Am I still entitled to take paternity leave if my child is born prematurely?

Yes. You are entitled to take paternity leave if your child is born prematurely, provided you would have been working for your employer for 26 weeks by the 'qualifying' week (i.e. the 15th week before the week the child is due) if the pregnancy had gone to full term.

You must normally give your employer notice that you want to take paternity leave in, or before, the qualifying week. But if because the child is born prematurely, this is not possible, you must instead give notice as soon as is reasonably practicable for you to do so.

Note: This content is provided as general background information and should not be taken as legal advice or financial advice for your particular situation. Make sure to get individual advice on your case from your union, a source on our free help page or an independent financial advisor before taking any action.

What is WorkSmart?

A career coach that works for everyone.


Enjoy bite-sized activities delivered to you every week.

Lightbulb brain

Equip yourself with essential skills to be the best you yet.


Get the guidance you need to stay focused and reach your goals.

Worksmart circle