New parents to benefit from major rule changes to paid leave next month

08 February 2024 , 10:29

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New rules for paid parental leave will be introduced next month (Image: Getty Images)

New rules for paid parental leave will be introduced next month which will aim to give parents of newborn and adopted children more flexibility.

Under the current rules, fathers can take up to two weeks of paid leave if they've worked for their employer for a certain amount of time and earn above a threshold. This leave must be taken within the first eight weeks - or 56 days - after the birth or adoption date. Fathers must also tell their employer 15 weeks before the week of the due date - or the week of the adoption date.

However, from March 8 new fathers can split their leave into two blocks of one week at any point in the first year after the birth or adoption of their child. The notice period for each period of leave will also be shortened to 28 days or four weeks.

Although the new rules are being introduced next month, they will apply to parents of children born or adopted on or after April 6 2024. It falls under the new Paternity Leave (Amendment) Regulations 2024 from the Department for Business and Trade.

What is Statutory Paternity Leave?

Statutory Paternity Leave is the time you can take off to spend with a new born baby or a newly adopted child and is additional to your normal holiday allowance. The leave is paid and this is called Statutory Paternity Pay.

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According to Government guidance, to qualify for Statutory Paternity Leave you must be the:

• Child’s biological father
• Child’s adopter or intended parent (if using a surrogate)
• Child’s mother’s husband or partner (including same-sex partners)

You must also have been working for your employers for at least 26 continuous weeks before the end of the 15th week before the week of the due date - this is the "qualifying week" - or the end of the week that you are told you’ve been matched with your child for adoption.

The statutory weekly rate of paternity pay is £172.48 or 90% of your average weekly earnings and is based on whichever is lower and you are paid the same way as you get your wages - either monthly or weekly. Tax and National Insurance are also deducted as normal. Usually, new fathers are paid when they are on leave and their employers must confirm the start and the end dates. Employers cannot pay less than the statutory amounts and some companies offer a company paternity scheme which can pay new fathers more.

You can still get Paternity Leave or Pay if your baby is stillborn from 24 weeks of pregnancy or born alive at any point during the pregnancy.

Ruby Flanagan