Statutory Paternity Pay and Leave: employer guide

Skip contents

Adoption

Eligible employees are entitled to Paternity Leave and Pay if they’re adopting a child.

Calculate an employee’s Paternity Leave and Pay using the maternity and paternity calculator. For overseas adoptions you’ll need to use your payroll software (if it has this feature) or work it out manually.

Eligibility

Employees are eligible for Paternity Leave from their first day of employment.

To receive Paternity Pay, an employee adopting a child must:

  • have been continuously employed by you for at least 26 weeks up to any day in the week they were matched with a child or when they want their Paternity Pay to start after matching (UK adoptions)
  • have been continuously employed by you for at least 26 weeks by either the date the child arrives in the UK or when they want their Paternity Pay to start after matching (overseas adoptions)
  • confirm in writing that they intend to claim Statutory Paternity Pay and are not already claiming Statutory Adoption Pay

Employees must also meet the other eligibility conditions for Paternity Leave or Pay.

Notice period

An employee adopting a child can use the online form (or your own version) to make a claim

They will need to download or print the form after completing it and give you a copy.

Paternity Leave

Employees should claim within 7 days of their co-adopter or partner being matched with a child. Or, if it’s taken in 2 separate one-week blocks, at least 28 days before the second week.

Paternity Pay

Employees should claim within 7 days of their co-adopter or partner being matched with a child

Overseas adoptions

For overseas adoptions, the notice period is different. The process is explained in the online form.

Leave start date

An employee taking Paternity Leave because they’re adopting can start their leave:

  • on the date of placement
  • an agreed number of days after the date of placement
  • on the date the child arrives in England, Scotland or Wales or an agreed number of days after this (overseas adoptions)

Leave must be taken within 52 weeks of the date of: 

  • the child’s placement 
  • the child’s arrival in England, Scotland or Wales (for overseas adoptions)

The rules on when Paternity Leave can start and finish are different in Northern Ireland.

Proof of adoption

Employees must give you proof of adoption to qualify for Paternity Pay. Proof is not needed for Paternity Leave unless you request it. Proof can be a letter from their adoption agency or their matching certificate.

You must keep records of the proof.

View a printable version of the whole guide

This page is Part of Get ready to employ someone for the first time: step by step

  1. Step 1 Check that you’re taking on someone as an employee

    Follow these steps if you want to take on someone with the employment status of ‘employee’ for the first time.

    1. Check who counts as an employee

    The rules are different if you want to take on someone with another type of employment status, such as agency staff, freelancers, consultants and contractors.

    1. Check your responsibilities when you take on someone with a different employment status and contract type

  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. Find out about fire safety
    5. Find out about health and safety on the Health and Safety Executive website

  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 someone

    1. Employ someone