Statutory Paternity Pay and Leave: employer guide

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Notice period

The notice periods and forms are different if the employee is adopting.

Statutory Paternity Leave

Employees must tell you:

  • the due date - at least 15 weeks before the baby is expected
  • when they want their leave to start and how much leave they want to take - at least 28 days before they want to take it

Notice does not have to be in writing unless you request it.

Employees can ask for leave and pay in writing using the online form. This replaces form SC3. Employees will need to download or print the form after completing it and give you a copy.

Statutory Paternity Pay

Employees must claim paternity pay at least 15 weeks before the week the baby is expected.

Notice does not have to be in writing unless you request it.

Employees can ask for leave and pay in writing using the online form.

Employees having a baby through a surrogacy arrangement can also use the online form. This replaces form SC4.

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

Late notice

You can delay the leave or pay start date if the employee does not have a reasonable excuse for giving you the wrong amount of notice. To delay it, write to them within 28 days of their leave request.

  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

  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 someone