All businesses that pay staff may need to pay statutory paternity pay if an employee wishes to take time off work if they and their partner are: having a baby, adopting a child, or having a baby via a surrogacy arrangement.
Statutory paternity pay (SPP) is an amount that is payable by employers to eligible employees. To see if an employee qualifies for SPP a YES answer is required for ALL of the following questions.
|1. Is the employee either the father, husband or partner of the mother (or adopter)?|
|2. Does the employee have a contract of employment?||The employee must have done some work under that contract.|
|3. Does the employee earn at least £112 per week?||If the employee is paid an irregular amount the average weekly earnings for the last eight weeks must be calculated.|
|4. Has the employee worked for you continuously for at least 26 weeks up to the qualifying week?||The qualifying week is the 15th week before the expected week of childbirth (this will differ for adoption).|
|5. Has the employee given you the correct notice?||This is the 15th week before the expected week of childbirth (this will differ for adoption).|
|6. Has the employee given you proof of their pregnancy?||The employee can complete the following form to ask for leave and pay - Ordinary Statutory Paternity Pay and Leave: becoming a birth parent (SC3). The form can be found on the GOV.UK website here. Proof of pregnancy can also be in the form of a doctor's letter or a maternity certificate (MATB1). The rules are different to adoption.|
|7. Is the employee taking time off to look after a child?|
|8. Is the employee responsible for the child's upbringing?|
A form called SPP 1 must be completed if the employee is not eligible. The form can be found here.
SPP can be paid for a maximum of two weeks.
The amount is the lower of:
The following tool may help you to calculate statutory paternity pay: https://www.gov.uk/maternity-paternity-calculator
An eligible employee can take one or two weeks' paternity leave and SPP will be paid for the length of time taken.
Paternity leave cannot start before the birth date and must finish with 56 days of the birth (due date if the baby is early). These dates will differ for adoption.
SPP is payable to employees in the usual way that their salaries and wages are paid. Income tax and national insurance need to be deducted under the normal rules.
What paperwork do I need to complete?
You must keep the following records for three years from the end of the tax year to which they relate:
The details can be recorded on a Statutory Paternity Pay record sheet (SPP2).
An employee can request Additional Statutory Paternity Pay (ASPP) if their partner returns to work before the end of their maternity (or adoption) pay or leave period.
The Additional Paternity Leave (APL) can be for two to 26 weeks.
The ASPP is the lower of:
The leave can only start 20 weeks after the birth (or adoption) and ends on the child’s first birthday (or one year after the adoption). The pay must stop when the partner’s maternity (or adoption) pay would have ended. Therefore, an employee could be taking additional paternity leave without receiving ASPP.
The following forms are available in relation to ASPP:
Covering entitlement and eligibility, notice periods, adoption and record keeping.Read more
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