The law has dealt a savage blow to those men whose fear of sleepless nights and smelly nappies has in the past sent them scurrying back to the office the day after the birth of their child.

The excuses "my boss doesn't allow us to take paternity leave" and "we can't afford for me to take unpaid time off" will work no more following the introduction of a right to paid paternity leave.

This right applies in respect of all children born after April 6, 2003, or who were expected to be born after that date, even if they were in fact born prematurely.

The right extends not just to biological and adoptive fathers but also to men who are married to, or partners of, the child's mother.

As long as he has been employed for at least 26 weeks on the 15th week before the child is expected to be born - or, in the case of adoption, by the week in which an approved match is made with the child - the father is entitled to take two weeks' paid leave.

Paternity leave must be taken in a single block of weeks.

The father is not entitled, without the employer's consent, to take odd days or to take two non-consecutive weeks.

He must also take his leave within a period of 56 days beginning on the date on which the child is born or placed for adoption.

An employee on paternity leave gets Statutory Paternity Pay (SPP) at either £100 per week or 90 per cent of his average weekly earnings, whichever is the lower.

Employers have to administer SPP in the same way as they do Statutory Maternity Pay. As in the case of maternity pay, employers will be able to recover a percentage of the amount of SPP they pay out.

So, why is Daddy going back to work? Because he can't think of an excuse!

- Stephen Elliott is a solicitor in the employment team of North-East law firm Ward Hadaway. He can be contacted on 0191-204 4000 or by email at stephen.elliott@wardhadaway.com

Published: 20/05/2003