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Paternity and the Law

By: Elizabeth Mugan BA/BSc, PGDipLaw, BVC, CIArb - Updated: 6 Dec 2021 |
 
Paternity Law Fathers Employment Leave

As an expecting father you are filled with a huge range of emotions, from excitement to anxiety. With everything on your mind as you prepare for your child, one thing you don’t want to worry about is how becoming a dad will affect your job. If you take the time to plan your paternity leave, liaise with your employer and keep the lines of communication open, you should be able to enjoy the arrival of your new born without the pressure to go back to work. As a separated dad you can access the same rights, as long as you follow the procedures.

Who Can Take Paternity Leave?

Every employee has a right to paternity leave, but there are rules as to who is eligible for paternity leave, and you will need to check that you fit in the criteria to ensure you are able to access paternity leave pay. First of all, you MUST be an employee, not self-employed. You must also be taking the leave with a view to supporting the initial stages of childrearing. You must ensure that:
  • The child is biologically your own or;
  • You are adopting a child.

As long as you satisfy one of these criteria you can apply for paternity leave, as long as you are employed and have been an employee of the same company for at least 26 weeks before either:

  • The end of the 15th week of pregnancy before the week of the due date or;
  • The end of the week when you are told that you are matched with an adoptee.

How Much Paternity Leave Can I Have?

Paternity leave is taken in addition to paid holiday. Paternity leave can be taken for up to a maximum of 2 weeks. If you choose to take this amount of time, you have to take the time in consecutive weeks. You can choose to take a single week instead of two, but you cannot choose to take a second week at a different time if you choose to take a week. The week is based on your standard week, that is, if you work 3 days a week, you will get 3 days paternity leave in the week, if you work 5 days per week, you will receive 5 days of paternity leave.

It is important to note that you cannot take paternity leave for antenatal appointments, and if you want to be at these appointments you will need to talk with your employer, and probably take holiday time to cover the appointments. You should take the time to discuss time off with your employer, as many companies have more generous paternity leave schemes for their employees.

You must take the paternity leave within 56 days of your child’s birth, and it cannot start before the baby arrives.

What Paternity Pay Am I Eligible to Receive?

Standard paternity leave is called Ordinary Paternity Leave. If you satisfy the above criteria you may qualify for Ordinary Statutory Paternity Pay. This is paid for the length of your paternity leave, and is paid at a rate of £128.73 per week, or 90% of your average weekly wage, if this happens to be the lower amount.

How Do I Take Paternity Leave?

It is essential that you open communications with your employer as early as possible once you know that you are expecting a child. You must inform your employer of:
  • The expected date of your new arrival;
  • The number of weeks you intend to take leave on;
  • When you want the Ordinary Paternity Leave to begin.

You will need to inform your employer in writing about your choice to take paternity leave. This must be done in enough time to give your employer adequate notice. This must be:

  • At least 15 weeks prior to the due date week;
  • Within a week of being told that you are going to adopt a child.
To inform your employer of your paternity leave choice, you can use a ‘self-certificate’ form, known as an SC3, which is available from the direct.gov website.

If you are unable to give your employer sufficient notice for a valid reason then you should still give as much notice as possible. Valid reasons might be an early arrival or a lack of notice from your adoption agency. If you simply forget to inform your employer, you will lose any entitlement that you might have. You can change your Ordinary Paternity Leave date if you wish, as long as you give 28 days’ notice to your employer.

What is Additional Paternity Leave?

Since April 2011 some new parents have the right to take up to 26 weeks extra paternity leave. This will depend on the working circumstances of your child’s mother, and so you should investigate this further if you think that you will need to take time away from work once your child’s mother begins working again.

Problems With Paternity Leave?

If you find you’re having issues with your Ordinary Paternity Leave you need to talk to your employer in the first instance. They will be able to give you the best advice regarding your employment. If you feel that you are not getting the help you require, you should make use of your company grievance policy. Remember you have the right to Ordinary Paternity Leave, and if you follow the procedures properly and make sure you give adequate notice, you should be able to enjoy the first precious days of being a father.

Check out the Separated Dads Forum... It's a great resource where you can ask for advice on topics including Child Access, Maintenance, CAFCASS, Fathers Rights, Court, Behaviour or simply to have a chat with other dads.

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So my son met a woman and began dating, within a very short period of time he realised she was unstable, she said she had lost a child and broke up with the father. Her behaviour was strange and my son broke it off, she came to him saying she was pregnant and showed a scan, my son thought it was strange as the name on it wasn't her surname but she made up some excuse. They both decided they would try make a go of it and started looking at baby stuff, all this was very early on. A fee days after she informed him she didn't want the baby or the relationship and she was going to take a pill. The next day she txt to say she had done it and they were both done with it all, my son told me he couldn't be with someone who messed with his feelings, hot and cold so it was done, 6 months later my son meets the love of his life, they have bought a home together and getting married. Last week while shopping with his fiance, he saw this ex with a man and a child, he avoided her, but she has since messaged him saying the child is his, but on doing some research, he has found this ex has been married to the man she was shopping with for the past 6 years and he is bringing up this child. My son is devastated that she lied about the abortion and how it will affect his now life if he does a dna and it is his. Will he be liable for child support should this unstable woman decide to take things further?
Eve - 6-Dec-21 @ 11:12 PM
@Sammy.(i never wanted to be with the mother )all I was doing was trying to see my daughter .(i have no interest in her mother never did) .i seen a photo of my daughter online back 2015 and wanted meet her maybe even have her live with me (full time) .(f it why not I thought she lived with her mother for years how about live me fulltime now was my thinking ).what makes mothers so Special and better parents?.
Christopher - 29-Jul-20 @ 4:39 PM
@Sammy.i haven't seen my daughter sence 09 .long time ago .back in 2015 I Sent sum messages to try and see my daughter .i just got in trouble had to face court .(i didn't want to be mother .i was just trying to see my daughter ).i thought with the time frame she might have changed and let me see my daughter .it was just wish full thinking that women never change she will hate me forever and never allow me to see the child .now it's to late for court because the child is grown up .
Christopher - 29-Jul-20 @ 3:26 PM
so my wife n i separated in 2011, we got back together again but did leave together. basically I haven't seen my son since end of 2017. I don't know where they live, I text her couple of times cos i want divorce but without her address what do i do.
Sammy - 29-Jul-20 @ 1:06 PM
Hi my question is simple. Am I entitled to paternity leave if I do not live with the mother of my new born son? We have had a complicated relationship and we are not together at the moment but I am still supporting her through the birth etc. My work have asked me to fill out a form from HMRC that states I must be the biological father or a partner who lives in a family relationship with the mother. I am the biological father but I do not live in a family relationship. I am worried this will effect my partners benefits in some way as she has been out of work since our first son and on benefits since I moved out. I hope this makes sense. I just want to ensure that me signing this will not make the government think we are together then stop her benefits. Kind Regards
Josh Stewart - 23-Jun-20 @ 10:03 AM
Hi. I am a student aged 23 and am married to my wife who is 21. We have been married for almost a year now. When I met my wife I had just been out of a relationship with my Ex that cheated on me. After a few months of proposing to my wife the Ex came back and told me she was pregnant of my child. My wife and I have been supporting the child ever since irregardless of the fact that we don't work but both are students. The mother has not given me a chance to be on the child birth certificate firstly. The mother of the child's family does not want me to get contact to the child because am married, they claim my wife will hurt the baby meanwhile the wife is supported by my wife, secondly. The family of the mother of the baby and the mother of the baby are negligent towards the baby, Dont help in buying food, clothes and medications of the baby leaving my wife and I to do such thought we only see the baby during the course of the day once in a month because the mom steals the baby to give to us just to see during the day,secondly. Lastly my family don't think the child is mine and I also have a bit of doubt. Knowing how the mother of the child is and how her family is I would like to skip the drag of going to court by taking the child for DNA testing without the mother knowing so that I can officially go to court and fight custody legally. But my question now is that am I gonna be able to ask her to give me all the clothes and essentials I bought for the baby if the results come back negative considering the fact that am not even the legal father because I am not written on the birth certificate.?
Gray - 22-Sep-19 @ 4:26 PM
Hi guys, so I've been through court for eldest son and won eventually representing myself after 1st hearing but now it's more complicated as the new baby mother is allowing reasonable access, our 17 month old I have regularly I'm on birth certificate and he has my surname, but we've had another son due to be registered next week I've eventually talked her into letting me be on his birth certificate but her condition is I agree he has her surname, it's a forieng name hard to pronounce and even she hates it, her first born has his fathers name so she will have 3 kids 3 different surnames, I've read that law states as our 17 month old has my name this one should too, but how hard is it to get a judge to agree as my solicitor says they wouldn't change a certificate once signed, also if I sign certificate is that me agreeing to it,as if I don't sign it I have no parental responsibility... Hope someone can help me with this quick I've not much time to decide thanks
Jordy t - 18-Mar-19 @ 1:09 AM
Hi I've been split from my ex for 5yrs now She let's me see my daughter a couple of a week for a few hours and because of my work. I find it hard to do. So I have been asking for the past few yrs if my daughter could stay over when I'm off and we will have more time together as dad and daughter, but she has point blank said No, What is my best course of action
Tony - 16-Jan-19 @ 11:21 AM
Ricco - Your Question:
Please help my ex left my 6month old son with me because she wasn’t coping I’ve got proof to show he was in my care she came for first visit tried to run off with him then got me arrested saying I hit her and baby which was a lie.baby was left with my sister as police could see he was safe and was not in danger.my bail terms never allow me to contact her then last night the police jus last night came and took him off me and served me a non mole I’m so distraught they didn’t even care about taking his creams and milk with them in 12.00midnight.his mother has lied and lied now I’m facing Abh charges and without my son.I’ve never been nicked before.I can’t understand how I been given court order without any mediation

Our Response:
Your only recourse to resolve this matter is via court. In cases of non-molestation orders mediation doesn't play a part.
SeparatedDads - 7-Jun-18 @ 11:28 AM
Please help my ex left my 6month old son with me because she wasn’t coping I’ve got proof to show he was in my care she came for first visit tried to run off with him then got me arrested saying I hit her and baby which was a lie..baby was left with my sister as police could see he was safe and was not in danger .my bail terms never allow me to contact her then last night the police jus last night came and took him off me and served me a non mole I’m so distraught they didn’t even care about taking his creams and milk with them in 12.00midnight .his mother has lied and lied now I’m facing Abh charges and without my son ..I’ve never been nicked before ...I can’t understand how I been given court order without any mediation
Ricco - 6-Jun-18 @ 5:15 AM
Hi please help my son has a 16 month old boy and hes ex partner will only let him see him for 4 hours every second Saturday and she says that he's not allowed to come to London to see the rest of his family he also has a new girlfriend which is exclaims that his son is not allowed to meet he pays her regular maintenance once a month and there is no cost involved please help me to find out where my son stands on this matter thamk you
Sam - 16-May-18 @ 5:31 PM
ADS78 - Your Question:
I have 3 kids with my ex 6/3& 1 month we split up prior then I stopped the night after 6year old Bday and our 1 month old is the result. She wants us to get back together but I won't and uses kids against me. I have kids every Wednesday and every 2nd Fri/Sat/Sun but she is refusing me access to 1 month old unless I stop at hers. I am not allowed to even take out for a couple of hours. What can I do.

Our Response:
It's quite a tricky situation given your child is still so young. Your only recourse would be to suggest mediation where you cannot agree in order to come to an arrangement that suits you both. However, if your ex is breastfeeding and while the child is so young, then you may have to allow a degree of flexibility here.
SeparatedDads - 16-Oct-17 @ 2:24 PM
I have 3 kids with my ex 6/3& 1 month we split up prior then I stopped the night after 6year old Bday and our 1 month old is the result. She wants us to get back together but I won't and uses kids against me. I have kids every Wednesday and every 2nd Fri/Sat/Sun but she is refusing me access to 1 month old unless I stop at hers. I am not allowed to even take out for a couple of hours. What can I do.
ADS78 - 15-Oct-17 @ 6:30 PM
Miss--E - Your Question:
my ex dumped while pregnant and got someone else. I only saw him when my son was a month old. he sees him once a month but only talks aboutt us getting back together the whole time. since then hes sent a total of 4000 in support of our son. He threatens to take him from me if I dont get back together with him. I am currently a student please advise.

Our Response:
If you fear your ex will take your child and he has parental responsibility (the police can intervene if he doesn't), then you can apply through the courts for a Prohibited Steps Order. A PSO, is an order granted by the court in family cases which prevents either parent from carrying out certain events or making specific trips with their children without the express permission of the other parent. This is more common in cases where there is suspicion that one parent may leave the area with their children. As in all cases, the court’s main concern is the welfare of the child in question. The court will always put the child’s best interests first and this main issue will determine the outcome of any application for an order. The fact your ex has given you money, does not mean he is entitled to take yours and his child without consent.
SeparatedDads - 8-Sep-17 @ 4:07 PM
my ex dumped while pregnant and got someone else. i only saw him when my son was a month old. he sees him once a month but only talks aboutt us getting back together the whole time. since then hes sent a total of 4000 in support of our son. He threatens to take him from me if i dont get back together with him. I am currently a student please advise.
Miss--E - 4-Sep-17 @ 11:32 PM
Hello I am split from my wife of 11 years we have two boys and a third child on the way she says I am not going to the scan or the birth as I have no rights to be there. Is this the case or do I have a right to be there . I don't want to cause any stress during this time but I want to be there.
Chef - 30-May-17 @ 7:29 PM
My friends have just had a baby ( now 5 wks old)and mother has walked out leaving the baby when it was 9 days old. She is still taking maternity leave while he is struggling ( he is signed off work sick).I am sure he is entitled to shared paternity leave as he is the sole carer of the baby, for the foreseeable future anyway. Anyone been in the situation and can offer advice regarding the law? Thanks
Alli - 19-Nov-16 @ 4:02 PM
I split with my pregnant ex a couple month ago. She refuses to update me on the pregnancy and she has informed me I won't be at the birth. The mother is emotionally unstable, smokes cannabis and brigs her kids around the company of heavier drugs. Would I have a good chance of getting custody of my soon to be daughter or will it be an expensive waste of time?
Aj - 21-Oct-16 @ 9:42 AM
I am married and we have one child aged 4 who has just started school.We have a five bedroom house worth about £1.1 million with a £450k mortgage.I earn £82k and my wife earns £90k, a nanny looks after our child when he gets back from school.If we were to break up would I have any rights to the money in the house if we shared responsibility for looking after the child?
CDoodle - 3-Oct-16 @ 2:24 PM
My partner of 3 years has 3 children to a previous relationship. One aged 5, one aged 4 and one aged 2 (when we met he was under the impression his ex partner had had a termination, when she found out we were together she didn't go ahead with this and failed to tell him he had another child on the way until 1 month before her birth). Only the past year he has had regular contact with his children despite paying regular mainentence and pleading for more time with them. My partner and I are now expecting our first child and she has stopped all contact between him and his 3 children dispite the fact she has no real reason to do so. He pays regular maintenance (more than necessary but he wants them to have the best), he buys anything they need from clothes to activity fees, takes them whenever she asks and always pleads to see them more. It is although she doesn't want him having contact with them because he has another child on the way. What would you suggest we do? Do we apply for a contact order? Thanks in advance
Alm90 - 1-Aug-16 @ 8:56 PM
Hi I am a father of 3 kids. Recently separated from my wife of 12 years. I have also recently been released from jail back in October. My ex has a court order to have no contact with her but I am able to see my kids through a third party court order. Things have seemed to be great when I have the kids but recently notice they don't like to go home and just found out that there step brother who is 19 has recently threaten my oldest daughter who is 12 that he would take her life was more like uttering threats with a deadly weapon. So guess my question is with only visitation rights and not seeing the act only hearing what happened from my daughter am I able to press charges?
Jeffy - 15-Jul-16 @ 6:33 AM
Hi, my ex hid my daughter's registration from me, so I am not on the birth certificate, she then call the cops and had me arrested after we argued at a playgroup, no charges were filed. Now she is married to another man and has moved away. My daughter is now 8. I haven't seen her in 6 years. What if anything can I do to get contact with her? Ps. I have Bern trying to find her and have never given up hope, but her mother has done nothing but lie to me since the day we met. Please help me I'm desperate for some direction.
Jebus - 11-Jul-16 @ 11:28 PM
amyyb82- Your Question:
I am currently going through the mataince people and my sons father is refusing to do dna he thinks my son ant his he also isn't paying a penny I've been waiting nearly 2years for something to get done I want to know what action I can take!!!

Our Response:
If the CSA/CMS is dealing with this, then the 'named' father should pay until the results of the DNA test come through. If parentage is assumed, the agency will work out a child maintenance amount. The person named as the parent has to pay this until they can prove that they’re not the parent. Please see gov.uk link here. I suggest you contact the CSA/CMS to see why your son's father is not paying, if he has been named as the father.
SeparatedDads - 29-Feb-16 @ 10:12 AM
I am currently going through the mataince people and my sons father is refusing to do dna he thinks my son ant his he also isn't paying a penny I've been waiting nearly 2years for something to get done I want to know what action I can take!!!
amyyb82 - 28-Feb-16 @ 2:23 AM
Hi, Ex-girlfriend cheated on me with my mates brother.. With the dates baby can be mine or his. Can I still take maternity leave?Even though through my maternity leave I'll be liaise with my solicitor due to being in doubt of the biological father (Work know that she's pregnant but not that the baby might not be mine, do I have to tell them? Work in a professional business so wouldnt look good on my behalf). Also won't show me any scans picture nor the genre of the child when found out, is this legal? What our my rights; Currently 19 weeks pregnant
Unknown - 7-Jan-16 @ 9:42 PM
H - Your Question:
Hi, my partner has been separated from his wife for 3 years now and she is refusing to sign the divorce papers. She is also in a new relationship, but is very controlling and refusing to let my partner have his children come and stay because she does not like fact he has moved on and started a new relationship. He only gets to see the when she says so and at her house. He is going to go to court but is there anything he can do in the mean time? Can he simply take them, they are his children and if he was still happily married he wouldn't have been asking permission to take them out. It would have been considered normal. This is definately having an effect on the children and their bond with their father. I'm trying to support him the best I can, any advice would be appreciated, thanks

Our Response:
I would never advise that a person just 'take' their children, as it could be more detrimental to your partner's future chances when applying for access, should the police get involved. The most straightforward way would be to either suggest mediation to his ex, of if she refused, take her to court. Please see article: When Your Ex-Partner Denies You Access, here. I hope this helps.
SeparatedDads - 30-Nov-15 @ 12:04 PM
Hi, my partner has been separated from his wife for 3 years now and she is refusing to sign the divorce papers. She is also in a new relationship, but is very controlling and refusing to let my partner have his children come and stay because she does not like fact he has moved on and started a new relationship. He only gets to see the when she says so and at her house. He is going to go to court but is there anything he can do in the mean time? Can he simply take them, they are his children and if he was still happily married he wouldn't have been asking permission to take them out. It would have been considered normal. This is definately having an effect on the children and their bond with their father. I'm trying to support him the best I can, any advice would be appreciated, thanks
H - 29-Nov-15 @ 3:28 PM
My ex husband doesn't want anything to do with my youngest child, he only wants to see my older two. He left me back in November 2011 for another woman, my youngest was born December 2011, he turned up at the hospital stoned and drunk and midwife was really unsure about letting him in the room until I pleaded he should witness the birth of this daughter. Anyway, he started off having contact with her, had her one night and that was completely unsuccessful, he climbed out of his mothers front room window with her, he hadn't dressed her, she was only wearing a vest, hadn't strapped her in her car seat, threw a blanket over her and hadn't even put a seat belt over the car seat and drove to my house in his mothers car without a drivers licence, no insurance etc. A few months later, he was meant to have all three for 2 hours during the 6 weeks holiday, he only asked for the older two, I forced him to have all three, an hour and a half later he demanded I pick them up...anyway, he hasn't paid child maintenance for three years now, he doesn't see my youngest and doesn't want to either. He is on all birth certificates, however, we were only married at the time of my youngest being born. Since last year I have been in a new relationship, my ex husband has said that if my new partner wants to adopt my youngest then he can as he is the only father she has ever known...my new partner is happy but obviously I would rather wait until we are married before this happens. My question is, even now after everything, would a court still consider my ex husband and the father of my youngest child to still have parental responsibility given the way he has been with her? He doesn't know her and she doesn't know him at all, hasn't seen him since being only a few months old. Any help or advise would be greatly appreciated.
MissyG - 24-Oct-15 @ 9:13 AM
Kertlyj- Your Question:
Hiya, I am now 27 weeks pregnant but my ex walked out on our 5 year relationship 7 weeks ago. He intends on taking 2 weeks paternity leave as he wants to be involved. However I am going to be having a c-section and will need a lot of support yet he is refusing to stay at mine to help with the baby.Does this class as him not fulfilling his paternity duties?Some advise would be great

Our Response:
There is nothing to monitor what a parent does and does not do regarding paternity leave or duties. Neither are their any rules governing what parental responsibility involves on a day-to-day basis, this is something you will need to work out between yourselves. If the fathers chooses not to stay with you in order to help post-birth, this is his perogative.
SeparatedDads - 6-Oct-15 @ 11:26 AM
Hiya, I am now 27 weeks pregnant but my ex walked out on our 5 year relationship 7 weeks ago. He intends on taking 2 weeks paternity leave as he wants to be involved. However I am going to be having a c-section and will need a lot of support yet he is refusing to stay at mine to help with the baby. Does this class as him not fulfilling his paternity duties? Some advise would be great
Kertlyj - 5-Oct-15 @ 12:07 PM
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