Introduction
This article is useful reading for all employers. We have a similar article for expectant fathers.
Since April 2003, some of your male employees are entitled to take a maximum of two weeks paternity pay. Following the birth of a child, the rights to paternity leave and pay will eligible employees the right to take paid leave to care for the child or support the mother.
Eligibility
Employees must satisfy the following conditions in order to qualify for paternity leave. They must:
- have or expect to have responsibility for the child’s upbringing
- be the biological father of the child or the mother’s husband or partner
- have worked continuously for their employer for 26 weeks ending with the 15th week before the baby is due
Employers can ask their employees to provide a self-certificate as evidence that they meet these eligibility conditions.
The employee is not eligible but wants time off
If the employee does not qualify for paternity leave, they can request for time off, or to take paid holiday, at your discretion.
This leave is paid if the employee:
Earns at least the lower earnings limit (LEL) (currently £87 a week) for National Insurance contributions.
If the employee earns more than £87 a week, he has the right to unpaid paternity leave if he meets the other conditions. He could also be entitled to Income Support during this time although this is not a matter for your consideration as an employer.
Rights to Paternity Leave are additional to normal holiday allowance.
Calculation of paternity pay
The amount of statutory paternity pay (SPP) is currently £112.75 a week or 90 per cent of employee’s average weekly earnings, whichever is lower.
If the employee earns less than £108.85 per week, you must pay them 90% of their average weekly earnings.
Deduct tax and National Insurance in the same way as on their regular wages.
You can reclaim the majority of SPP from their National Insurance contributions.
Additionally, the employee must give you 28 days’ notice of the date on which they want SPP to start.
How much paternity leave?
The employee can take either one or two weeks. They can’t take odd days off – the time must run together. If the employee takes two weeks they must be taken together.
The employee can choose to start the leave:
- on the day the baby is born;
- a number of days or weeks after the baby is born;
- from a specific date after the first day of the week in which the baby’s expected to be born
Leave can start on any day of the week (but not before the baby is born), but has to finish within 56 days of the baby being born or, if the baby’s born before the week it was due, within 56 days of the first day of that week.
If the employee’s partner has a multiple birth, they are only allowed one period of paternity leave.
What happens if they ‘lose’ the baby?
Provided the employee meets all the other conditions, they can still take paternity leave if the child is:
- stillborn after 24 weeks of pregnancy
- born alive at any point of the pregnancy
Employer’s notice
Your employee must notify you in writing at least 15 weeks before the beginning of the week when the baby is due. They must tell you:
- when the baby is due
- whether they want one or two weeks’ leave
- when they want the leave to start
They may change the date that the leave starts, as long as they give 28 days’ notice.
My employee hasn’t given the correct notice
If the employee didn’t give you the correct full notice for a valid reason (e.g. if the baby arrives early), they should still give you as much notice as possible. They are still entitled to receive leave and pay if they meet the other conditions.
If there is no valid reason (e.g. they simply forgot) they lose their entitlement.
Can I change their terms and conditions if they take paternity pay or leave?
The employee will receive all their normal employment benefits (apart from wages) during their paternity leave. They are entitled to return to the same job, and you shouldn't treat them unfairly or dismiss them for taking or asking to take paternity leave.
Can an employee receive paternity pay if they adopt a child?
If a male employee adopts a child they may be entitled to paternity leave and pay. When a couple adopts they can choose who takes, if eligible, the paternity leave and pay and who takes the adoption leave and pay.
Net Lawman document templates relevant to this subject
Net Lawman document templates relevant to this subject
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