Who is entitled to paternity leave?
Father of the child
Husband or civil partner of the mother/adopter (male or female)
Child’s adopter
The intended parent (i.e. surrogacy route)
Other eligibility requirements…
Classified as an ‘employee’
To have continuously worked for your employer for a minimum of 26 weeks up to the ‘qualifying week’. NOTE – the ‘qualifying week’ is known as the 15th week before the baby’s due date
If adopting, the requirement is to be continuously employed by your employer for a minimum of 26 weeks at the point of the ‘matching week’. This can be either:
- National adoptions: the week you are matched with the child
- International adoptions: the child’s date of entry into the UK
- Handling the correct notice procedure
When can paternity leave be claimed & how long does it last?
Paternity leave can be claimed during the first eight weeks after the birth of the child. However, if the child is adopted, the leave can begin any time up to eight weeks after the child is under the care of the adopter. The leave lasts up to two weeks taken consecutively (i.e. cannot be broken up into odd days).
Paternity Pay
Statutory paternity pay is paid during the agreed time of leave. It is a requirement to have the employer confirm the start and end dates of Paternity Pay when during the time in which it is claimed. However, if need be, those dates can be altered given the change be requested with 28 days’ notice. The current rate of pay is (whichever is lower), either £151.20; or 90% of the average weekly earnings.
How do I claim paternity leave/pay?
To claim statutory paternity leave/pay, you must inform your employer 15-weeks before the child’s due date what arrangements you seek:
When you want to begin the leave
How long you want the leave to last (e.g. 1 or 2 weeks’ leave)
This request can be made via form SC3 or a version of the form provided by your respective employer. However, where the request relates to a national adoption, fill out SC4 or if international, the relevant form SC5.
Shared Parental Leave and Pay – What is shared parental leave/pay?
Shared parental leave/pay allows for a more flexible arrangement for mothers and fathers surrounding the care of the biological or adopted child.
When can shared parental leave be claimed & how long does it last?
Both the pay and leave are shared amongst the two parents (as follows):
Pay duration: 37 weeks
Pay rate: 90% of average weekly earnings or £151.20 (whichever is lower)
Leave duration: 50 weeks
Start date (pay + leave):
Biological child: the first year after the child is born
Adopted child: the first year after the child is assigned to the family
Eligibility requirements: Biological Parents
Meeting the criteria of work & pay (these differ based on the parent seeking shared parental pay and leave)
Commencing shared responsibility of the child from the day of birth
IF responsibility commences later on in the child’s life, you are not eligible for shared parental leave and pay
OPTION #1 – Sharing leave & pay amongst both parents
Both parents are required to be:
Continuously employed for a minimum of 26 weeks up to the qualifying week
Employed by the same employer whilst receiving shared parental pay
Classified as an ‘employee’
Receiving a minimum income of £120/week
OPTION #2 – One parent taking leave & pay
The parent taking the leave required to be:
Continuously employed for a minimum of 26 weeks up to the qualifying week
Employed by the same employer whilst receiving shared parental leave
Classified as an ‘employee’
Receiving a minimum income of £120/week
The other parent is required to be:
Employed for a minimum of 26 weeks up to 66 weeks before the child’s birth
Receiving a minimum total of £390 on any 13 of the 66 weeks of working.
Eligibility requirements – Adopting Parents
Meeting the criteria of work & pay (these differ based on the parent seeking shared parental pay and leave)
Sharing the responsibility of the child
OPTION #1 – Sharing leave & pay amongst both parents
Both parents are required to be:
Continuously employed for a minimum of 26 weeks by the week of being matched with a child
Employed by the same employer whilst receiving shared parental pay
Classified as an ‘employee’
Receiving a minimum income of £120/week
OPTION #2 – One parent taking leave & pay
The parent taking the leave is required to be:
Continuously employed for a minimum of 26 weeks by the week of being matched with a child
Employed by the same employer whilst receiving shared parental leave
Classified as an ‘employee’
Receiving a minimum income of £120/week
The other parent is required to be:
Employed for a minimum of 26 weeks up to 66 weeks before being matched with a child
Receiving a minimum total of £390 on any 13 of the 66 weeks of working
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