Employees can ask you for Statutory Additional Paternity Leave and Pay if their partner returns to work before the end of their maternity (or adoption) leave or pay period.
Eligible employees are entitled to:
- Additional Paternity Leave - 2 to 26 weeks
- Additional Paternity Pay (APP) - £136.78 per week or 90% of their gross average weekly earnings (whichever is lower)
You can offer more if you have a company paternity scheme. An employee’s employment rights (like the right to pay, holidays and returning to a job) are protected during Additional Paternity Leave.
Start and end dates
Leave and or pay can only start 20 weeks after the birth, adoption or child’s arrival in the UK (overseas adoptions). Leave stops on the child’s first birthday or 52 weeks after the child starts living with the adopter. Pay stops when the mother’s maternity or adoption pay would have ended.
Employees can change these dates if they give you 6 weeks’ notice.
Unpaid Additional Paternity Leave
Your employee can take unpaid Additional Paternity Leave if they’re eligible for leave but not pay. All Additional Paternity Leave taken after the end of the Statutory Maternity Pay, Maternity Allowance or Statutory Adoption Pay period is unpaid.
Employees are eligible if:
- they’ve worked for you continuously for at least 26 weeks by the ‘qualifying week’
- they’re employed by you the week (Saturday to Sunday) before their leave and or pay starts
- they are on your payroll and earn at least £109 a week (gross) in an 8 week period
- their partner has at least 2 weeks left of their maternity or adoption pay (APP only)
- their partner signs one of the forms below confirming their maternity or adoption leave or pay is ending
- they give you the correct notice using the forms below
The qualifying week is:
- the end of the 15th week before the expected week of childbirth
- the week they were matched with a child by a UK adoption agency (UK adoptions)
- the time they get official notification from a UK authority that they can adopt from abroad (overseas adoptions)
Employees should give you 8 weeks’ notice using the forms below (or your own versions). Within 28 days of their request, write confirming what APP they’ll get and their leave start and end dates.
If an employee doesn’t give you the right amount of notice without a good reason, you can delay the start of leave and the pay period until you’ve had acceptable notice.
Proof you can ask for
You can ask for:
- proof of the birth or adoption - eg a birth certificate or letter from the adoption agency
- the contact details of their partner’s employer - eg to check when their partner’s maternity pay ends
They should give this to you within 28 days or they won’t qualify for leave or pay.
Refusing leave or pay
If an employee doesn’t qualify, write to them within 28 days of their request and include form ASPP1.