligibility for Parental Leave:

Employees must satisfy the following conditions in order to qualify for paternity leave. They must:

• have or expect to have responsibility for the child’s upbringing
• be the biological or adopted father of the child, or the mother’s (who is pregnant or adopting) husband or partner
• have worked continuously for their employer for 26 weeks (ending with the 15th week before the baby is due, or at the week of notification of an adoption match), and have a contract of employment with their employer
• there are no age restrictions.

If you are not eligible, you can always ask your Employer if you can take some time off, paid or unpaid, for this purpose.

Length of paternity leave:

You can take up to two consecutive weeks’ paternity leave (not odd days).

You can choose to start your leave:

• on the day the baby is born or matched for adoption; or
• a chosen number of days or weeks after the birth/adoption; or when the baby is expected to be born/adopted.

Leave can start on any day of the week after the child’s birth/adoption but must be finished within 56 days of the baby being born/adopted.

If your partner has a multiple birth you’re only allowed one period of paternity leave.

Statutory Paternity Pay:

During their paternity leave, most employees are entitled to Statutory Paternity Pay (SPP) from their employers. Statutory Paternity Pay is paid by employers for up to two consecutive weeks. The rate is  £123.06 per week from 6th April 2009 (or 90% of average weekly earnings if this is less than £123.06).

If you earn less than the Lower Earnings Limit (LEL) for National Insurance contributions (currently £95 per week) you are not eligible for SPP but have the right to unpaid paternity leave if you meet the other conditions.

‘Workers’ may be eligible for SPP (not leave) if you meet the other qualifying conditions above (see under ‘Eligibility’).

Notice of intention to take paternity leave:

You must inform your employers of your intention to take paternity leave by the end of the fifteenth week before the baby is expected or at the week of the adoption match, unless this is not reasonably practicable.

You must tell your employers:

• the week the baby is due (or due to be adopted)
• whether you wish to take one or two weeks’ leave
• when you want your leave to start.

You can change your mind about the date on which you want your leave to start providing you tell your employer at least 28 days in advance (unless this is not reasonably practicable). You must give your employer 28 days notice of the date on which you want SPP to start.

Return to work after paternity leave:

You are entitled to return to the same job following paternity leave.

(NB in the future the Government intends to give fathers a right of up to 26 weeks Additional Paternity leave, some of which will be paid).

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If you work in the UK Media Industries and have a question about this or any other topic, please e-mail us at workline@freelanceadvisor.co.uk

Please note that the advice given on this website and by our Advisors is guidance only and cannot be taken as an authoritative interpretation of the law. It can also not be seen as specific advice for individual cases. Please also note that there are differences in legislation in Northern Ireland.