Regulation 4 Entitlement to paternity leave: birthI1

England, Wales and Scotland

(1)

F1An employee is entitled to be absent from work for the purpose of caring for a child or supporting the child’s mother if he—

(a)

satisfies the conditions specified in paragraph (2), and

(b)

has complied with the notice requirements in regulation 6 and, where applicable, the evidential requirements in that regulation.

F2(1A)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)

The conditions referred to in paragraph (1) are that the employee—

F3(a)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)

is either—

(i)

the father of the child or;

(ii)

married to F4, the civil partner or the partner of the child’s mother, but not the child’s father;

(c)

has, or expects to have—

(i)

if he is the child’s father, responsibility for the upbringing of the child;

(ii)

if he is the mother’s husband F5, civil partner or partner but not the child’s father, the main responsibility (apart from any responsibility of the mother) for the upbringing of the child.

F6(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)

An employee shall be treated as having satisfied the condition in paragraph (2)(b)(ii) if he would have satisfied it but for the fact that the child’s mother has died.

(5)

An employee shall be treated as having satisfied the condition in paragraph (2)(c) if he would have satisfied it but for the fact that the child was stillborn after 24 weeks of pregnancy or has died.

(6)

An employee’s entitlement to leave under this regulation shall not be affected by the birth, or expected birth, of more than one child as a result of the same pregnancy.

Annotations

Textual amendments

F1: Word in reg. 4(1) substituted (18.2.2026 for specified purposes, 6.4.2026 in so far as not already in force) by The Employment Rights Act 2025 (Parental and Paternity Leave) (Removal of Qualifying Periods etc.) (Consequential Amendments) Regulations 2026 (S.I. 2026/15), regs. 1(2)(3), 10(3)(a) (with reg. 3)
F2: Reg. 4(1A) omitted (18.2.2026 for specified purposes, 6.4.2026 in so far as not already in force) by virtue of The Employment Rights Act 2025 (Parental and Paternity Leave) (Removal of Qualifying Periods etc.) (Consequential Amendments) Regulations 2026 (S.I. 2026/15), regs. 1(2)(3), 10(3)(b) (with reg. 3)
F3: Reg. 4(2)(a) omitted (18.2.2026 for specified purposes, 6.4.2026 in so far as not already in force) by virtue of The Employment Rights Act 2025 (Parental and Paternity Leave) (Removal of Qualifying Periods etc.) (Consequential Amendments) Regulations 2026 (S.I. 2026/15), regs. 1(2)(3), 6(2)(a) (with reg. 3)
F4: Words in reg. 4(2)(b)(ii) inserted (5.12.2005) by The Civil Partnership Act 2004 (Amendments to Subordinate Legislation) Order 2005 (S.I. 2005/2114), art. 2(17), reg. 1, Sch. 17 para. 1(2)(a)
F5: Words in reg. 4(2)(c)(ii) inserted (5.12.2005) by The Civil Partnership Act 2004 (Amendments to Subordinate Legislation) Order 2005 (S.I. 2005/2114), art. 2(17), reg. 1, Sch. 17 para. 1(2)(b)
F6: Reg. 4(3) omitted (18.2.2026 for specified purposes, 6.4.2026 in so far as not already in force) by virtue of The Employment Rights Act 2025 (Parental and Paternity Leave) (Removal of Qualifying Periods etc.) (Consequential Amendments) Regulations 2026 (S.I. 2026/15), regs. 1(2)(3), 6(2)(b) (with reg. 3)

Commencement

I1: Reg. 4 in force at 8.12.2002, see reg. 1