For babies with an expected week of childbirth (EWC) after 6 April 2024, and for children placed for adoption on or after 6 April 2024, significant changes have been made to the law relating to periods of leave and notification requirements for paternity leave.

As a result, the system that your client may be used to is changing radically.

For babies with an EWC of before 6 April 2024, employees have the choice of taking either one or two weeks as paternity leave within 56 days of the child’s birth.

This must be taken either as one single block of one week or one single block of two weeks. If only one week is taken, the second week cannot be taken at another time.

Notice of the leave must be given in or before the 15^th week before the EWC, and it must specify, amongst other things, the days on which they want to take leave.

If an expecting parent has an EWC after 6 April 2024, the new rules should be applied to this employee.

Once that has been given, she will need to give a separate notice of the days on which they want to take the leave.

As they will be able to take it up to 52 weeks after the birth (not 56 days as it is under the rules for children with an EWC of before 6 April 2024), it might be some time before they provide notice of the dates they want to take leave, especially if they choose to take it around the time that her partner returns to work or the child’s first birthday.

What hasn’t changed for paternity leave is the entitlement to take unpaid time off work to accompany their partner at up to two antenatal appointments. Up to six and a half hours off work can be taken on each occasion.

Not all antenatal appointments are included, however, as they must be on the advice of a registered doctor, nurse or midwife. Proof of the appointment can also be requested from the employer.

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