Senior solicitor Andrea Corr, in our Employment Law team, reviews the changes due to take effect in April 2024 in relation to paternity leave.
Statutory Paternity Leave (Paternity Leave) and Statutory Paternity Pay were first introduced in the UK by the Paternity and Adoption Leave Regulations 2002 and came into effect in 2003. Leave has remained virtually unchanged since that time.
At present (subject to meeting eligibility requirements) Paternity Leave:-
- Is restricted to either one block of 1 week, or one block of 2 weeks;
- Must be taken within 8 weeks of the birth; and
- Requires that notice must be given 15 weeks before the Expected Week of Confinement (EWC).
There is no facility to take two separate blocks of time or for the father to take leave later than 8 weeks after the birth. The notice requirement is also a long one.
Statutory Paternity Pay is currently £172.48 or 90% of earnings whichever is the lower, per week (April 2023).
Under the new Regulations where the EWC is on or after the 6 April 2024 (and subject to meeting eligibility requirements) Paternity Leave:-
- May be taken as either one block of 1 week; or one block of 2 weeks; or two blocks each of 1 week;
- May be taken within the first year of the child’s birth; and
- Will require a reduced notice period of 4 weeks.
With effect from 7 April 2024 the Statutory Paternity Pay also increases to £184.03 or 90% of earnings whichever is the lower.
Paternity Leave is not restricted to fathers and there is also no requirement to have a biological link with the child. In a same sex partnership Paternity Leave can be taken by a partner. In an adoption it can be taken by the parent who is not taking Adoption Leave and in the case of surrogacy it can be taken by the intended parent.
Paternity Leave may be taken at the same time as the other parent is taking either Maternity or Adoption leave. As an alternative, the parents may choose to take Shared Parental Leave.
In terms of paternity rights the UK is widely reported as having some of the least generous paid paternity leave entitlements in Europe. According to figures released by Maternity Action in relation to claims for all types of parental pay (for 2021/22) only 205,000 parents claimed Statutory Paternity Pay whereas 350,000 parents claimed Statutory Maternity Pay.
It remains to be seen whether the changes will encourage more parents to take their paternity leave entitlements but if, by chance, you are an expectant parent who will be taking Paternity Leave after April 2024 then you will be able to avail yourself of the new arrangements and many congratulations on the upcoming arrival!
For further information or legal advice, please contact law@blandy.co.uk or call 0118 951 6800.
This article is intended for the use of clients and other interested parties. The information contained in it is believed to be correct at the date of publication, but it is necessarily of a brief and general nature and should not be relied upon as a substitute for specific professional advice.
