STATUTORY PATERNITY PAY
What are the rights?The rights to paternity leave and Statutory Paternity Pay (SPP) allow an eligible employee to take paid leave to care for his baby or to support the mother following birth. He can take either one week's or two consecutive weeks' paternity leave and during this time may be entitled to SPP.
When do the rights take effect?
Latest regulations came into effect for all babies born on or after 6th April 2003.
Who qualifies for these rights?
These rights apply to employees, regardless of the hours they work, provided that they satisfy the other qualifying conditions. These include twenty-six weeks' qualifying service with their employer (ending with the fifteenth week before the baby is due)
- To qualify for paternity leave, a person must be an employee, that is to say must work under a contract of employment
- To qualify for Statutory Paternity Pay (SPP) a person must be an employed earner - that is to say, must work for someone who is liable to pay the employer's share of his Class 1 National Insurance contributions
- In addition an employee must be earning at least the Lower Earnings Limit to qualify for SPP
A self-employed person who chooses to take time off to care for his new child or its mother or someone who is not working may be able to claim other benefits.
Are any particular types of workers excluded from these rights?
Most agency workers are not usually classed as employees - though some may be - and therefore may not qualify for leave. However, agency workers can be treated as employed earners and may thus be entitled to SPP.
Office holders - such as police officers, MPs, the judiciary and some company directors - will similarly generally only qualify for pay, not leave. The same applies to members of the armed forces.
Does an employee who adopts a child qualify for paternity leave and pay?
Employees who adopt children on or after 6 April 2003 have the right to adoption leave and pay. This right applies to individuals who adopt or one member of a couple adopting jointly. The partner of an individual who adopts, or the member of a couple adopting jointly who hasn't chosen to take adoption leave, may be entitled to paternity leave and pay. The rules governing this entitlement are different from those described in this document: they are covered in Adoptive parents - rights to leave and pay.
Is an employee entitled to time off to attend antenatal care appointments?
Under the statutory right to paternity leave, employees are not entitled to time off to accompany their partner at antenatal appointments (although pregnant employees do have the right to time off).
What happens if an employer has their own paternity leave scheme?
This guidance is about employees' statutory rights under employment legislation. They cannot contract out of these rights. Those employees whose employment contracts give them entitlements to paternity leave may take advantage of those contractual rights or their statutory rights, depending on which are more favourable. Employees who believe they are not entitled to the statutory rights described here should check whether they are entitled to take leave under their contracts.
Meaning of expected week of childbirth or the week the baby is due
In this document 'expected week of childbirth' or 'the week the baby is due' means the week, beginning with midnight between Saturday and Sunday, in which it is expected that the baby will be born.
Who is eligible for paternity leave and pay,What makes an employee eligible for paternity leave?
An employee is eligible for paternity leave if he has or expects to have responsibility for his baby's upbringing and is either or both
- the biological father of his baby
- the mother's husband or partner
- have worked continuously for the same employer:
- for twenty-six weeks ending with the fifteenth week before the baby is due (the 'qualifying week') and
- from the fifteenth week before the baby is due up to the date of birth;
- be taking the time off either to support the mother or to care for the new baby.
An employee can only take paternity leave in order to care for his new baby or support the mother of the baby - he cannot take leave for any other purpose.
Who qualifies as a partner?
For the purposes of deciding if an employee is eligible for paternity leave, a partner is someone who lives with the mother of the baby in an enduring family relationship but is not an immediate relative.
Are there any exceptions to the qualifying conditions for leave?
If the baby is born earlier than the fourteenth week before it is due and, but for the birth occurring early, the employee would have been employed continuously for the twenty-six weeks, then he will be deemed to have the necessary length of service.
Will an employee qualify for leave if his baby is stillborn or dies following birth?
A qualifying employee will be entitled to paid leave if his baby is stillborn after twenty-four weeks of pregnancy.
If the baby is born alive at any point in the pregnancy but dies later, the employee will be entitled to pay paternity leave in the usual way.
What qualifying conditions are there for Statutory Paternity Pay?
In addition to the qualifications for leave, to qualify for Statutory Paternity Pay (SPP) an employee must have average weekly earnings at or above the Lower Earnings Limit for National Insurance at the end of his qualifying week. The employee does not have to pay National Insurance to qualify.
What counts as working continuously for the period needed to qualify for pay and leave?
Continuous employment generally means working for the same employer without a break, but this is not always the case. An employee's continuity of employment for the purposes of qualifying for SPP and paternity leave will not be regarded as broken in certain circumstances.
If an employee changes jobs before his baby is born will he qualify for pay and leave?
Unless the new employer is an associated employer, the employee probably won't qualify for pay or leave. The document Continuous employment and a week's pay will tell you more about when time with a previous employer may count towards continuity of employment.
If an employee's contract ends after his baby is born, will he be entitled to pay or leave?
The employee is still entitled to SPP, even if his contract ends after the baby is born. However, if he starts work for a new employer, he cannot get SPP for any week he works for them.
What happens if the employer decides the employee doesn't qualify for SPP or paternity leave?
If the employer decides that the employee is not entitled to SPP for any reason, they must give him a written statement. Form SPP1 I cannot pay you Statutory Paternity Pay (SPP) (available from the HM Revenue and Customs Employer's Orderline on 08457 646 646) can be used for this.
If the employee disagrees, he should first discuss it with his employer. If he is still unhappy he should contact an HM Revenue and Customs office to ask for a decision.
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