UK Employment Law\ Employer \ Parental Leave
Paternity Rights
Employment laws have changed vastly in the UK over the last ten years of the twentieth century. Equality was seen as not only the improvement of rights for female workers, but in many cases, for male workers too. Paternity Rights were enshrined in law by the Labour administration as an attempt at putting more emphasis on the stability of the family unit. Laws were brought in to give new fathers the chance to bond with children and take responsibility for their upbringing.
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The biological father can take paternity leave. This is also available to the mother's husband or partner.
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You must be a parent named on the birth certificate; or the adoption certificate.
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The duration of 2 weeks’ paid leave is available so long as the employee has given at least 26 weeks' notice prior to the 15th week before the due date.
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The person claiming paternity leave cannot take the leave as individual days, but must take it as either a one-week block, or two consecutive weeks.
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The person claiming paternity leave is entitled to pay at the same rate as the lower rate of SMP.
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Paternity leave can begin at any time after the child's birth so long as it is over within 56 days of the birth.
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If your child is aged five years old, or under, then you have a right to parental leave. If your child is disabled, the age is eighteen years old, or under. You will need to have been continuously employed by your boss for at least a year to qualifty.
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Fathers, mothers or legal guardians who are separated and not living with the child in question can claim parental leave.
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You are NOT entitled if you carry out agency work, contract work, or are self-employed.
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You are NOT entitled if you are a foster parent.
If you do not qualify for parental leave
If you need to take some time away from work because of your child, then you can take paid holiday. Ask your boss for unpaid holiday, or see if you can work more flexibly. Your boss may be able to give you time off if there is a genuine emergency.
If you cannot get anytime away from work, then you should:
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discuss the problem with the HR manager;
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seek the advice of a trade union rep;
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make a complaint using your contractual grievance procedure.
