As an employer, there is a good chance that you’ll have an employee needing to take paternity leave to look after a newborn child. All of your employees are entitled to statutory paternity leave and pay if they are expecting a child or going through the adoption process with an adoption agency. In this article,...
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As an employer, there is a good chance that you’ll have an employee needing to take paternity leave to look after a newborn child.
All of your employees are entitled to statutory paternity leave and pay if they are expecting a child or going through the adoption process with an adoption agency.
In this article, we are going to discuss paternity leave and walk you through the statutory entitlement for each of your employees.
If you need immediate advice in handling paternity leave, get in touch with one of our experts here or on 0800 470 0610.
Statutory paternity pay and leave is the time after a child is born that allows the expectant parents or intended parent to have time off work to support their adopted child or partner.
All contracted staff members are entitled to statutory paternity leave, but they may also be entitled to:
If employees meet the criteria for statutory paternity leave they can take up to two consecutive weeks off.
The amount of time they are allowed off is the same no matter how many children they have, for example, if they are having twins.
Paternity leave, unlike maternity leave, it can’t be taken before the birth of the child, the date of leave starts must be either:
Statutory paternity leave needs to be taken within fifty-six days of the birth of the child, or within 56 days of placement for adoption, the timeframe doesn’t change but the start date might if the placement is pushed back.
Your employees need to qualify for statutory paternity pay and leave.
With these requirements in mind, certain workers may not be eligible for paternity leave, such as contract workers or self-employed. Agency workers get it if they have worked for the same hirer for 12 weeks or more, but it’s the agency that would pay for and manage that
You should outline in your employment contracts what the paternity leave requirements are.
It’s important to keep in mind the additional rules that may apply to your employees in particular situations. Some of these could affect their pay.
For example, if your employee receives a pay rise that’s backdated, you’d need to do the following:
If your employee isn’t eligible for statutory paternity pay, then you will still need to recalculate their average weekly earnings.
For your employees to be entitled to statutory paternity pay they should either be
If your employee’s child is born early, they are still eligible, but only if they’ve worked for you continuously for at least 26 weeks by the qualifying date.
Yes, an employee might not be entitled to paternity leave and pay if they have:
Employers can utilise the Government online calculator to work out their employee’s paternity leave and pay entitlement.
Yes, This is possible in some instances such as,
You should ensure that your policies and procedures are clear and easily accessible to your employees.
For your employees to receive statutory paternity leave, they need to fill out an SC3 form (or your version of it) and hand it to you or their line manager.
Likewise, if they are adopting, they need to submit a SC4 form, within seven days of matching with the child.
This needs to be given by the fifteenth week before the child is born. You can request these details in writing, but you may want to consider a paternity leave letter template and adapt it to your needs.
If the worst happens and the baby dies, your employees will still qualify for paternity leave if they still meet certain eligibility criteria and if the baby:
During a surrogacy arrangement, your employee is still entitled to paternity leave or pay. Your employee must give you this information in writing to state that they’ve applied for or are going to apply for a parental order.
This needs to be done within the first six months following the child’s birth.
Your employee’s employment rights are protected while they are on parental leave. This includes pay rises, pension contributions, holiday, national insurance, and their return to work.
Pay is the only one that doesn’t continue as before, it’s replaced with the statutory pay for the duration of the leave
We’ve put together a paternity and parental leave template letter for you to give your employees when they want to request paternity leave or if they want to request parental leave and pay.
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