What is the EWC?

This articles makes lots of references to something called the EWC. EWC stands for the expected week of childbirth. This is the week in which the expected date of the baby's birth falls, starting with the preceding Sunday and ending the following Saturday.

Qualifying criteria for statutory paternity leave

You will qualify for statutory paternity leave on the birth of a baby if you are:

• The biological father of the baby and have, or expect to have, responsibility for the child's upbringing
• Not the child's biological father but are the mother's husband, civil partner or unmarried partner (including same sex partners) and have or expect to have the main responsibility (apart from any responsibility of the mother) for the child. A partner is used here to describe someone who lives with and has a relationship with the mother of the child in what is termed an 'enduring family relationship.'

In addition, you must:

• Have at least 26 weeks' continuous employment (length of service) ending with the 15th week before the expected week of childbirth (EWC) – the qualifying week
• Be working from the qualifying week up to the date of birth. If your contract ends before the birth, you do not qualify for leave unless you go on to work for an associated employer. If your contract ends after the birth, they retain their right to leave (and statutory paternity pay if they qualify)
• Be taking the time off to support the mother and/or care for the baby
• Have fulfilled the notice requirements (see below).

Length of paternity leave and when it can start

Length

You can choose to take up to 2 weeks' paternity leave.

In Northern Ireland, you must take it as a single block of leave (i.e. 1 week or 2 weeks).

In England, Wales and Scotland, if the EWC is after 6 April 2024, you can choose to take the leave in a single block or in 2 separate blocks of 1 week.

The duration of leave remains the same regardless of the number of children resulting from a single pregnancy (e.g. if you have twins, you don't get twice as much leave).

Start date

You can't start your leave until the baby is born, but you do have a choice of 3 options for when it can start:

1. On the actual date of the baby's birth.

2. A specified number of days (of your choice) after the baby's birth.

3. On a particular date (which can't be earlier than the EWC). If the baby is not born by this date, you must at that point choose another date or one of the options above and give your employer notice of this as soon as possible (in writing, if they ask for it to be).

If you specify the date of birth as the day you wish to start your paternity leave and you are at work on that day, your leave will begin on the next day.

Deadlines

In Northern Ireland:

• If the baby was born during or after the EWC, all paternity leave must finish no later than 56 days after the date of birth.
• If the baby was born before the EWC, all paternity leave must finish no later than 56 days after the first day of the EWC.

In England, Wales and Scotland, where the EWC is after 6 April 2024:

• If the baby was born during or after the EWC, all paternity leave must finish no later than 52 weeks after the date of birth.
• If the baby was born before the EWC, all paternity leave must finish no later than 52 weeks after the first day of the EWC.

Notice requirements

In Northern Ireland

By the end of the 15th week before the EWC, you must tell your employer:

• The date of the EWC
• Whether you want to take 1 or 2 weeks of paternity leave
• When you want your paternity leave to start.

This doesn't have to be in writing unless your employer asks for it to be.

Your employer can also ask you to give them a signed declaration that says:

• You will use the time to care for the child and/or support the child's mother; and
• You're the father and will have responsibility for the child, or you're the husband/partner of the mother and (with them) will have the main responsibility for the child.

In England, Wales and Scotland

Where the EWC is after 6 April 2024, there are 2 sets of notice requirements:

Requirement 1

By the end of the 15th week before the EWC, you must give your employer:

• The date of the EWC (this doesn't have to be given in writing unless your employer asks for it to be); and
• A written declaration that you're the father and will have responsibility for the child, or that you're the husband/partner of the mother and (with them) will have the main responsibility for the child.

Requirement 2

You must also give your employer the following at least 28 days before either the paternity leave start date, or the first day of the EWC (if you plan to start paternity leave on the date of birth):

• When you want your paternity to leave to start and how long you want it to last (this doesn't have to be given in writing unless your employer asks for it to be); and
• A written declaration that you will use the time to care for the child and/or support the child's mother.

If you split your paternity leave into 2 separate periods of 1 week and tell your employer about each period separately, this requirement applies to both periods.

If you give notice late

Throughout the UK, if you miss the deadline for any of the notice requirements outlined above, your employer is not under any obligation to allow your paternity leave, unless it was not reasonably practicable for you to meet the deadline (e.g. if the mother of the baby did not realise she was pregnant).

If this is the case, you must still provide your employer with the notice as soon as it is reasonably practicable for you to do so.

Date of birth

You don't have to give your employer any medical evidence of the pregnancy, but you must tell them (in writing, if they ask for that) the actual date of birth. You must give them this as soon as reasonably practicable after the birth.

Changing the start date of leave

You can change the date when you want your paternity leave to start (or cancel it) if you give your employer the correct amount of notice (which they can request you put in writing).

In Northern Ireland

If you want to change your leave so it starts on the date of birth, you must tell them at least 28 days before the first day of the EWC.

If you want to change your leave so it starts on a specific date, you must tell them at least 28 days before that date.

If you want to change your leave so it starts a specified number of days after the birth, you must tell them at least 28 days before the expected start of your leave. The expected start is the first day of the EWC, plus the number of days you've specified. For example, if you want to start your leave 14 days after the birth and the EWC begins on 16 July, the expected start date is 30 July. You will need to tell your employer 28 days before this (i.e. by 2 July).

In England, Wales and Scotland

Where the EWC is after 6 April 2024, you must tell them at least 28 days before the date you originally gave them, or 28 days before the new start date (whichever is earlier).

For example, if in the last notice given to them you said you wanted to start your leave on 30 July:

• If you instead want it to start on 31 July, you need to tell them no later than 2 July (28 days before 30 July).
• If you instead want it to start on 29 July, you need to tell them no later than 1 July (28 days before 29 July).

You don't have to put the change in writing, unless your employer asks you to.

When you give your employer notice of the change, you must also give them a written declaration that you'll use the amended period of leave to care for the child and/or support the child's mother.

Exceptions

Throughout the UK, if it's not reasonably practicable for you to give the correct amount of notice to change your paternity leave start date, you can still change it provided you give your employer notice as soon as it is reasonably practicable.

As mentioned above, in a situation where you've chosen to begin your paternity leave on a specific date and the child is not then born by that date, you must change it. You must:

• tell your employer your choice as soon as reasonably practicable (in writing, if they ask for it to be); and
• (only in England, Wales and Scotland where the EWC is after 6 April 2024) give your employer a written declaration that you'll use the amended period of leave to care for the child and/or support the child's mother.

If the baby dies or is stillborn

You will still be entitled to paternity leave in the following situations:

• If your wife or partner gives birth to a stillborn baby after 24 weeks of the pregnancy. If the loss occurs before the end of the 24th week of pregnancy, it's called a miscarriage rather than a stillbirth. You aren't entitled to paternity leave for a miscarriage, but your employer could allow you to take sick leave or compassionate leave instead.
• The baby is born alive but then later dies.

However, in England, Wales and Scotland where the EWC is after 6 April 2024, these events may affect when you can take paternity leave.

If you haven't already booked a period of paternity leave when one of the above events occurs, you still can, but the leave must start and end within 8 weeks following the end of the week in which the baby dies or is stillborn.

If, at the time the baby dies or is stillborn, you have already (correctly) booked a period of paternity leave (even if it's due to start on a date that is after the 8-week period described above), you can choose to either:

• Take your booked leave as planned; or
• Cancel it.

Statutory paternity pay

If you are entitled to paternity leave, you are normally entitled to statutory paternity pay. For more information, see our 'Statutory paternity pay' section.