The statutory provisions for paternity leave and pay were introduced in the Paternity and Adoption Leave Regulations 2002 and the Statutory Paternity Pay and Statutory Adoption Pay (General) Regulations 2002. However, many companies have policies offering more favourable terms and these will still need to be taken into consideration when determining an employee’s entitlement to paternity leave and pay.

The general legal principles, including the employee’s statutory rights are outlined below and further guidance is also given on the interpretation of the law and practical management issues which may arise.