The law around parental leave now makes it easier than ever for both parents to be involved with the care of their new baby.
Here are the facts and figures you need to start making your decisions about how much leave to take and who will take it:
How much paternity leave am I allowed to take?
Teachers are entitled to one or two weeks’ paternity leave if they meet the following conditions:
- They have been continuously employed for at least 26 weeks by 15 weeks before the expected week of childbirth or, in adoption cases, have 26 weeks’ service by the week in which they are notified by an adoption agency that they have been matched with a child.
- They are the biological father of the child; or they have been matched with a child by an adoption agency; or they are the spouse, civil partner or partner of the child’s mother; or they are the spouse, civil partner or partner of someone who has been matched with a child by an adoption agency.
- They expect to have main responsibility (with the child’s mother, co-adopter or adopter) for the child’s upbringing; or they are the child’s biological father and they expect to have some responsibility for the child’s upbringing.
- The intended leave is for the purpose of caring for the child or supporting the child’s mother, adopter or co-adopter in caring for the child.
When do I have to take my paternity leave?
Paternity leave must be taken within 56 days of the child’s birth or the expected week of childbirth or adoption placement, and is subject to notice being given at least 15 weeks before the week of the baby’s due date.
Teachers who take paternity leave are entitled to be paid at the statutory rate (£148.68 from 7 April 2019) or 90 per cent of their average weekly earnings (whichever is lower).
Is a teacher allowed to take shared parental leave?
Shared parental leave (SPL) allows eligible parents to “share” up to 50 weeks’ leave and 37 weeks’ statutory pay upon the birth or adoption of a child.
SPL may be taken concurrently between parents or consecutively, in blocks of one week. There is also scope for the leave to be taken intermittently, with multiple short periods of leave, so long as the total amount of leave does not exceed 52 weeks between the parents.
To be eligible for SPL and benefit from the pay, parents must satisfy a two-stage test. Both the mother and her partner must fulfil what is called an “economic activity” test, so they must both have:
- Worked for any 26 out of the 66 weeks preceding the child’s birth.
- Earned at least £30 gross salary per working week for any 13 of those 66 weeks.
How long do you have to be working at a school to qualify for shared parental leave?
The teacher who proposes to take SPL must also satisfy the following service requirement:
- 26 weeks’ continuous service with the same employer at the 15th week before the child’s due date.
- They must still be working for the same employer when they intend to take the leave.
Alice Reeve is partner at Veale Wasbrough Vizards law firm