Education and Child Matters

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Statutory Paternity Leave & Pay

 

If you would like to check whether you are entitled to paternity leave or pay, maternity leave or pay or maternity allowance please click the link below. We suggest you read this webpage first.

LINK TO GOVERNMENT WEBSITE TO CHECK IF YOU CAN GET PATERNITY OR MATERNITY LEAVE OR PAY OR MATERNITY ALLOWANCE.

WHAT IS STATUTORY PATERNITY LEAVE?

Statutory paternity leave is the permitted time an employee is allowed to take off when they are the biological father or their partner has had a baby themselves, through surrogacy (if they consented to the surrogacy) or through adoption. 

HOW LONG IS STATUTORY PATERNITY LEAVE?

Paternity leave is 1 – 2 weeks. 

WHAT ABOUT SAME SEX COUPLES – CAN ONE OF THEM TAKE PATERNITY LEAVE?

Yes they can. It makes no difference. One partner can take maternity leave and one paternity leave.

WHAT ABOUT SURROGACY – WHICH PARTNER TAKES WHICH LEAVE?

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. 

WHAT ABOUT ADOPTION?

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. 

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

DO YOU HAVE TO TAKE PATERNITY LEAVE IN ONE GO?

Yes you do and within 8 weeks of your baby being born or adopted.

CAN YOU START PATERNITY LEAVE BEFORE THE BIRTH?

No you cannot have paternity leave before the birth of your baby or an adopted child has been placed with you.

WHAT ELSE DO YOU HAVE TO DO TO QUALIFY FOR STATUTORY PATERNITY 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.

WHAT IS A SC3 FORM?

Your employer may ask you to complete a form SC3 if you want to take paternity leave. This is a self certification form. 

LINK TO OUR L.I.P HELP GUIDE FOR FORM SC3

IS STATUTORY PATERNITY LEAVE PAID LEAVE?

Paternity leave is paid leave. This is called statutory (permitted or a requirement by law) paternity pay (SMP). 

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

  1. £172.48 per week or
  2. 90% of your average weekly wages.

Tax and national insurance is deducted from statutory paternity pay.

WHAT ELSE DO YOU HAVE TO DO TO QUALIFY FOR STATUTORY PATERNITY PAY?

  1. You must earn on average £123,00 a week for at least 8 weeks before you qualify.
  2. You must have worked for your employer for 26 weeks before qualifying.