Understanding paternity pay and leave
Who is eligible and what are they entitled to?
Paternity leave isn't just about time off work for the new fathers - it's a critical aspect of supporting employees during significant life transitions.
It allows eligible employees, regardless of gender, to take time off to bond with a new child or support their partner through the adoption process.
Understanding the intricacies of paternity leave is crucial for businesses to support their employees during significant life events.
It’s estimated that only a third of eligible partners take advantage of paternity leave and pay in the UK, most likely down to the fact they aren’t clear on what they are entitled to.
We encourage employers to promote and educate their workforce on paternity entitlement, and be sure to be supportive of any eligible employee who requests it.
Important: There's been some drastic changes to SPL and SPP, effective 6th April 2024. Jump ahead to learn more.
Eligible employees with 26 weeks of continuous service are entitled to statutory paternity leave and pay. This entitlement extends to various scenarios, including childbirth, adoption, and surrogacy arrangements.
The duration of paternity leave is typically 1 or 2 weeks, to be taken within 56 days of birth or placement. However, from 6th April 2024, the option to take leave in separate one-week blocks within 52 weeks after birth or placement will be available.
The rules now also stipulate that the notice period given has decreased from 15 weeks prior to birth/adoption, to just 28 days’ prior. Your employment rights are still in effect whilst on paternity leave, so you are still entitled to accrue holidays, receive pay rises, and return to work.
You’re also entitled to time off for two antenatal appointments to accompany your partner or surrogate mother. If you’re adopting a child, you’re entitled to two adoption appointments once you’ve been matched with a child.
Employees have the flexibility to choose their paternity leave start date based on various factors, including the date of adoption placement or arrival, the child’s birth, or personal circumstances.
However, employees still must provide their employer with the 28 days’ notice if they wish to change their start date, ensuring employers have sufficient time to make necessary arrangements.
To qualify for paternity leave, you must meet the following criteria:
Be an employee.
Give 28 days’ notice (precise date not needed – only a general time of expectancy or adoption, usually within a week).
Be either the partner of the mother (including same-sex couples), the child’s adopter, the intended parents (via surrogacy) or the father.
You must be continuously employed by your employer for at least 26 weeks up to any day in the ‘qualifying week’ – the qualifying week is the 15th week before the baby is due unless it’s adoption (see page 4).
To qualify for paternity pay, you must meet the following criteria:
Be employed up to the date of birth or adoption.
Earn at least £123 a week (before tax).
Give 28 days’ notice minimum.
Important: There are different adoption and paternity leave and pay rules if you live in Northern Ireland. You can find the relevant information on this on page 6.
Paternity pay ensures that employees can take time off work without facing financial hardship. It’s calculated at a predetermined rate or percentage of average weekly earnings, providing crucial support to new parents during their leave.Ordinary Statutory Paternity Pay rate is calculated at £184.03 per week, or 90% of your employee’s average weekly earnings (whichever is lower). In addition to this Statutory Paternity Pay you will need to pay your employee more than the statutory minimum if this is detailed in their employment contract. The amount increases in April each year. Employers need to ensure their payroll systems are updated to accommodate these changes and accurately calculate paternity pay for eligible employees.
Employers are responsible for paying their employees on paternity leave. Employees should be aware that they will be paid paternity pay in the same manner as their normal wages, so their payments will have tax and national insurance deducted in the usual way.
Some employers provide contractual entitlements to periods of leave, paid or unpaid. These should be detailed in the contract of employment and cannot be less favourable than the statutory entitlement.
All parents are entitled to take a total of 18 weeks’ leave for each child up to the child’s 18th birthday. This leave, which must generally be taken in whole-week blocks, is unpaid and known as Parental Leave.
If an employee or worker does not qualify for either SPL or SPP, it’s good practice to be flexible about them taking paid holiday at this time.
In the unfortunate event of losing a baby, employees may still be eligible for paternity leave or pay under specific circumstances. If a baby is stillborn from 24 weeks of pregnancy or is born alive at any point during the pregnancy, the employee can still access their entitlement to paternity leave or pay. This provision acknowledges the emotional and physical toll of such situations and aims to provide support and flexibility to the employees during challenging times.
Employers should be empathetic and understanding in these situations, ensuring that affected employees are aware of their rights and entitlements and facilitating the necessary arrangements with sensitivity and compassion.
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