How long is statutory paternity leave in the UK?
You are a father, and you need to take care of your newborn child,but you aren’t sure if you have any possibility? Have you ever heard about statutory paternity leave? This article may help you clear up your doubts!
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What is statutory paternity leave?
Statutory paternity leave is the leave that is taken by fathers to support their partner during the birth and postnatal period. This type of leave is in addition to your normal annual leave.
Who is eligible to take statutory paternity leave in the UK?
If you want to take paternity leave, you must meet one of the following criteria:
• If you are the biological father or the person who adopts the child, or the husband or partner of the mother (or the person who adopts) then you are eligible to take this leave.
• If 15 weeks before the birth, you have still worked for the same employer continuously for at least 26 weeks then you are entitled to leave .
• In the case of adoption, you must have been employed up to the day your wife or partner was appointed as the child’s parents.
• You must continue to work for that employer without interruption until the date of the birth of the child or the date of adoption
• You must make an average of at least £123 per week (before tax).
Does type of employment differentiate entitlement to Statutory Paternity Pay?
Seafarers
Seafarers are entitled to SPP if their place of business is the UK and they are on a merchant ship.
NHS employees
They are entitled to the benefit, but employees whose contracts have been shared between Strategic Health Authorities and NHS Trusts as a consequence of NHS reorganisation may opt to add up all their earnings when calculating Average Weekly Earnings (AWE) for Statutory Paternity Pay calculations.
Agricultural workers
From 1 October 2013, agricultural workers in England who are not within the terms of the Agricultural Wages Board will be eligible for Statutory Payments if you meet the relevant qualifying conditions.
Worker abroad
If you work outside the UK and continue to work until your child is born or adopted you can receive Statutory Paternity Pay. You can take SPP, if you are required to pay contributions
Class 1 National Insurance earnings for the entire period, or you would be required to pay Class 1 National Insurance premiums if your earnings were high enough.
Agency workers and casual workers
If you are an agency or casual worker you meet the qualifying conditions, then your employer must pay you Statutory Paternity Pay
When can you take statutory paternity leave?
An employee to whom a child is born is entitled to a leave of 1 week or 2 weeks. The amount of leave is the same regardless of whether the parent has one child or twins.
The father or the guardian of the child cannot start the leave earlier than before the birth of the child. The date on which you can take your leave must be one of the following days:
the actual day of birth
a specified number of days after the birth
a specified number of days after the expected week of birth
If you want to adopt a child, it is your responsibility to inform your employer:
- 28 days before you plan to start paying benefits
- or 7 days after receiving information from the adoption agency
How long is paternity leave in the UK?
Your leave must end within 56 days of the birth, or of the date of the planned birth if the baby is born prematurely.
If you adopt a child, the start and end dates of your leave are different.
How can you claim for paternity leave?
The request for leave does not have to be in writing unless your employer requests it. You can also submit a form SC3. You can do it online, or you can download it, fill it in and then give a copy to your employer.
If you change your mind, you must provide 28 days’ notification.
Who pays for statutory paternity leave?
This benefit is paid by your employer, who deducts tax and pays National Insurance contributions accordingly prior to paying it to you.
What is the pay of statutory paternity leave in the UK?
If you wonder how much you can make on this leave, the answer is simple. If your average weekly earnings are £123 or more (before tax), Statutory Paternity Pay is paid for one or two further weeks at £156.66, or you can get 90% of your average weekly earnings (whichever is lower).
Is there a possibility of getting more?
You can get more leave or pay if your partner returns to work, and they qualify for Shared Parental Leave and Pay, or your company offers more.
What is Shared Parental Leave and Pay?
This is a Statutory Shared Parental Pay. You may be entitled to it, if you are an employee, and you qualify for Statutory Paternity Pay and your partner is entitled to Statutory Maternity Pay, Maternity Allowance or Statutory Adoption Pay.
In order for you to qualify for Statutory Shared Parental Pay, your child’s mother must have stopped Maternity Pay or Maternity Allowance.
How can you claim for Statutory Shared Parental Leave?
• You are obliged to inform your employer if you want to start shared parental leave. Both you and your partner are required to apply to your employer.
• Notifying your employer can be done at the same time if you qualify for both leaves.
• You are required to give your employer at least eight weeks’ notice if you want to change your mind about the dates or amount of leave and pay you want to take.
What is the pay of Statutory Shared Parental Leave?
This benefit is paid at £156.66 per week or 90% of your average weekly wages, whichever is lower.
How long is Statutory Shared Parental Leave in the UK?
You have up to 50 weeks’ leave and up to 37 weeks’ salary to share between you.
If you and your partner use less than 52 weeks of maternity, paternity or adoption leave, you can use the rest as Shared Parental Leave (SPL) On the other hand, if you use less than 39 weeks of maternity, paternity or adoption leave (or maternity pay) you can use the rest as Statutory Shared Parental Pay (ShPP).
What if you are not eligible for paternity leave and pay
- You may consider applying for annual leave or unpaid parental leave.
- You can ask your employer if your working hours could be more flexible
Now when you know how long Statutory Paternity Leave in the UK, you can claim for it. Do you think this leave should be longer? Share your opinion on gowork!
