Statutory Paternity Pay
If you are a working father, or the partner of a woman having a child (including a same-sex partner), you may be able to get Statutory Paternity Pay for two weeks during your paternity leave. You can also get Statutory Paternity Pay for paternity leave you take when you are adopting a child.
To qualify for paternity leave for a birth, you must:
Have been employed by the same employer for at least 26 weeks by the end of the 15th week before the expected week of childbirth; and
Be the biological father of the child, or be married to or be the partner of the baby’s mother (this includes same-sex partners, whether or not they are registered civil partners); and
Have some responsibility for the child’s upbringing; and
Have given your employer the correct notice to take paternity leave.
When can you take paternity leave?
If you are taking paternity leave for a birth, the leave can start either on the day the baby is born or on a date that has been agreed in advance with your employer. Your paternity leave cannot start before the baby is born, and, if you are agreeing a date later than the birth of your baby, it must be completed within 56 of days of the birth.
If you are taking paternity leave for an adoption, the leave can start either on the day that the child is placed with you, or on a date that has been agreed in advance with your employer. If you are agreeing a later leave date later than the date your child was placed with you, the leave must be completed within 56 days of the adoption date.
Telling the employer about your paternity leave
You need to be able to show your employer that you are entitled to paternity leave. To do this you must give the employer the following information:-
The date the baby is due or the date of the birth. If you are adopting a child you should give the date that you were matched with your child or the date on which the child is placed with you
The date when you would like your paternity leave (and pay) to start
Whether you are taking one or two week’s paternity leave
A declaration that you are entitled to paternity leave
A declaration that you are taking leave to support the mother or care for the child.
You can use self-certificates to provide this information to your employer. These self-certificates are available on the website of HM Revenue and Customs at: www.hmrc.gov.uk for a birth child and www.hmrc.gov.uk for an adopted child.
You must also give your employer notice that you want to take paternity leave. The notice must be in writing if your employer asks for written notice. You must give notice 15 weeks before the baby is due or, if this is not practical, as soon as possible once you know you want to take leave. If you are adopting a child, you must give notice no later than seven days after the date you are matched with your child for adoption. If this is not practical you must give notice as soon as possible once you know you want to take paternity leave.
If you change your mind about when you want to take paternity leave you can, but you should give your employer 28 days’ notice of the changed date.