Statutory Paternity Pay: What New Dads Need to Know

When welcoming a new child, understanding financial entitlements is essential. Statutory Paternity Pay (SPP) is an important right for workers. It offers financial help to eligible employees on paternity leave. It is a legal obligation for employers to provide SPP to those who qualify.

Statutory Paternity Pay: What New Dads Need to Know

Antenatal Appointments

Fathers and partners are legally entitled to unpaid time off work to attend up to two antenatal appointments. Each appointment may last up to six and a half hours, including travel and waiting time. Additional time off may be taken as annual leave. You can also consider alternative options, like working from home or making up the time later.

Paternity Leave: How It Works

Paternity leave is available to fathers, partners, and same-sex couples. Eligible employees can take two weeks of paid leave after their child is born. This leave cannot be split into separate weeks or taken as odd days and must be taken within 56 days of the birth.

Statutory Paternity Pay is £187.18 a week or 90% of the employee’s average weekly earnings, whichever is lower. Payments start on the agreed date and are made by the employer. They cover up to two weeks.

Eligibility for Statutory Paternity Pay

To qualify for Statutory Paternity Pay, the employee must be one of the following:

• The baby’s biological father.

• The mother’s spouse, civil partner, or partner, including same-sex partners.

The employee must also:

• Have worked continuously for the same employer for at least 26 weeks up to the end of the qualifying week (the 15th week before the expected due date).

• Be employed by the same employer at the time of the baby’s birth.

• Earn at least £125 per week (the Lower Earnings Limit) before tax, averaged over the eight weeks leading up to the qualifying week.

Not all new fathers automatically qualify. Employment status is important. Agency workers, casual workers, zero-hours contract workers, freelancers, and contractors who get paid through PAYE might qualify. They must meet the required earnings and service thresholds.

Additional conditions include:

• Taking time off to care for the child or support the mother.

• Providing the necessary notice and declaration to the employer.

If these criteria aren't met, Statutory Paternity Pay might be denied. However, the employee may still be eligible for unpaid paternity leave.

How Much Could I Get?

Statutory Paternity Pay is £187.18 a week or 90% of your average weekly earnings, whichever is less. Unlike maternity leave, which can last up to 52 weeks, paternity leave is limited to one or two weeks.

Agency workers, zero-hours contract employees, and other PAYE workers can get SPP if they meet the qualifying criteria.

Claiming Statutory Paternity Pay

A formal written request must be submitted to the employer no later than 15 weeks before the expected due date. Employees can use their employer's form or the SC3 form for Statutory Paternity Pay and Leave. This form is available on GOV.UK.

Step 1: Notify Your Employer

Employees must provide:

• The expected date of birth.

• The intended start date for paternity leave.

• The duration of leave (one or two weeks).

In cases of adoption, the notice must be given within seven days of being matched with a child.

Step 2: Confirm Eligibility

Employers may request a declaration of eligibility. Employees should confirm their relationship to the child. They must also state their intention to take paternity leave.

Step 3: Await Confirmation

The employer has 28 days to confirm approval or explain why someone is ineligible.

If Someone Is Not Eligible for Statutory Paternity Pay

If an employee doesn’t qualify for SPP, the employer must inform them in writing. They need to do this within 28 days of getting the request. The employer may use form SPP1 (available on GOV.UK) for this purpose.

If SPP is unavailable, the employee might still qualify for unpaid paternity leave. They can also take other leave types, like annual or special leave.

What Are Your Rights During Paternity Leave?

During paternity leave, employees are entitled to:

• Job protection: The right to return to the same job following leave.

• Pay and benefits: Accrual of holiday leave, continued pension contributions, and maintenance of contractual benefits.

• Protection from unfair treatment or dismissal related to paternity leave.

If an Employee Does Not Return to Work After Paternity Leave

Statutory Paternity Pay does not need to be repaid if the employee chooses not to return to work after their leave. If enhanced or contractual paternity pay was given, the employment contract might include repayment terms. Employers should ensure these terms are communicated clearly before paying any enhanced benefits.

Conclusion

Statutory Paternity Pay gives important financial support to new fathers and partners. This support lets them take time off to bond with their child and care for their family. Employers are key in handling these payments. They must give timely information to employees about their rights and benefits.

Frequently Asked Questions

What if I Am Ineligible for Statutory Paternity Pay?

If you do not qualify for Statutory Paternity Pay, your employer must notify you in writing. You may still be able to take unpaid leave, special leave, parental leave, or use your annual leave to take time off around the birth.

Can I Take Paternity Leave if the Baby Is Stillborn?

Yes. If the baby is stillborn after 24 weeks of pregnancy, you are still entitled to Statutory Paternity Leave and Pay, provided you meet the usual eligibility criteria.

Can I Change the Start Date of My Paternity Leave?

Yes. You may change your paternity leave start date if you give your employer at least 28 days’ notice of the new date, where reasonably practical. Flexibility is particularly important in the event of early or late births.

Can I Take Statutory Paternity Pay if I’m on a Zero-Hour Contract?

Possibly. To be eligible, you must meet the earnings threshold of £125 per week and have continuous employment, even if your hours change. When welcoming a new child, knowing financial entitlements is important. Statutory Paternity Pay (SPP) is a key employment right. It provides financial support to eligible employees during paternity leave. It is a legal obligation for employers to provide SPP to those who qualify.