Employees may, subject to certain qualifying conditions, be eligible to take up to two weeks paid Paternity Leave. Employees should note that the entitlement to Paternity Leave is based upon an employee’s relationship with the child’s primary carer and is therefore applicable to circumstances where the child is born or adopted, civil partnerships, marriages, heterosexual partnerships and to partnerships of the same sex.

Qualifying for Paternity Leave 

Paternity Leave may be available to employees who meet the following qualifying criteria:

• be the baby’s biological father or the partner / spouse of the mother
• have been continuously employed by ESC for 26 weeks ending with the 15th week before the baby is due
• have or expect to have responsibility for the child’s upbringing

OR in the case of Adoption

• be the adopter’s spouse or partner 
• have been continuously employed by ESC for 26 weeks ending with the week in which the adopter is notified of being matched with a child
• have or expect to have responsibility for the child’s upbringing

Eligible employees will be entitled to choose to take either 2 x single weeks, or two consecutive weeks’ Paternity Leave (not occasional days).   

In the case of a newborn child expected after 6 April 2024 Paternity Leave must be taken within 52 weeks of the child’s birth and can start from: 

• the date of the child’s birth (whether this is earlier or later than expected), or 
• a chosen number of days or weeks after the date of the child’s birth (whether this is earlier or later than expected), or
• a chosen date later than the first day of the week in which the baby is expected to be born

In the case of an adopted child Paternity Leave must be taken within 52 weeks of the child’s placement and can start from:

• the date of the child’s placement (whether this is earlier or later than expected)
• a chosen number of days or weeks after the child’s placement (whether this is earlier or later than expected) or
• a chosen date which is later than the date on which the child is expected to be placed with the adopter

Employees are only entitled to one period of leave irrespective of whether more than one child is born as a result of a pregnancy or more than one child is placed together as a result of an adoption.

Notifying ESC

In the case of a newborn child expected after 6 April 2024 employees are expected to notify ESC in writing, no later than the end of the 15th week before the Expected Week of Confinement (EWC) unless this is not reasonably practical that they wish to take Paternity Leave. Details of this notification should include: 

• the week the baby is due
• employees are expected to notify at least 28 days before:
  • whether they wish to take one or two weeks’ leave
  • when they want their leave to start

ESC will respond to the employee in writing within 28 days setting out:

• the employee’s rights in relation to Paternity Leave and pay
• the expected start and return to work dates
• the employee’s duty to notify ESC of any changes to their plans.

In the case of an adopted child  employees are expected to notify ESC in writing no later than seven days after the date on which they have been notified of having been matched with a child for the purposes of adoption unless this is not reasonably practical. Details of this notification should include: 

• the date on which the adopter was notified of having been matched with the child 
• when the child is expected to be placed 
• employees are expected to notify at least 28 days before:
  • whether they wish to take one or two weeks’ leave 
  • when they want their leave to start 

ESC will respond to the employee in writing within 28 days setting out:

• the employee’s rights in relation to Paternity Leave and Pay
• the expected start and return to work dates
• the employee’s duty to notify ESC of any changes to their plans.

Notifying ESC of Ante natal / pre-adoption appointments

Employees are requested to provide reasonable notice of antenatal / pre-adoption appointments to their line manager prior to taking the time off.

Shared Parental Leave

If the employee is aware that they are planning to take Shared Parental Leave with their partner, then they may wish to discuss this at the same time as notification of the pregnancy / adoption match.  However, they are also free to do this later during their partner’s Maternity / Adoption Leave.  See the Shared Parental Leave page for more information.

Starting Paternity Leave 

Leave can start on any day of the week, on or following the child’s birth or the child’s placement in the case of adoption, but must be completed: 

• within 52 weeks of the actual date of birth of the child, or the child’s placement following adoption
• if the child is born or placed early, within the period from the actual date of birth or placement up to 52 weeks after the expected week of birth

Employees will be able to change their mind about the date on which they want their leave to start providing they tell ESC at least 28 days in advance (unless this is not reasonably practicable).

Employees may be able to take an additional period of leave (e.g. Parental Leave) immediately following their period of Paternity Leave.  Please refer to the Parental Leave page for further information.