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paternity leaveBecoming a father, whether for the first or fifth time, is always an exciting occasion. However alongside the sleepless nights and constant stream of nappies come the inevitable financial worries.

What can you expect at work when you become a Dad? What are your paternity rights under employment law? Let’s take a look:

How do I claim Paternity Leave?

To claim Paternity Leave, you need to inform your employer no less than 15 weeks before your baby is due. You must let them know about:
•    Your baby’s due date
•    When you’d like to take your Paternity Leave
•    How much leave you want

What Paternity Leave am I entitled to?

Most Dads are eligible for 2 weeks paid Paternity Leave, but you can take 1 week if you prefer.
To qualify for Paternity Leave, you need to be the father of the child, its registered adopter or the husband or partner of the mother. You must also be an employee that’s worked continuously for at least 26 weeks before the ‘qualifying week’ that occurs 15 weeks before the child’s due date.

You can get 26 weeks of additional paternity pay if your partner returns to work.

During your Paternity Leave, your employment rights are completely protected. That means that you can still:
•    Accrue holiday
•    Take pay rises
•    Return to work
You might also be entitled to private Paternity Leave if your company has a scheme in place. For more information, consult your contract of employment and staff handbook.

When can I take my Paternity Leave?

You can take your Paternity Leave between the birth and after 56 days of the child being born. You don’t have to give an exact date and can state for your leave to start on the day of the birth, but if you do want to amend your state date you must do so at least 28 days before hand.

It must be taken in one go – unfortunately you’re not allowed to chop and change your paternity weeks.

How much money do I get on Paternity Leave?

The statutory weekly rate that you’re entitled to is £136.78, (due to increase to £138.18 from 6th April 2014) or 90% of your weekly earnings – depending on which is lowest. You’ll also have to pay tax and National Insurance on your pay.

In the sad event that you have lost your baby, you can still get Paternity Leave if the baby was stillborn after 24 weeks of pregnancy or born alive at any time.

What is Additional Paternity Leave?

If the child’s mother or adopter qualifies for statutory maternity leave and wishes to return to her place of work before her maternity leave runs out, then you could qualify for Additional Paternity Leave. This, which is paid at the same rates of statutory Paternity Leave, can start 20 weeks after the birth and must stop on the child’s first birthday.

Changes are due to be implemented in April 2015 regarding this which shall allow parents to share up to 50 weeks of shared parental leave and 37 weeks’ pay. It is anticipated that this will increase the flexibility of arranging leave between parents.

Do you think your paternity rights have been compromised? Employment experts at Howells Solicitors can help you with any queries you have. For independent employment advice, talk to Howells today – call 0808 178 2773 today.

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