Labour Research March 2005

Law Queries

Paternity leave

Q. Are there particular provisions that apply to paternity leave for a second child?

A. There is no special provision for leave in relation to a second child: as long as the employee meets the eligibility criteria for that particular child, they will be entitled to the leave.

To qualify for paternity leave and pay, the employee must have or expect to have responsibility for the child's upbringing; they must be the biological father or the mother's husband or partner; and they must have worked continuously for their employer for 26 weeks by the end of the 15th week before the baby is due.