Since 6 April 2003, employees, subject to qualifying conditions, have been entitled to:

• Either one whole week or two consecutive weeks' paternity leave.
• Statutory paternity pay (SPP) for up to two weeks.

Both must be taken within the period of 56 days beginning with the date of childbirth or the date of placement of an adopted child.

Statutory paternity leave (SPL)

The leave regulations govern;

• The right to take SPL and the circumstances in which individuals become eligible for SPL in respect of the birth of a child or the adoption of a child.
• When, and the period in which, SPL can be taken.
• The employee's notification obligations to their employer in respect of their exercise of their right to take SPL and, where necessary, the provision of evidence by the employee of their eligibility to take SPL.
• The impact on the employee's contract of employment of exercising the right to SPL.
• The right to return to work upon completion of SPL.
• Protection from detrimental treatment as a result of the employee's taking or seeking to take SPL, or because the employer believed that the employee was likely to take such leave.
• Automatic unfair dismissal, where the reason (or principal reason) for the employee's dismissal was their taking or seeking to take SPL, or the employer's belief that they were likely to take such leave.
• The relationship between statutory and contractual rights to paternity leave.

Eligibility

Employees might be eligible for SPL in relation to the birth or adoption of a child. The spouse, the civil or the "partner" of the child's mother or adopter will be entitled to take SPL if they satisfy the appropriate eligibility criteria.

The eligibility criteria for SPL differ slightly depending on whether the leave is to be taken in respect of a birth or adoption.

Length of leave

An employee is entitled to take a period of either one week or two continuous weeks' SPL Each one- or two-week SPL entitlement relates to each child in respect of which the employee qualifies as an eligible employee.

A two-week SPL entitlement cannot be taken as two separate periods of one week: the entitlement to paternity leave is only to one period of leave. It is for the employee to choose whether that period is to be for one or two weeks.

Purpose of the leave

The purpose of SPL is for an eligible employee to care for the child or support the mother or adopter as the case may be. If an employee takes SPL for reasons other than those specified in the Leave Regulations, then they may commit an act of misconduct. This may entitle the employer to subject the employee to the employer's disciplinary process.

Protection from detriment or dismissal

The law protects employees from detrimental treatment and dismissal for reasons connected with their SPL rights.