Statutory Paternity Pay and Leave: employer guide

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Eligibility

Employees must be one of the following, the:

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

Employees must also:

  • be classed as an employee (paternity leave only)
  • be employed by you up to the date the child is born (or placed with the adopter) (paternity pay only)
  • be on your payroll and earn at least £123 a week (gross) in an 8 week ‘relevant period’ (paternity pay only)
  • give you the correct notice
  • be taking time off to look after the child or their partner
  • be responsible for the child’s upbringing
  • have been continuously employed by you 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. This is different if the employee is adopting.

Use the paternity pay calculator to check an employee’s eligibility and work out their relevant period, notice period and paternity pay.

There are special rules for some employee situations, for example if they leave or become sick.

If the child is born early

If the child is born early, the employee is still eligible if they would have worked for you continuously for at least 26 weeks by the qualifying week.

For very premature births, you’ll need to calculate SMP using your payroll software (if it has this feature) or work it out manually. A very premature birth is where the child is born 15 weeks or more before the due date.

Employees in surrogacy arrangements

Parents intending to have a child through a surrogacy arrangement may be eligible for Statutory Paternity Pay and Leave.

If you ask, they must give you a written statement to confirm that they’ve applied or intend to apply for a parental order in the 6 months after the baby’s birth.

View a printable version of the whole guide

Part of Get your business ready to employ staff: step by step

  1. Step 1 Decide what type of employee you need

    1. Check whether you need full time or part time staff
    2. Check the different types of employment status

  2. and Check you can afford to take on employees

    1. Check how much the National Minimum Wage is
    2. Find out how much National Insurance you need to pay for your employees
    3. Check how much sick pay your employees are eligible for
    4. Check how much you need to pay towards your employee's pension
    5. Check how much Maternity Leave you need to pay your employees
    6. Check how much Paternity Leave you need to pay your employees

  3. Step 2 Make your workplace safe and accessible for employees

    1. Prevent discrimination
    2. Make your workplace accessible for employees with disabilities or health conditions
    3. Keep employee information and data safe
    4. Fire safety
    5. Health and safety

    You also need to make checks when you recruit and employ someone.

    1. Find out what you need to check when you employ someone

  4. Step 3 Register as an employer and set up PAYE

    You need to register with HMRC so you can pay tax and national insurance for your employees.

    1. Register as an employer and set up PAYE
    2. Choose how to run payroll
    3. If you decide to run payroll yourself, choose payroll software

  5. Step 4 Check your responsibilities around workplace pensions

    1. Understand your pension responsibilities as an employer

  6. Step 5 Get Employers' Liability insurance

    1. Find out about Employers' Liability insurance

  7. Step 6 Recruit and employ staff

    1. Employ someone