When you’re a new parent or you’re expecting a baby you have extra rights at work. You or your partner could be entitled to:

• maternity rights
• paternity leave and pay
• shared parental leave
• adoption leave and pay
• unpaid time off to look after your child
• come to antenatal appointments with your partner

You get all these rights in same-sex relationships as well as in opposite-sex relationships.

Contact your nearest Citizens Advice if you need help with any of these rights.

Maternity rights

You could be entitled to maternity leave and maternity pay.

You also have extra maternity rights while you’re pregnant at work and rights while you’re on maternity leave.

Breastfeeding at work

If you’re breastfeeding or have given birth less than 26 weeks ago you have the same health and safety protection as when you were pregnant at work. Your employer has to assess the health and safety risks to you and either remove those risks or change your conditions so you aren’t exposed to them.

Your might have been discriminated against if your employer doesn’t let you breastfeed at work.

Maternity Action have more information on breastfeeding when you return to work.

Paternity leave and pay

If you’re a baby’s father or the mother’s partner you’re entitled to 1 or 2 weeks of paternity leave when you and your partner have a baby. You can also take paternity leave when you adopt a child.

You have to take paternity leave in a block of 1 or 2 weeks.

Check if you can get paternity leave

You’re only entitled to paternity leave if you’re an employee.

You might be an employee even if your employer or your contract says you’re self-employed. You might not be an employee if for example you work for an agency or you’re not guaranteed to get any work.

If you’re not sure if you’re an employee, check your employment status.

To qualify for paternity leave, you also need to:

• have had the same employer for at least 26 weeks by the end of the 15th week before the due date, or by the time you’re matched with a child for adoption
• be the biological father of the child, or be the partner of the baby’s mother – you don’t have to be married
• be responsible for the child’s upbringing and wish to take time off to care for the child or support the mother
• have given your employer the correct notice to take paternity leave

There are 2 extra rules if you’re adopting a child:

• you can’t already know the child – for example they can’t be your stepchild
• you can’t be taking adoption leave – if you and your partner are adopting, one of you can take adoption leave and the other paternity leave

Check if you can get paternity pay

If you’re entitled to paternity leave it’s likely you’ll be entitled to statutory paternity pay for the same days. You don’t need to have been an employee, as long as you paid National Insurance through PAYE for at least 26 weeks.

To qualify, you must also:

• keep working for your employer up to the date of birth
• be earning an average of at least £123 a week

Check how much paternity pay you’ll get

You’ll get whichever amount is lower out of:

• £156.66 a week

• 90% of your average weekly earnings

When you can take paternity leave

Your paternity leave can start on:

• the day the baby is born
• the day a child is placed with you for adoption
• a date after the birth or adoption that you agree in advance with your employer

If you’re agreeing a date with your employer, you’ll need to complete your leave within 56 of days of the birth or adoption.

Telling your employer about your paternity leave

You’ll need to give your employer notice that you want to take paternity leave. You should do this by 15 weeks before your baby’s due date, or within 7 days of being matched with a child for adoption.

When you give notice you’ll need to tell your employer:

• that you’re entitled to paternity leave and that you’re taking leave to support the mother or care for the child
• when the baby is due or the date of the birth (if you’re adopting, give the date you’re matched with your child or the date when the child is placed with you)
• when you’d like to start your paternity leave and pay
• whether you are taking 1 or 2 weeks of paternity leave

You can give your employer this information using HM Revenue and Customs certificates for a birth child or for an adopted child .

You can change when you want to take paternity leave – just give your employer 28 days’ notice of the changed date.

More information about paternity leave

The GOV.UK website has more information about paternity leave. It also has a page that will help you calculate paternity leave and pay.

Getting shared parental leave and pay

If you or your partner are expecting a baby (or having a child placed with you for adoption), you might be able to turn the maternity (or adoption) leave and pay into shared parental leave and pay.

You can share up to 50 weeks’ leave and up to 37 weeks’ pay. You have a choice of either:

• sharing your leave and pay between you

• one of you taking all the shared parental leave and pay

Check if you can get shared parental leave and pay using the calculator on GOV.UK.

Getting shared parental leave

You’re only entitled to take shared parental leave if you’re an employee.

You might be an employee even if your employer or your contract says you’re self-employed. You might not be an employee if for example you work for an agency or you’re not guaranteed to get any work.

If you’re not sure if you’re an employee, check your employment status.

You must also:

• share care of the child with your spouse, civil partner or joint adopter, the child’s other parent, or your partner (if they live with you and the child)
• have had the same employer for at least 26 weeks by the end of the 15th week before the due date (or the date the child is matched with you)
• keep working for your employer until the week before you take any shared parental leave

Also, in the 66 weeks before the baby is due (or the child is matched with you), your partner must:

• have been working for at least 26 weeks – these don’t have to be continuous, and this includes self-employment
• have earned at least £30 a week on average in 13 of the 66 weeks

Getting shared parental pay

If you want to take any of the shared parental pay, the rules are mostly the same as for taking shared parental leave. The differences are that before the 15th week before the due date (or placement date):

• you also must have earned at least £123 a week on average for 8 weeks

• you don’t need to have been an employee – as long as you paid National Insurance through PAYE for at least 26 weeks

The rules for your partner are the same as for shared parental leave.

You can get more details of the shared parental leave and pay scheme from GOV.UK.

Adoption leave and pay

If you’re a working parent who has been matched with a child for adoption or if you have had a child placed with you for adoption, you may be entitled to adoption leave.

You only get these rights if you’ve been matched with a child through an adoption agency or, in the case of an overseas adoption, received official notification. You can’t take adoption leave after a private adoption.

You’re only entitled to take adoption leave if you’re an employee.

You might be an employee even if your employer or your contract says you’re self-employed. You might not be an employee if for example you work for an agency or you’re not guaranteed to get any work.

If you’re not sure if you’re an employee, check your employment status.

Usually there is no minimum amount of time you must have worked for your employer. The exception is if you adopt a child from overseas. Then you’ll need to have worked for your employer for at least 26 weeks by the end of the week when you get official notification.

You or your partner are entitled to up to 52 weeks’ adoption leave. Only one of you can take adoption leave – the other can take paternity leave or shared parental leave. This includes same-sex couples.

Statutory adoption pay

If you can take adoption leave it’s likely you’ll also be entitled to statutory adoption pay. You don’t need to have been an employee, as long as you paid National Insurance through PAYE for at least 26 weeks.

You’ll need to have worked for your employer for at least 26 weeks by the end of the week where you get official notification.

Statutory adoption pay lasts for 39 weeks. For the first 6 weeks you’re paid 90% of your average gross weekly earnings. For the weeks after that you’re paid whichever is lower out of:

• 90% of your normal weekly earnings
• £156.66 a week

You may also be entitled to some adoption pay under your employment contract.

Telling your employer about your adoption leave

You must tell your employer that you want to take adoption leave – you should do this within 7 days of hearing that you’ve been matched with a child for adoption, or as soon as is practical after this. Tell your employer when you expect the child to be placed with you and when you want your statutory adoption leave to start.

You can calculate your adoption leave and pay on GOV.UK, or get more information about adoption leave.

Time off to look after your child

If you’ve worked for your employer for 1 year you have the right to unpaid time off work to look after your children.

You’re only entitled to time off to look after your child if you’re an employee.

You might be an employee even if your employer or your contract says you’re self-employed. You might not be an employee if for example you work for an agency or you’re not guaranteed to get any work.

If you’re not sure if you’re an employee, check your employment status.

Check what time off you can take

You can take up to 18 weeks’ unpaid leave before your child is 18.

You can also take unpaid time off work to deal with unexpected problems – for example where childminding arrangements break down.

Coming to antenatal appointments with your partner

A pregnant woman has a right to paid time off to go to antenatal appointments. If you’re the mother’s partner you can also take time off work to go to 1 or 2 of these appointments – you don’t need to be married.

You also get this right if you meet the conditions for, and intend to apply for, a parental order for a child born through a surrogacy arrangement.

You’re only entitled to paid time off to go to antenatal appointments if you’re either:

• an employee

• an agency worker who has worked in your current job for at least 12 weeks

You might be an employee even if your employer or your contract says you’re self-employed. You might not be an employee if for example you’re not guaranteed to get any work.

If you’re not sure if you’re an employee, check your employment status.

Arranging time off with your employer

Your employer doesn’t have to pay you during time off for appointments. You can take up to 6.5 hours for each appointment, though your employer can give you longer.

You might need to sign something for your employer, confirming that you’re going with your partner to an appointment recommended by her doctor or midwife. Your employer can’t ask to see evidence of the appointment, as the paperwork is your partner’s private information.

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