Overview of Statutory Paternity Pay (SPP) and Leave
Statutory paternity pay is a pay granted by the company to the employee (who is also a father of a born child) in lieu of the leaves taken by him for a short period before or after the birth of his child. Statutory Paternity pay is granted to the employee (who is also a father) at the time of his partner’s pregnancy, adopting a child or having a baby through a surrogacy arrangement. You may be eligible for the following –
- Paid paternity leave of 1 or 2 weeks.
- Paternity pay
- Shared parent leave & pay
UK government specified some rules on how to claim and when your leave will start. You may not get both leave & pay.
Employment rights when you are on leave
There are some employment rights given by the company to father of a born child when you apply for statutory paternity leave which includes the following -
- Rise in pay
- Build up holiday
- Return to work
You can get leaves to accompany your partner (or the surrogate mother) to 2 antenatal appointments.
In case you are adopting a child, you can get a leave to attend 2 adoption appointments after you matched with the child.
In case of paternity leave, a choice has been given to the father to choose between 1 or 2 weeks. You are granted same amount of leaves in case your partner has given birth to more than on child. For ex – Twins. You have to take this leave in one time. You can’t break this leave and use the same at multiple times. A week is same amount of days you work normally. For ex – For you, week is only 3 days if you are working on Monday, Wednesday and Friday.
Start Date & End Dates
Leave will start after the birth of the child not before than that and must end within 56 days of the birth of the child. In case you want to change your start date of paternity leave, you must give 28 days’ notice to your employer.
There is no need to give a particular date to your employer that when you want to take leave. For ex – 1 February.
You can give time such as day of birth or 1 week after the birth.
The rules are different in case of adoption.
Shared Parental Leave (SPL)
You may also be eligible for shared parental leave (SPL) but you cannot apply for parental leave after taking shared parental leave.
Leave for Antenatal Appointments
You can take unpaid leaves to accompany your pregnant partner to 2 antenatal appointments if –
- You are the father of the baby
- You are the spouse of the expecting mother or civil partner
- You are in a long relationship with the expecting mother
- You are the intended parent (Baby through surrogacy arrangement)
You can take time up to 6 & half hours per appointment. Your employer can give you more hours as per his or her choice.
In case you are a permanent employee of the company, you can apply for leave immediately. You must do job for at least 12 weeks before you qualify, if you are an agency worker.
Statutory Paternity Pay (SPP)
Statutory paternity pay is paid to the father of the born child for 1 or 2 weeks. The statutory paternity pay per week is £148.68 or 90% of your average weekly earnings (whichever is lower).
Statutory paternity pay is paid to the father of the child by the employer just like the normal wages i.e. monthly or weekly. Even tax & national insurance will also get deducted in the same way as it is deducted from normal wages.
Start and End Dates
Statutory paternity leave starts when you take paternity leave. Employer must confirm the start and end dates of your maternity pay when you ready to claim it.
You must give your employer a notice of at least 28 days to change the start date of paternity leave.
If your employer has a company paternity scheme, you may get more than the statutory amount of leave and Pay. Company cannot offer you the amount less than the statutory amount.
You must be eligible to take leave to look after your child if you are one of the following –
- The husband or partner of the mother (or adopter) – it includes same sex partners.
- The child’s adopter
- Intended partner (baby through a surrogacy arrangement).
Some extra conditions are also specified which you need to meet to become eligible for leave & pay.
In case you take paid leave to attend adoption appointments, you are not eligible for paternity leave & pay.
Eligibility for Statutory Paternity Leave
You are eligible for statutory leave if –
- You are an employee not a worker
- You have given correct notice to your employer.
- You worked continuously for your employer for at least 26 weeks continuing into the qualifying week – 15th week before the delivery of boy is expected. This is different in case of adoption.
Eligibility for Statutory Paternity Pay (SPP)
To become eligible for statutory paternity pay, you must –
If you lose your baby
- Earn at least £118 per week (before tax)
- Give the correct notice
- Be employed by your employer up to the date of birth
- Worked continuously for your employer for at least 26 weeks continuing into the qualifying week – 15th week before the delivery of boy is expected. This is different in case of adoption.
In case you lose your baby, you are still eligible for paternity leave or pay if your baby is –
If you are not eligible for statutory paternity pay (SPP)
- Born alive at any time during the pregnancy.
- Still born from 24 weeks of pregnancy.
In case you are not eligible for SPP, your employer must give you form SPP1 & explain you that why you can’t get SPP within 28 days after making the decision.
How to Claim Paternity Leave and Pay through your Employer
You can easily claim paternity leave and pay from your employer. In order to claim paternity pay, there is no need to give proof of pregnancy or birth. The forms & rules are different in case of adoption.
How to Claim Statutory Paternity Leave
In order to get paternity leave, you must tell the following to your employer at least 15 week before the baby is due –
- Due date
- When you want to start your leave. For ex – The birth day or the week after the birth of the child
- You want 1 or 2 weeks leave
Your employer can ask for this in writing. If you use form SC3, you can ask not only for paternity leave but for paternity pay too.
How to Claim Statutory Paternity Pay
In order to claim paternity pay, submit the form SC3 to your employer at least 15 weeks before the baby is due.
Adoption and Surrogacy
Eligibility for Paternity leave or pay in case of Adoption and Surrogacy
You must have worked continuously for your employer for at least 26 weeks by the matching week. In case of adoption, either –
- The end of the week you are matched with the child.
- The date when child enters UK or when you want to start your pay. It is applicable in case of overseas adoption.
There are other eligibility conditions too which you have to meet for paternity leave or pay.
Start & End Dates – Paternity Leave
Period of paternity leave can start –
- On the placement date
- On agreed number of days after the placement date
- On the date when child enters UK or on agreed number of days after this (In case of overseas adoptions only)
- On the day when the child is born or the day after your working day (Surrogate parents)
You can take leave within 56 days of the placement date or on arrival of the child in UK (Overseas adoptions)
In case you want to change your start date, you must give 28 days’ notice to your employer.
How to Claim Paternity Leave or Pay in case of Adoption and Surrogacy
In order to claim paternity leave or pay, you must use form SC4 (or your employer’s own version) –
- Leave – Apply for leave within 7 days after your partner being matched with the child.
- Pay – 28 days before you want to start your pay.
The form and notice period is different for overseas adoptions. Use form SC5 for overseas adoption.
Proof of Adoption
In order to get eligible for paternity pay, you must give proof of adoption to your employer. No proof is required for paternity pay unless employer asks for it. Proof of adoption can be –
- Letter from your adoption agency
- Matching certificate of partner with the child
You must provide this information to your employer within 28 days.
In order to get eligible for both paternity pay & leave, use surrogate procedure to have a baby for which you must -
- Be a couple
- Be responsible for the child along with your partner
- Have worked continuously for your employer for at least 26 weeks continuing into the qualifying week – 15th week before the delivery of baby is expected.
Kindly tell your employer 15 weeks in advance –
- When the baby is due
- When you want to start your leave.
Employer may ask you for this in writing. Your employer may ask you to make a written statement to confirm that you are having an intention to apply for parental order in 6 months after the birth of the child. Kindly sign this agreement in the presence of a legal professional.
In case you already took shared parental leave, you are not eligible to apply for paternity leave.
How Nomisma Payroll Software will help in to calculate Statutory Paternity Pay (SPP)?
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which calculates paternity leaves of the employee (who is also a father) and automatically gives you accurate amount of figure which you need to pay to your employee (father) in lieu of the leaves taken by him to look after his child.
If you are facing any problem in calculating statutory paternity pay, Try Nomisma
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