Paternity Leave
Paternity Leave & Pay
Statutory paternity pay is designed to permit an eligible employee to take paid leave to support the mother and child and care for the child following the birth. The entitlement is to take either one or two consecutive weeks of paternity leave. There may be a right to statutory paternity pay.
The applicant must have 26 weeks of qualifying service with the employer ending in the 15th week before the baby is due. He must be an employee. To qualify for statutory paternity pay, he must be employed by someone who must pay class 1 national insurance contributions. He must be earning at least the lower earnings limit.
An employee may be eligible if he is the biological father of the baby or the mother’s partner, husband, or civil partner.
A partner is a person who lives with the mother of the baby in an enduring family relationship. He must not be an immediate relation. It may include the female partner in a same-sex couple.
There is entitlement to leave if the baby is stillborn after the 24th week of pregnancy. If the baby is born alive at any point but dies later, the entitlement still applies.
Employees who qualify may take either one week or two consecutive weeks of paternity leave. It cannot be taken piecemeal. The entitlement is the same regardless of the number of babies born as a result of the same pregnancy.
Leave cannot be started until after the birth of the baby. Subject to this, an employee can start leave on the date of the birth, after the date of birth, a number of days after the date of birth as specified, or a chosen date as notified to the employer which falls after the first day of the expected week of childbirth.
The leave can start on any day of the week, as long as the requisite period of notice is required. It must be completed within 56 days of the actual birth or 56 days of the expected date of birth if the child is born earlier.
To qualify for statutory paternity pay, the employer must be informed at least 28 days beforehand. Notice must be given of the expected week of the baby’s birth, whether he wishes to take one or two weeks of leave, and when he wishes to start.
A declaration must be made. The employer must be informed of the actual date of birth.
The declaration must confirm that he has taken leave to care for his child or support the mother or both, has or expects to have responsibility for the upbringing of the child, and that he is the father of the child or the partner, civil partner, or husband of the mother.
If the employee changes his mind on the date of commencement of leave but not the length of the leave, he must give 28 days’ notice to his employer.
Statutory paternity pay is treated as earnings, so deductions such as tax and national insurance contributions apply. It is a weekly payment. It may be paid through an insurance company, payroll service, or friendly society.
The rate is similar to statutory maternity pay.
The employer is to reduce the deductions they collect for PAYE, national insurance, student loan deductions, and construction industry scheme deductions fund for SPP. If they do not have the same, they may apply for an advance from HMRC. Most employers must fund a percent of SPP. Some smaller employers with national insurance contributions below a certain threshold may be fully funded.
The contract of employment continues through paternity leave unless either terminated. The employee is entitled to the same benefits in terms of employment and holiday. Rights continue to accrue. However, annual leave may not be taken during paternity leave.
Employer contributions to the pension should be paid based on contractual pay or SPP being paid.
At the end of paternity leave, the employee is entitled to return to the same job on the same terms and conditions as if he had not been absent. He is entitled to benefit from any improvements in pay, terms, and conditions while he is away.
Employees are protected from dismissal or detriment arising from the exercise of paternity as well as other related rights. It is deemed an unfair dismissal if an employee is dismissed because he took paternity leave or sought to take paternity leave. This also applies to detrimental treatment.