This Advice Note gives advice supplementary to the Association's Advice Notes on Maternity Leave and Adoption Leave.

What is Maternity and Adoption Support Leave?

One week's leave will be granted to the spouse or partner or nominated carer of an expectant mother or of someone taking maternity or adoption leave at or around the time of birth or placement. The nominated carer can be anyone nominated by the expectant mother and does not have to be the father of the child or the partner of the mother.

Will I be paid if I take this leave?

Yes. An employee will be granted up to one week's leave with pay during such leave. There is no qualifying period of service required in order to be entitled to this leave.

When can I take this leave?

Maternity Support Leave and Adoption Support Leave can be taken:

1.  from the date of the child's birth or placement or adoption
2. from another date after the child's birth or placement for adoption

Leave can start on any day of the week, but must be taken within 56 days of the actual birth or placement of the child. If the child is born early, leave must be taken within the period from the actual date of birth up to 56 days after the expected week of child birth (EWC).

Is there any other leave I can take at this point in time?

Yes. An employee who is the spouse or partner of an expectant mother may be entitled to a further week's Ordinary Paternity Leave. However, in order to qualify the spouse or partner or nominated carer must have at least 26 weeks' continuous service at the start of the 15th week before the baby is due.

In the case of adoption an employee (who is the spouse or partner of a person taking adoptive leave) is entitled to a further week's Statutory Paternity Leave if said spouse or partner has at least 26 weeks continuous service.

When can I take this additional leave?

Statutory Support Leave can be taken:

1. from the date of the child's birth or placement or adoption
2. from another date after the child's birth or placement for adoption

Leave can start on any day of the week but must be taken within 56 days of the actual birth or placement of the child. If the child is born early, leave must be taken within the period from the actual date of birth up to 56 days after the expected week of birth.

Can I take this leave in 2 parts?

No. There can be only one period of leave. Where an employee elects to take 2 weeks leave, these weeks must be consecutive. The first week will be deemed to be Support Leave and the second will be Paternity Leave.

Will I be paid my normal salary during Statutory Paternity Leave?

No. You will receive only Statutory Paternity Pay (SPP) during this leave.

When must I inform my employer that I wish to take Ordinary Paternity Leave?

An employee must inform their employer in writing of their intention to take paternity leave by the 15th week before the week in which the child is expected (EWC).

In cases of adoption an employee must inform their employer of their intention to take paternity leave within 7 days of the employee being notified by their adoption agency that they have been matched with a child.

What happens if my leave coincides with a school holiday?

Where leave incorporates 1 complete week of school holiday the employee can accrue credit of 2 days special leave entitlement as long as this does not give the employee more than 8 days special leave in the year. This special leave must be taken, in agreement with the employer, during the term following the vacation concerned. It is important that when claiming this entitlement, it is referred to by its correct title of special leave.

What happens if my spouse or partner has a stillbirth?

An employee will be entitled to the appropriate leave where a child is stillborn after 24 weeks or has died or where the child's mother has died within the period of leave.

Where are these rules laid down?