The maximum duration of the basic statutory leave is two weeks. Paternity leave can start from:

* the date of the baby’s birth or any day of the week following the birth. If the baby is born earlier than expected, then the leave must be completed within the period from the actual date of birth up to 56 days after the first day of the expected week of birth

* within 56 days of the date of birth of the baby.

The employee has an obligation to inform the employer of the intention to take paternity leave by the end of the fifteenth week before the baby is expected. The employee must provide the following details:

* the start date of the leave to be taken

* the week the baby is expected

* the duration of leave to be taken.

Paternity pay

The rate of Statutory Paternity Pay (SPP) is the same as SMP (see above). However, an employee whose earnings are below the lower earnings limit for National Insurance purposes does not qualify for SPP. Such employees may be entitled to other welfare benefits.

Rights during and after paternity leave

A male employee who qualifies for paternity leave is entitled to:

* return to the same job

* return to the same terms and conditions of employment

* not be subjected to a disadvantage, unfair treatment or dismissal.

Qualifying fathers are also entitled to unpaid parental leave and to request flexible working.

Additional paternity leave

APL applies to those with a baby due on or after 3 April 2011. This allows the father to take part of the mother’s maternity leave so as to allow the mother to return to work. APL must be taken as one continuous period, must be for full weeks and for a period of between two and 26 weeks. APL may be taken at any time between 20 weeks after the date on which the child was born and the child’s first birthday. Unless the employer agrees to waive the notice requirements APL may not be taken until eight weeks after the date on which the father gives his employer the required notice. If the mother has not taken her full entitlement to statutory maternity pay when she returns to work, the outstanding amount transfers to the father/her partner who is taking APL.