Paternity and shared parental leave

This section helps you understand a member's rights when they are having a baby with their partner. It will help you to understand which of your are entitled to paternity rights, including and pay. This section also provides guidance about , which allows to time off with their partner during their child's first year.

Proposed reforms under the Employment Rights Bill

  1. 1.What are the proposed reforms to paternity and shared parental leave under the Employment Rights Bill?

Paternity leave and pay

  1. 2.What is paternity leave?
  2. 3.Which members of staff are entitled to take paternity leave?
  3. 4.Are agency workers entitled to take paternity leave?
  4. 5.Are casual workers and freelancers entitled to take paternity leave?
  5. 6.How much paternity leave are employees entitled to take?
  6. 7.Can employees take one week of paternity leave and their second week later?
  7. 8.Can employees take paternity leave if they have already taken shared parental leave?
  8. 9.When can paternity leave start and what is the deadline for taking it?
  9. 10.Can an employee take paternity leave whilst their partner or surrogate is in labour?
  10. 11.Once an employee has informed me of the start date for paternity leave, can they change it?
  11. 12.Does paternity leave count as part of continuous service?
  12. 13.Which staff are entitled to statutory paternity pay?
  13. 14.How much is statutory paternity pay?
  14. 15.What should I do if my employee is not eligible for statutory paternity pay?
  15. 16.How and when should I pay staff on paternity leave?
  16. 17.If my business offers enhanced paternity pay, do I have to pay statutory paternity pay on top of this?
  17. 18.Can I recover paternity leave payments from the government?
  18. 19.How do I recover statutory paternity pay from the government?
  19. 20.What records do I need to keep about paternity pay?
  20. 21.How do I deal with a staff member whose partner or surrogate has had a miscarriage, stillbirth or where the baby dies shortly after birth?
  21. 22.Am I allowed to contact a member of staff or ask them to do any work during their paternity leave?
  22. 23.What should I do if an employee wishes to extend their paternity leave?
  23. 24.Do I have to agree to a request to work part-time or work flexibly from an employee returning from paternity leave?
  24. 25.What criteria does an employee whose partner or ex-partner is due to give birth need to meet in order to qualify for paternity leave?
  25. 26.What criteria does an employee whose partner or ex-partner is due to give birth need to meet in order to qualify for statutory paternity pay?
  26. 27.What notice does an employee whose partner or ex-partner is due to give birth need to give in order to qualify for paternity leave and pay?
  27. 28.What do I need to do once an employee has notified me that they intend to take paternity leave?
  28. 29.What further notice does an employee taking paternity leave need to give me after their child is born?
  29. 30.What criteria does a surrogacy parent need to meet in order to qualify for paternity leave?
  30. 31.What criteria does a surrogacy parent need to meet in order to qualify for statutory paternity pay?
  31. 32.What notice does a surrogacy parent need to give me to qualify for paternity leave and pay?
  32. 33. What criteria does an employee adopting a child from the UK need to meet in order to qualify for paternity leave?
  33. 34.What criteria does an employee adopting a child from the UK need to meet in order to qualify for statutory paternity pay?
  34. 35.What notice does an employee adopting a child from the UK need to meet in order to qualify for paternity leave and pay?
  35. 36.What further notice does an employee taking paternity leave need to give me after their adoptive child is placed with them?
  36. 37.What criteria does an employee adopting a child from overseas need to meet in order to qualify for paternity leave?
  37. 38.What criteria does an employee adopting a child from overseas need to meet in order to qualify for statutory paternity pay?
  38. 39.What notice does an employee adopting a child from overseas need to meet in order to qualify for paternity leave and pay?
  39. 40.What notice does an employee taking paternity leave need to give me after their adoptive child arrives in Great Britain?

Shared parental leave and pay

  1. 41.What is shared parental leave?
  2. 42.How does shared parental leave work?
  3. 43.Which staff are entitled to take shared parental leave?
  4. 44.Are agency workers entitled to take shared parental leave?
  5. 45.Are casual workers or freelancers entitled to take shared parental leave?
  6. 46.How much shared parental leave are employees entitled to take?
  7. 47.When can shared parental leave start?
  8. 48.Can an employee take several periods of shared parental leave?
  9. 49.Can parents take shared parental leave at the same time?
  10. 50.Once an employee has given me their dates for shared parental leave, can they change or cancel them?
  11. 51.Do I have to agree to an employee's request for shared parental leave?
  12. 52.How do I deal with a booking notice requesting discontinuous blocks of shared parental leave?
  13. 53.Can I speak to my employee's partner's employer about their shared parental leave arrangements?
  14. 54.Does shared parental leave count as part of continuous service?
  15. 55.Which staff are entitled to statutory shared parental pay?
  16. 56.How much is statutory shared parental pay?
  17. 57.Should I offer enhanced shared parental pay?
  18. 58.If I offer enhanced shared parental pay, are staff entitled to statutory shared parental pay on top of this?
  19. 59.How and when should I pay staff on shared parental leave?
  20. 60.How do I calculate an employee's normal weekly earnings in order to work out how much shared parental pay to pay them?
  21. 61.Can I make shared parental pay conditional upon the employee returning to work?
  22. 62.Can I recover shared parental pay payments from the government?
  23. 63.How do I recover shared parental pay payments from HMRC?
  24. 64.What records about shared parental pay must I keep?
  25. 65.Does an employee continue to accrue holiday and other entitlements during shared parental leave?
  26. 66.When can an employee take holiday accrued during their shared parental leave period?
  27. 67.Do I need to consider employees who are on shared parental leave for pay rises, bonuses and promotions?

Eligibility and notice requirements for shared parental leave and pay

  1. 68.What criteria does a birth parent need to meet in order to qualify for shared parental leave and pay?
  2. 69.What criteria does an adoptive or surrogacy parent need to meet in order to qualify for shared parental leave and pay?
  3. 70.What notice and information must an employee give me before taking shared parental leave?
  4. 71.What goes into a shared parental leave eligibility notice and declarations and when must it be provided?
  5. 72.What goes into a shared parental leave booking notice and when must it be provided?
  6. 73.What notice must an employee give me to stop her maternity leave ?
  7. 74.What notice must an employee give me in order to stop their adoption leave?
  8. 75.What further evidence can I ask a birth parent to provide once I have received their eligibility notice and declarations?
  9. 76.What further evidence can I ask an adoption parent to provide once I have received their eligibility notice and declarations?
  10. 77.What further evidence can I ask a surrogacy parent to provide once I have received their eligibility notice and declarations?

Returning to work after shared parental leave

  1. 78.Can employees on shared parental leave do any work for me during shared parental leave?
  2. 79.What work can an employee do for me on a SPLiT day?
  3. 80.How many SPLiT days are employees entitled to take?
  4. 81.Are SPLiT days obligatory?
  5. 82.How much must I pay an employee for a SPLiT day?
  6. 83.How do I manage a return to work for an employee who has been on shared parental leave?
  7. 84.Is my employee entitled to come back to the same job they had before when they return from shared parental leave?
  8. 85.Is my employee entitled to come back to the same job after shared parental leave if they took 26 weeks or less of family related leave?
  9. 86.If my employee takes other leave (eg annual leave) after their shared parental leave, can they still come back to the same job?
  10. 87.Is my employee entitled to come back to the same job if they took more than 26 weeks of shared parental leave?
  11. 88.Do I have to consider a request to work part-time or work flexibly from an employee returning from shared parental leave?
  12. 89.Do I have to agree to a request to extend shared parental leave beyond 52 weeks?
  13. 90.What should I do if an employee resigns whilst on shared parental leave?
  14. 91.Am I obliged to pay accrued holiday if someone does not return from shared parental leave?
  15. 92.Am I allowed to make an employee redundant whilst on shared parental leave?

Shared parental leave - Request for evidence following eligibility notice (Adoption and surrogacy)

After receiving notice from a staff member that they are eligible for shared parental leave, you may request evidence about the adoption or surrogacy arrangement and/or the name and address of the other parent's employer, provided you do so within 14 days of receiving the notice. You can use this letter to request this evidence from your staff member. You can also purchase this letter as part of the Shared parental leave toolkit .

Notice of updated return date from paternity leave

Please note that this document has recently been updated. It can be used for employees whose child is due after 6 April 2024, or whose expected date of adoption placement is on or after 6 April 2024. If your employee's child is due to be born or placed with them before this date, this document will not apply. This notice can be sent to a staff member to confirm a change to their paternity leave period for any reason. There are various reasons why the timing of a staff member’s paternity leave might change. The timetable for adoption proceedings might change, or the birth of the child might be premature. This letter has variations to cover all the potential reasons for changes. You can also purchase this letter as part of the Paternity toolkit .
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