Our employees are already entitled to three days paternity leave at full pay.

Our employees are already entitled to three days paternity leave at full pay. How does this fit with the statutory rights?

To the extent that contractual rights are more favourable than the statutory rights, employees can continue to rely on them.

In this example, the employees' contractual rights are more favourable in one respect but less favourable in another. Under the statutory regime, employees are entitled to one week or two consecutive weeks' leave and statutory paternity pay (SPP) at the flat rate of £108.85 per week. Contractually, they are entitled to three days leave at full pay.

The employees, therefore, can choose to take one week or two consecutive weeks' leave. The first three days will be at full pay and the remainder at the statutory rate.

The EEF Employment Guide is intended to provide general guidance only. It does not purport to be comprehensive or to give legal advice. Users should always seek specific legal advice before taking or refraining from any action. Information and documents on this website are prepared in accordance with the laws of England, Wales and Scotland. Users accessing from Northern Ireland should be aware that different laws and interpretations may be applicable to Northern Ireland.