If an employee’s partner is pregnant, adopting a child or having a baby through a surrogate mother, they may be eligible for paternity leave which is extra leave on top of the employee’s statutory holiday allowance. Paternity leave should be used to support the child’s mother or to care for the baby.

Under the Paternity and Adoption Leave Regulations (Northern Ireland) 2002, an employee may choose to take either one or two consecutive weeks of leave which must be taken within 56 days of the child’s birth. To be entitled to paternity leave, the employee must be continuously employed for a period of not less than 26 weeks ending with the week immediately preceding the 14th week before the expected week of the child's birth. If an employee’s partner has had a multiple birth, they are still only entitled to one period of paternity leave.

An employee should give their employer notice at least 15 weeks before the baby is due of the baby’s due date, how much leave the employee wishes to take (either one or two weeks) and when they wish to start their leave (e.g. one week after the baby’s birth). The employee should notify their employer of the child’s date of birth as soon as reasonably practicable, paternity leave cannot start before this date. It is important to note that during paternity leave, an employer cannot change an employee’s terms and conditions of employment without the employee’s consent.

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