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 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 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 usually earn an average of £123 or more a week, and you only earned less in some weeks because you were paid but not working (‘on furlough’) under the Coronavirus Job Retention Scheme, you may still be eligible.
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
If you’re not eligible
Your employer must tell you within 28 days if you do not qualify and why using form SPP1.