Education and Child Matters

I AM L.I.P

I am a Litigant In Person

Form SC4

Form you would use if you are an employee and would like to apply for paternity leave and pay when you have adopted a child or had a child through surrogacy.

 

WHAT IS FORM SC4 USED FOR?

Form SC4 is used to claim statutory (permitted by law or a requirement by law) paternity pay and leave if you are an employee and you become a parent through adoption or surrogacy. It is a self certification form.

Once this form is completed it must be given to your employer at least 28 days before you would like paternity ay to start. Paternity leave is 1 – 2 weeks

Statutory paternity leave is the permitted time an employee is allowed to take off if one of the following apply:

1) You must be married or are in a civil partnership with another individual (including same sex) who is adopting a child on their own.

2) If you are adopting a child with your spouse, civil partner or partner (including same sex couples)

3) You are a parental order parent (surrogacy) and you are not taking adoption pay and leave.

4) You expect to have the main responsibility for a child with the adopter.

You cannot have paternity leave before the birth of your baby or an adopted child has been placed with you. You have to take paternity leave in one go and within 8 weeks of your baby being born or adopted. 

How can you qualify statutory paternity pay & leave?

  1. You have to be an employee.
  2. You have to tell your employer more than 15 weeks before your baby is due when you would like your paternity leave to start. It is advisable to do this in writing. Your employer will confirm in writing what you have asked within 28 days. This letter will state your start and end dates for your paternity leave.
  3. You must earn on average £123,00 a week for at least 8 weeks before you qualify.
  4. You must have worked for your employer for 26 weeks before qualifying. 
  5. If you and your partner are adopting a child, to qualify for paternity leave you have been an employee where you work for 26 weeks before you are informed you have been matched with a child or your child enters the UK if it is an overseas adoption. 
  6. When it comes to surrogacy, neither partner is entitled to statutory maternity leave. However, one partner can take paternity leave and one can take adoption leave. 
When are the start dates for your statutory paternity leave?
 

You can start your paternity leave as per the following:

  1. From the date your baby is born
  2. Within 8 weeks after your baby being born or expected to be born as long as it is agreed with your employer.
  3. From when your adoption placement starts
  4. Within 8 weeks after the adoption placement starts as long as it is agreed with your employer.
  5. From the day or day after your surrogate baby is born.
  6. From the date your overseas adopted child arrives in the UK or a date soon after as long as it is agreed with your employer
How much is paid during statutory paternity leave?
 

Paternity leave is paid leave. You will get paid for both weeks of your paternity leave. You will get one of the following depending which one is lower.

  1. £156.66 per week or
  2. 90% of your average weekly wages.

Tax and national insurance is deducted from statutory paternity pay.

If you would like to check whether you are entitled to paternity leave or pay please click the link below. 
 

ARE THERE ANY GOVERNMENT OR OUR OWN L.I.P HELP GUIDES OR WRITE UPS TO HELP YOU COMPLETE FORM SC4?

There is a government webpage called ‘paternity pay and leave’ that can help you. Please click on the link below.

LINK TO GOVERNMENT WEBPAGE FOR PATERNITY PAY & LEAVE

For background information you can read our webpage for statutory paternity pay and leave

LINK TO OUR L.I.P HELP GUIDE FOR STATUTORY PATERNITY PAY & LEAVE 

WHAT IS THE FEE TO GIVE FORM SC4 TO YOUR EMPLOYER?

There is no fee to give this form to your employer. 

HOW TO COMPLETE FORM SC4 AND WHERE TO SEND IT

  • NOTE 1 – You will have to print a copy of form SC4 and complete it by black pen.
  • NOTE 2 – If you find there is not enough space to complete your answers on your form SC4 then please use additional sheets of paper to continue and attach them to your form. Please write your name, address, and question number on the top of your additional sheets of paper. 
  • NOTE 3 – Please keep a copy of your form Sc4 and any attachments (if you are sending any) for yourself outside of the ones you send.
  • NOTE 4 – Before you start to complete your form SC4 please read page 1 of your form.
  • Form SC4 is 3 pages long.
  • Page 2 is to be completed if you are becoming an adoptive parent. The box on the left hand side of page 2 will ask for your surname, first name, and national insurance number.
  • The box underneath will ask you to input dates;
    • The date the child has been matched with the person(s) adopting the child
    • The date the child is expected to be placed with the adopters
    • The date the child has been placed with the adopters
    • The date you would like the your statutory paternity pay and paternity leave to start.
    • How many weeks (1 or 2) you want to take off.
  • The box on the right hand side will ask you to date and sign a declaration.
  • Page 3 is to be completed if you are becoming a parental order parent (having a child through surrogacy). The box on the left hand side on page 3 will ask for your surname, first name and national insurance number.
  • The box underneath will ask you to input dates;
    • The date the baby is due. 
    • The date the baby was born if they have already been born. 
    • The date you would like the your statutory paternity pay and paternity leave to start.
    • How many weeks (1 or 2) you want to take off.
  • The box on the right hand side will ask you to date and sign a declaration.
  • Please give your form to your employer.

WHERE CAN YOU FIND FORM SC4/DOWNLOAD THIS FORM?

Please click on the link below to access form SC4 from the government website. 

LINK TO GOVERNMENT WEBSITE FOR FORM SC4

WHEN WAS FORM Sc4 FIRST PUBLISHED AND LAST UPDATED?

Form Sc4 was first published by the government (HM Revenue & Customs) on 04-04-2014 and it was last updated on 07-11-2018