Understanding the rules and rights surrounding UK paternity leave and pay is crucial for both employers and employees. This article aims to provide a comprehensive guide to the statutory paternity leave and pay in the UK, including who is eligible, how it can be taken, and what employers need to know. We will also explore the question, “can you split paternity leave?” and provide insights into the process of applying for paternity leave and pay.
What is Paternity Leave and Pay?
Paternity leave is a statutory right that allows eligible employees to take time off work to care for their newborn or adopted child. In the UK, statutory paternity leave is either one or two weeks. It can’t be taken as odd days or as two separate weeks. Paternity pay, on the other hand, is the money that eligible employees receive while they are on paternity leave.
Who is Eligible for Paternity Leave and Pay?
To qualify for statutory paternity leave and pay in the UK, an employee must:
- Be the biological father of the child, the mother’s husband or partner (including same-sex partner), or the child’s adopter.
- Have worked continuously for the same employer for at least 26 weeks by the end of the 15th week before the expected week of childbirth (EWC) or by the end of the week in which the adopter was notified of being matched with the child.
- Be taking the time off to support the mother or care for the baby.
- Have given the correct notice.
How Much is Paternity Pay?
Statutory Paternity Pay (SPP) is either £151.97 per week or 90% of the employee’s average weekly earnings (whichever is lower). Some employers may offer more than the statutory amount, but they can’t offer less. The SPP is paid in the same way as wages, i.e., tax and National Insurance will be deducted.
When Can I Take Paternity Leave?
Paternity leave can’t start before the birth. It must end within 56 days of the birth (or due date if the baby is early). The start date must be one of the following:
- The actual date of birth.
- A predetermined date after the expected week of childbirth.
- A chosen number of days after the birth.
Can You Split Paternity Leave?
Under the current UK paternity leave rules, you can’t split paternity leave into separate weeks. It must be taken in one go. However, parents can share up to 50 weeks of leave and up to 37 weeks of pay if they meet the eligibility criteria for Shared Parental Leave and Pay.
How to Apply for Paternity Leave and Pay?
To apply for paternity leave, an employee must inform their employer at least 15 weeks before the baby is expected. The notice should include:
- When the baby is due.
- When they want to start their leave.
- Whether they wish to take one or two weeks’ leave.
To apply for paternity pay, an employee must give their employer a completed SC3 form or their employer’s equivalent, at least 28 days before they want the SPP to start.
Employer’s Responsibilities
Employers have several responsibilities when it comes to paternity leave and pay. They must:
- Keep records of paternity leave and pay, including the dates of leave and SPP payments, and the date they received the employee’s notice.
- Provide a written explanation if they reject an employee’s request for SPP.
- Not unfairly dismiss or treat an employee poorly because they’ve taken, or tried to take, paternity leave.
In conclusion, understanding the rules and rights surrounding UK paternity leave and pay is crucial for both employers and employees. It ensures that fathers can take the necessary time off to care for their newborn or adopted child, and it helps employers manage their workforce effectively. While the current rules do not allow for paternity leave to be split, the Shared Parental Leave and Pay scheme offers a flexible alternative for eligible parents.
