If your wife, partner or civil partner is having a baby you may be entitled to Statutory Paternity Pay from your employer.
Note: this leaflet gives a brief summary of benefits for the partner of a pregnant woman and is for guidance only. It does not cover all situations nor is it a full statement of the law. Sources of further, more detailed information are given at the end.
Your rights to paternity leave
To qualify for paternity leave you must have been with the same employer continuously for 26 weeks by the end of the 15th week before the baby is due. You may take paternity leave even if you do not qualify for Statutory Paternity Pay (SPP). You are entitled to 1 or 2 weeks' paternity leave. But, if you have 2 weeks these must be continuous, you cannot have 1 week and then another week some time later. You may not have the time as odd days spread over a longer period. Paternity leave is additional to your normal annual leave.
To be entitled to paternity leave you must:
- Be the baby's biological father.
- Or be the mother's husband, partner or civil partner.
- Or be responsible for the baby's upbringing.
You must let your employer know 15 weeks before the baby is due (in writing if this is company policy) that you want to take paternity leave and whether you want to take 1 week or 2 consecutive weeks. If you need to change the start date then you must give you employer 28 days' notice.
You cannot take paternity leave before the baby is born. But, you can start the leave later than the birth of the baby, as long as it is completed within 56 of days of the birth.
Statutory Paternity Pay
SPP is paid by your employer for the 1 week or 2 weeks' continuous paternity leave you have chosen to take. You are entitled to SPP if you have worked for the same employer for at least 26 weeks continuously by the end of the 15th week before the baby is due and you are earning an average of at least £109 a week (April 2013).
How much is Statutory Paternity Pay?
SPP is £136.78 a week or 90% of your average weekly wages, whichever is less (April 2013 rate). SPP is paid in the same way and at the same time as your normal wages or salary.
How do you claim Statutory Paternity Pay?
You must let your employer know 15 weeks before the baby is due when you want the SSP to start. If you need to change the start date then you must give your employer 28 days' notice.
Additional Paternity Leave and Pay
You may be entitled to Additional Paternity Leave and Pay if your partner is returning to work. It is available for a maximum of 26 weeks.
Additional Statutory Paternity Pay is payable during your partner's Statutory Maternity Pay, Maternity Allowance or Adoption Pay period and is £136.78 a week or 90% of your average weekly wages, whichever is less (April 2013 rate).
Further help & information
Further reading & references
- Paternity pay and leave, GOV.UK
Disclaimer: This article is for information only and should not be used for the diagnosis or treatment of medical conditions. EMIS has used all reasonable care in compiling the information but make no warranty as to its accuracy. Consult a doctor or other health care professional for diagnosis and treatment of medical conditions. For details see our conditions.
Dr Hayley Willacy