Paternity Leave and Pay: a complete guide

What is Paternity Leave and Pay? If you are employed and soon to be a father, you could be eligible. This Your Benefits article will tell you everything you need to know. 

What is Paternity Leave?

Paternity Leave is a scheme that soon-to-be fathers can benefit from. Indeed, you may be adopting a child, having a baby through surrogacy or having a baby. If this is the case, you may qualify for the following:

• Paternity Pay
• 1 or 2 weeks of paid Paternity Leave
• Shared Parental Leave and Pay

You retain your employment rights while on paternity leave. This includes, but is not limited to, the following:

• going back to work
• getting holiday days
• being eligible for an increase in pay

You may go to 2 antenatal appointments with your partner or surrogate mother. Indeed, you can get time off for this. Additionally, you may also get time off to go to 2 adoption appointments. This is if you are adopting, and have matched with a child. However, you may not get both Paternity Pay and Leave if you take time off for adoption appointments.

What will I get with Paternity Leave?

You may either get 1 or 2 weeks of Paternity Leave. Indeed, you may not get more, even if your partner has a multiple birth. For example, if they give birth to twins. 

You cannot separate your Paternity Leave into multiple periods. You must take it in one consecutive period. Additionally, note that a week is whatever number of days you work in a week. If you work 3 days weekly, then one week off will be 3 days off.

Unlike Maternity Leave, you may not begin Paternity Leave prior to the birth of your child. Additionally, it must end no more than 56 days after the birth. However, if the baby is early, the relevant date becomes the due date. 

You may want to change the date on which Paternity Leave starts. In this case, you must inform your employer at least 28 days in advance. 

You may be a permanent employee. If this is the case, you may take your Paternity Leave immediately. In order to be eligible for this, you will need to have worked at your job for a duration of 12 weeks. This is if you are an agency worker.

Also note that you may be eligible for Shared Parental Leave. However, taking this type of leave makes you unable to take Paternity Leave.

What if I need to take time off for antenatal appointments?

You may take time off to attend 2 antenatal appointments. Indeed, you may do so to go with a pregnant woman to said appointments. The leave will be unpaid. Furthermore, you need to be one of the following:

• the intended parent
  • this is if you are having a baby via a surrogacy arrangement
• a long-term relationship with the pregnant mother
• the civil partner or spouse of the pregnant mother
• the father of the baby

What will I get with Paternity Pay?

Paternity Pay and Leave go hand in hand. Indeed, you may be able to claim both at the same time. There is a fixed rate of Paternity Pay you may earn. More specifically, you will get one of the following statutory weekly rates, whichever is lower:

• 90% of your average weekly earnings
• £151.97

You will typically be paid this while you are on Paternity Leave. However, the start and end date needs to be confirmed by your employer. You must notify your employer at least 28 days in advance to change the start date of Paternity Pay. This is like Paternity Leave.

Am I entitled to Paternity Leave?

To be eligible for Paternity Leave, you must take time off to take care of a child. Additionally, you must be one of the following:

• the person adopting the child
• the partner or husband of either the mother or adopter
  • this applies also for same-sex couples
• their father
• the intended parent
  • this is only if you are having the child via a surrogacy arrangement

You may want to be eligible for both Paternity Pay and Leave. However, there are additional conditions for both. 

In order to be eligible for Paternity Leave, you must be and do all of the following:

• currently be considered an employee
• provide your employer the correct information and notice
• continuously worked for your employer
  • this must be true for a minimum of 26 consecutive weeks until any day in the ‘qualifying week’

Am I eligible for Paternity Pay?

You may also be eligible for Paternity Pay. This is the case if all of the following are true for your situation:

• you work for your employer until the date of the birth
• your weekly pay is £120 or more
  • this is before tax
• you provide your employer with the correct information and notice
• continuously worked for your employer
  • this must be true for a minimum of 26 weeks until any day in the ‘qualifying week’

What is ‘qualifying week’? It is the 15th week prior to the baby’s birth. Note that this is different if you are adopting a child.

You may have been on ‘furlough‘ through the Coronavirus Job Retention Scheme. Indeed, you could then have earned less than £120 weekly on average because of this. If it is the case, you could still qualify for Paternity Pay.

You may not be eligible for Paternity Pay and/or Leave. If this is the case, your employer needs to inform you of this. Indeed, they may do so no more than 28 days after you claimed the scheme. Additionally, they will need to provide form SPP1.

How can I claim Paternity Pay and Leave?

You do not need to provide your employer with proof of pregnancy or birth to get Paternity Pay and Leave. The modalities and procedures are different for adoptions.

You must claim Paternity Leave a minimum of 15 weeks before the baby is due. Additionally, you need to tell your employer the following:

• whether you want 1 or 2 weeks of Paternity Leave
• when you want the leave to start
• your baby’s due date

It is possible that your employer wants this to be done in writing. Additionally, you may be able to get Paternity Pay at the same time. Indeed, you may do so by using form SC3, or the equivalent provided by your employer.

What rules for adoptions?

You may want to know if your are eligible for Paternity Leave and Pay. For this, you must have worked for your employer for at least 26 weeks. This must be true until ‘matching week’. For adoption, this is when one of the following is true:

• adoptions in the UK
  • the end of the week when you are matched with the child
• adoptions overseas
  • either the date on which the child comes in the UK, or
  • the day on which you want Paternity Pay to start

You may start Paternity Leave on the following:

• a number of days agreed following the placement
• the exact date of the placement 
• for overseas adoptions
  • either when the child arrives in the UK, or a number of days following this
• for surrogate parents
  • either the day of birth of the child, or the following (if you were working)

You must provide your employer with form SC4 for adoptions. When you need to give the form is the following:

You need to provide a different form for overseas adoptions. Indeed, the information you need is present on form SC5.