Who can take statutory paternity leave and pay?
Provided that they meet the eligibility criteria, statutory paternity leave and pay may be taken by any employee (male or female) if they, alongside their partner are:
Expecting a baby
Adopting a child
Having a baby via a surrogacy arrangement
This article covers eligibility for statutory parental pay and leave (birth). For further information about eligibility and entitlement to statutory paternity pay and leave (adoption), please refer to HMRC's guidance.
Eligibility criteria for statutory paternity leave (SPL)
In order to qualify for statutory paternity leave, your employee must:
Be either the father, partner of the mother, or intended parent through a surrogacy arrangement and be responsible for raising the child.
Have a contract of employment with you, and have been employed by you for 26 weeks by the Qualifying Week.
Tell you no later than 15 weeks before the baby is due, when they wish to start their leave and whether they wish to take one week or two weeks of leave.
Eligibility criteria for statutory paternity pay (SPP)
In order to qualify for statutory paternity pay, your employee must satisfy the above criteria and have also earned at least £123.00 (the national insurance lower earnings limit) a week in the Relevant Period. The Relevant Period is the 8 weeks before the Qualifying Week which means that the Relevant Period starts 23 weeks before the baby's due date and ends at the Qualifying Week.
When can statutory paternity leave or pay be taken?
Statutory paternity leave or pay can be taken in:
1 single block of 2 weeks
1 single block of 1 week
They cannot take two blocks of leave.
It can start no earlier than baby's due date, or baby's date of birth (if this is earlier) and must have ended within 56 days of baby's birth date, or baby's due date if baby was early.