Paternity pay and leave
Eligibility
You must be taking time off to look after the child and be one of the following:
- the father
- the husband or partner of the mother (or adopter) - this includes same-sex partners
- the child’s adopter
- the intended parent (if you’re having a baby through a surrogacy arrangement)
There are extra conditions you need to meet to qualify for leave and pay.
You cannot get Paternity Pay and Leave if you’ve taken paid time off to attend adoption appointments.
Paternity Leave
You must:
- be an employee
- give the correct notice
- have been continuously employed by your employer 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 you adopt.
Paternity Pay
You must:
- be employed by your employer up to the date of birth
- earn an average of at least £123 a week (before tax)
- give the correct notice
- have been continuously employed by your employer for at least 26 weeks up to the end of any day in the ‘qualifying week’
The ‘qualifying week’ is the 15th week before the baby is due. This is different if you adopt.
If you lose your baby
You can still get Paternity Leave or Pay if your baby is:
- stillborn from 24 weeks of pregnancy
- born alive at any point during the pregnancy
You can take any leave you booked before losing the baby. If after losing the baby you have leave left to book, you can still book and take this. You must do this within 8 weeks of the death.
You may also be eligible for Statutory Parental Bereavement Pay and Leave.
If you’re not eligible
Your employer must tell you within 28 days if you do not qualify and why using form SPP1.