Statutory Paternity Pay
Contents
What is Statutory Paternity Pay?
Eligibility Criteria
How it is paid
What if the baby is born stillborn, or dies?
Overview
Statutory Paternity Pay (SPP) provides up to 2 weeks of paid leave for eligible employees who are new fathers, partners, or adopters. This benefit allows them to take time off to support and bond with their child following birth or adoption.
To qualify, employees must meet specific employment and earnings criteria and provide the necessary notice to their employer.
What is Statutory Paternity Pay?
Statutory Paternity Pay (SPP) is a benefit that provides paid leave to eligible employees who are new fathers, partners, or adoptive parents. It allows them to take time off work to support their partner and care for their new child. SPP helps ease the financial burden during this period, ensuring that employees can focus on their family.
Eligibility depends on meeting certain employment and earnings criteria, as well as providing the correct notice to the employer.
Eligibility Criteria
To be eligible for Statutory Paternity Pay (SPP), you must meet the following criteria:
Employment Status:
You must be an employee, not self-employed, and have worked for your employer continuously for at least 26 weeks by the 15th week before the baby is due or the date you're matched with a child for adoption.
Earnings:
You must earn at least the minimum threshold (currently £123 per week) on average before tax.
Relationship to the Child:
You must be the child’s biological father, the mother’s partner, or the child’s adopter. You must also be responsible for the child's upbringing.
Notice:
You need to give your employer at least 28 days' notice of when you want to start your paternity leave and provide the correct form (usually the SC3 form for paternity leave).
If you meet these criteria, you can claim up to 2 weeks of paid paternity leave.
How it is paid
Statutory Paternity Pay (SPP) is paid by your employer in the same way as your regular wages, either weekly or monthly, depending on your employer's payment schedule. It is subject to tax and National Insurance contributions, just like your normal earnings. You can choose to take either 1 or 2 consecutive weeks of paternity leave, and the payments will cover the duration of your leave.
Your employer is responsible for processing and paying SPP.
What if the baby is born stillborn, or dies?
Baby born Stillborn
If your baby is born stillborn after 24 weeks of pregnancy, you are still entitled to Statutory Paternity Pay (SPP) and paternity leave. The same rules apply as if the baby had been born alive, meaning you can take up to 2 weeks of paid leave to support your partner and cope with the situation.
If the stillbirth occurs before 24 weeks, SPP and paternity leave are not available, but you may be entitled to other forms of leave, such as compassionate or bereavement leave, depending on your employer’s policies. It's important to discuss your options with your employer in such a situation.
Baby Dies
If your baby dies after birth, you are still entitled to Statutory Paternity Pay (SPP) and paternity leave, provided you meet the eligibility criteria. You can take up to 2 weeks of paid leave, regardless of when the baby passes away, to support your partner and cope with the situation.
In addition to SPP, you may also be entitled to Parental Bereavement Leave and Statutory Parental Bereavement Pay, which provides additional time off for grieving parents. It's important to check with your employer regarding additional leave policies that may apply in such circumstances.
Support with Grief
Baby loss charities can offer practical advice and support at this traumatic time: