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This fact sheet will give you some basic information about your paternity rights.

Please be aware that this is not legal advice and if you are concerned about any of the issues mentioned you should speak to a lawyer.

You can contact Russell Jones & Walker's solicitors at enquiries@rjw.co.uk or call our freephone number 0800 916 9065.

Am I entitled to paternity leave?

New fathers, or partners of new mothers, are entitled to one or two week's statutory paternity leave on the birth or adoption of a child. You have a right to this leave if you live with the mother and expect to have responsibility for raising the child. This applies whether you are male or female and work part- or full-time.

To qualify for statutory paternity leave, you must have been in continuous employment for 26 weeks at the end of the 15th week before the expected week of childbirth.

Some employment contracts have better paternity leave arrangements, so it is always worth checking yours.

How long is statutory paternity leave?

Paternity leave can be one whole week or two consecutive whole weeks. You can choose when you want it to start, providing it is all taken within 56 days of the child's birth or placement for adoption.

How do I tell my employer I want to take paternity leave?

You must write to your employer telling them you intend to take paternity leave and how much you intend to take. You must notify them on or before the 15th week before the expected week of the child's birth. You can change this date providing you give 28 days' notice.

Do I get any statutory paternity pay?

You are entitled to statutory paternity pay if you earn more than £90 per week. Statutory paternity pay is £117.18 per week or 90 per cent of your average weekly earnings if this is lower - this is the same amount as the lower rate of statutory maternity pay. You pay tax and National Insurance on your statutory paternity pay in the same way as normal.

Are my terms and conditions affected?

You are entitled to the same benefits as normal while you are on statutory paternity leave, apart from wages and salary. You are also entitled to return to your job at the end of your paternity leave.

Your employer's pensions contributions to a money purchase scheme should continue as normal and should be calculated as if you are receiving your normal salary. If the rules of your pension scheme require you to contribute, your contributions should be based on the amount of pay you are actually receiving. This means you will be paying less than if you had been working normally. In a money purchase scheme, your employer may not make up this shortfall, but they need to if you are in a salary-related pension scheme.

Are the rules different if I am adopting a child?

The right to statutory paternity leave and pay applies to adoption as well as birth. The conditions and benefits are mostly the same, however, the right to paternity leave on adoption is separate from and in addition to adoption leave. If you are adopting, you and your partner can decide who takes adoption leave (up to one year) and who takes paternity leave (one or two weeks).

What are my rights when taking paternity leave?

If you are dismissed or treated less favourably for taking paternity leave you may be able to claim unfair dismissal or discrimination. The law in this area is complicated and there is a three month time limit for making a claim, so you should get legal advice as soon as possible.

Do I have a right to any more paternity leave?

You may have read about new rights to take longer paternity leave. Legislation in 2006 introduced the power to allow up to 26 weeks' additional paternity leave, some of which may be paid if the child's mother has returned to work. This would be available during the second six months of your child's life. However, a date has not yet been set for this scheme to start.