Statutory Paternity Pay and Leave: employer guide

Skip contents

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 £125 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.

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.

  1. Step 1 Decide what type of employee you need

  2. and Check you can afford to take on employees

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

  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

  6. Step 5 Get Employers' Liability insurance

  7. Step 6 Recruit and employ staff