Statutory Paternity Pay in the UK: A comprehensive guide

Introduction to Statutory Paternity Pay

Statutory Paternity Pay (SPP) is one of several employee benefits in the UK. It’s the amount of money you must receive from your employer if you, as the father, take time off to look after your newborn child. This is known as paternity leave.

All employers in the UK are legally required to provide Statutory Paternity Pay to their employees. The employer then reclaims the payment from the government.

Eligibility criteria for Statutory Paternity Pay

To receive Statutory Paternity Pay, you must be taking time off work to provide newborn care. You must also be one of the following:

• The baby’s father
• The husband or partner of the mother or adopter
• The child’s adopter
• The intended parent (if the mother is having the baby through a surrogacy arrangement)

In addition, you must:

• Be employed by your employer up to the date of birth
• Earn an average of at least £123 a week before tax
• Give your employer at least 15 weeks’ notice
• Have been continuously employed by your employer for at least 26 weeks up to any day in the ‘qualifying week’

The qualifying week is the 15th week before the baby is due. If you’re adopting, it’s the week you’re matched with the child.

How much is Statutory Paternity Pay?

Make sure you understand how much Statutory Paternity Pay you’re entitled to.

Payment ratesStatutory Paternity Pay is a weekly rate of £184.03, or 90% of your average weekly earnings, whichever is lower.

It will be paid in the same way as your salary. This means you’ll receive it monthly or weekly and tax and National Insurance will be taken off.

Payment durationYou’ll receive Statutory Paternity Pay while you’re on paternity leave. You can choose to take either one or two weeks of paternity leave. If you take two weeks, you can take them together or separately as two blocks of one week.

A week of leave is the same number of days you usually work. So, if you only work Monday to Thursday, a week of leave will be four days.

You can’t start your leave before the baby is born and it must end within 52 weeks of the birth (or due date if the baby is early).

Your employer must confirm the start and end dates of your paternity pay when you claim it.

How to claim Statutory Paternity Pay

You’ll need to claim Statutory Paternity Pay through your employer. You can do this by filling in an online form. You’ll need to download or print out the form and send it to your employer. There’s a different form for adoptions.

Alternatively, your employer might have its own form you can use. Speak to your HR department to find out.

When filling in the form, you need to include:

1. The baby’s due date.
2. When you want your paternity leave to start. This doesn’t have to be exact. It could be the day the baby is due or a week after, for example.
3. Whether you want to take one or two weeks’ leave.

You don’t need to provide proof of the pregnancy or birth.

Important deadlines and procedures

You must tell your employer that you’re going on paternity leave and requesting paternity pay at least 15 weeks before the baby’s due date.

If you’re adopting, you must tell your employer:

• 28 days before you want your paternity pay to start, or
• Within seven days of being informed you’ve been matched with a child

You can change your paternity leave dates as long as you give your employer at least 28 days’ notice.

Here’s a quick recap of how Statutory Paternity Pay and Statutory Paternity Leave works:

Additional rights and considerations

Before you claim Statutory Paternity Pay, it’s important to be aware of all your paternity rights:

Shared Parental Leave

You might be able to get more paid leave if you qualify for Shared Parental Leave and Shared Parental Pay with your partner. This lets you share up to 50 weeks of leave and up to 37 weeks of pay between you.

1. You can apply if you’re an employee and you qualify for Statutory Paternity Pay.
2. Your partner must also qualify for Statutory Maternity Pay, Maternity Allowance or Statutory Adoption Pay.
3. Your partner will need to give up some of their maternity or adoption leave and pay.

You can take Shared Parental Leave and Pay after paternity leave. You can’t take it before paternity leave.

If you lose your baby

If your baby is stillborn from 24 weeks of pregnancy or born alive at any point during the pregnancy, you can still get paternity leave and pay.

You can take paternity leave:

• At the time it was planned - if leave was already booked
• Within eight weeks of the baby’s death - if leave was not already booked

You may also be able to apply for Statutory Parental Bereavement Leave or pay

If you leave your job

If you leave your job after the birth of your baby, you are still entitled to Statutory Paternity Pay. That’s provided you don’t start working for a new employer while you’re on paternity leave.

If you leave your job before the birth, you won’t be able to get paternity pay from your employer.

Leave for antenatal appointments

You can take unpaid leave to attend two antenatal appointments if:

• You’re the baby’s father
• You’re the husband or partner of the expectant mother
• You’re the intended parent

You can take up to six and a half hours per appointment. But your employer might let you take longer.

Employment rights when on leave

When you’re on paternity leave, your employment and workplace rights will be protected. Employment law says you will remain eligible for:

• Holiday build-up
• A pay rise
• Returning to the same job
• Pension contributions
  

Common questions about Statutory Paternity Pay

Can I get SPP if I'm adopting?

You can claim Statutory Paternity Pay (SPP) if you’re adopting. You must inform your employer:

• 28 days before you want your paternity pay to start, or
• Within seven days of being matched with a child
  

What if I have more than one job?

If you have more than one employer in the UK, you can get SPP from each. But you’ll need to meet the criteria. You must also give the correct notice to each employer.

Can Paternity Pay affect other benefits?

Statutory Paternity Pay counts as full earnings when working out if you can get other means-tested benefits.

If you already claim Universal Credit and have a child, you get a work allowance. Your Universal Credit will be reduced by 55p for every £1 of any Statutory Paternity Pay you get above your work allowance.

It’s best to use a benefits calculator or speak to someone at Citizens Advice for more information.

Is Statutory Paternity Pay taxable? h3>

Statutory Paternity Pay is classed as earnings, so tax and National Insurance will be taken off.

Further resources and help

If you need further help understanding what you’re entitled to, you can find support on the MoneyHelper and Citizens Advice websites. It’s also worth talking to your company’s HR department so that you’re clear about what they offer and their family leave policies.

If your employer won’t pay you Statutory Paternity Pay or you think the rate is wrong, you can contact the HM Revenue and Customs (HMRC) employee enquiry line on 0300 200 3500. You can also raise the issue with your trade union rep if you have one or check the Acas website.

Summary

Statutory Paternity Pay provides financial support while you take time off work to care for your new baby. Although you’ll only be able to take one or two paid weeks off work, you might be able to extend this through Shared Parental Leave.

Always check you’re familiar with the deadlines for claiming and what you need to tell your employer before you claim.