Most people agree that male teachers and early years educators are an indispensable part of our society. The average teacher will impact more than 3,000 students throughout the course of their career. Teachers and educators are committed to helping children through difficult times, building their confidence and self-esteem, and playing a significant positive role in their lives. They are driven by their purpose to prepare children for life and build a future society.
However, when a male teacher becomes a parent, there seems to be a whole other conversation. Having a baby is a positive and exciting time for a new parent, especially a male teacher. Nevertheless, topics like parental leave, pay, and other employment rights, seem to generate discomfort around this subject. For this reason, we have put together an article on Paternity Leave that will guide new fathers who work in nurseries and schools and provide them with essential information about their rights at work during this time.
Given that it’s the mother who gives birth, it’s perhaps unsurprising that maternity leave tends to be thought of as more important than paternity leave. But there’s growing evidence that fathers taking time off in the early weeks and months of their children’s lives has a significant positive impact on families.

What is Paternity Leave?
Paternity Leave is a period of absence from work granted to a father after or shortly before the birth of his child.
Once the child is born, and as soon as is reasonably practicable, an employee must let their employer know the date of birth. Their paternity leave cannot start before this.
Employees are entitled to either one or two consecutive weeks of paternity leave that must be taken within 56 days of the birth of their child.
They do not have to give their employer a precise date when they wish to take their leave, for example, the 6th of July. Instead, employees can give a general time, for example, one week after birth.
An employer may have a paternity leave policy which is better than the statutory entitlements. For this reason, it is crucial for employees to check their contract of employment and staff handbook, and request a copy of the paternity leave policy from their employer.

Are fathers entitled to Paternity Pay?
Fathers are entitled to receive up to two weeks of Statutory Paternity Pay if they:
- have worked for their employer continuously for at least 26 weeks by the end of the 15th week before the expected week of childbirth (known as the ‘qualifying week’).
- are employed to work for their employer up to the date of birth of their baby.
- earn at least the Lower Earning Limit for National Insurance purposes, which is £120 a week (gross as of April 2022).
- notify their employer at least 15 weeks before the baby is due with the baby’s due date, when they wish to start their leave and if they wish to take one or two consecutive weeks’ leave.
- provide their employer with a completed form SC3 (or their own version) at least 15 weeks before the week the baby is expected.
The statutory weekly rate of Paternity Pay is £156.66, or 90% of an employee’s average weekly earnings (whichever is lower). Any money an employee receives is paid in the same way as their wages, for example, monthly or weekly. Tax and National Insurance will be deducted.
During paternity leave, employers have the right to make reasonable contact with their employees, but this should not be excessive or intrusive. If an employee wishes to return to work on the agreed date, no notice is required.

Can fathers take more than two weeks of Paternity Leave?
Fathers can only take up to two weeks of paternity leave, but they may have the opportunity to extend their time at home in a few ways:
- by taking additional annual leave from their holiday entitlement.
- by taking unpaid parental leave (if they qualify) at birth or immediately after their paternity. Employees must give 21 days’ notice of the date their baby is due and tell their employer how much parental leave they would like to take. Employers cannot postpone parental leave if an employee gives the notice to take it when their baby is born.
When an employee qualifies for Paternity Leave and Statutory Paternity Pay, they will also qualify for Shared Parental Leave and Pay if the mother does not take all of her Maternity Leave or Pay, and both parents meet the qualifying conditions. Parents can take Shared Parental Leave up to a year from birth.

What is Extended Paternity Leave?
Fathers who are entitled to Paternity Leave also have the right to Extended Paternity Leave of up to 26 weeks if the mother returns to work sooner.
Some of the leave may be paid at the same rate as the Statutory Maternity Pay if taken during the mother’s 39-week Maternity Pay period. For instance, if a mother returns to work after 30 weeks, the father can claim the remaining nine weeks of Paternity Pay.
The Extended Paternity Leave can start 20 weeks after the baby’s birth (or adoption) and must end 12 months after the child is born (or adopted). The minimum period of leave is two consecutive weeks and a maximum of 26 consecutive weeks.
Extended Paternity Leave, and the increased parental involvement it allows, has wide-reaching benefits for fathers, their children, and employers. It has been shown to have a positive effect on the gender pay gap, enabling a more equal split of time out of work to care for children, and therefore tackling gender stereotypes. However, barriers to extended paternity leave and flexible working exist, including workplace stigma and culture, and financial considerations. These barriers can prevent fathers from taking leave and having adequate time to care for their children.

Other rights during Paternity Leave
During Paternity Leave, an employee’s terms and conditions of employment are protected.
Employers cannot change the employment terms and conditions of an employee whilst they are on Paternity Leave without their agreement.
Employees also cannot be dismissed from employment or subject to unfair treatment because they have taken Paternity Leave.

Where can male teachers and early years educators seek support about Paternity Leave?
To make sure that male teachers and early years educators are looking at the latest provisions, and the most up-to-date information on Paternity Leave, particularly regarding amounts of time off allowed and any pay that they might be entitled to, the best thing to do is to seek guidance from the Government website, which gives straightforward, up-to-date guidance:
Additional information can also be sought from the following trustworthy organisations: