Statutory Paternity Leave & Pay (Rough Guide)

Statutory Paternity Leave & Pay (Rough Guide)

An eligible father/partner of the mother can take 1 or 2 weeks of Statutory Paternity Leave when their partner has a babyFollowing up from our Rough Guide to Statutory Maternity Leave & Pay (for mothers), we follow up with a similar guide for the father (or partner of the mother, including in same-sex relationships). As you’ll see, some of the rules are quite different …

Statutory Paternity Leave

An eligible father/partner of the mother can take just one or two weeks of Statutory Paternity Leave off work when their partner has a baby — so, significantly less than the mother. The length of time they’re entitled to does not increase if twins, triplets or more are born — it remains at 1 or 2 weeks total. It’s also worth noting that the paternity leave needs to be taken in one go, not split up into smaller chunks of time.

We should also clarify what counts as a week. This is however many days they work in an average week in their employment.

Timing

The father/partner-to-be of the mother must give their employer at least 15 weeks' advance notice that they wish to take Statutory Paternity LeaveThe father, or partner of the mother, must give their employer at least 15 weeks’ advance notice that they wish to take Statutory Paternity Leave. This can be imprecise, however, given that they won’t be 100% certain which day the child(ren) will be born. If they later change the proposed date, employers must be given at least 28 days (4 weeks) notice of the change, made in writing if requested by the employer.

Statutory Paternity Leave must end no later than 8 weeks after the date of the birth (or due date if born early) and must not start until the baby is actually born. Please note that different rules apply for those who are adopting and we do not comprehensively cover those in this article.

Eligibility

To be eligible for Statutory Paternity Leave, the person must be taking time off to look after the child and needs to be:

  • Learn more about eligibility for Statutory Paternity Leavethe child’s father, or
  • the mother’s husband or partner (including if same-sex), or
  • the adopter of the child, or
  • if the baby is born through surrogacy, the intended parent.

In addition, the person:

  • must be an employee of a company (with an official employment contract);
  • must give the correct advance notice (see ‘Timing’ section above);
  • must have been working for their employer continuously for 26 or more weeks prior to the 15th week before the baby is due* (N.B. different rules apply for those who are adopting);
  • must not have already taken Shared Parental Leave (‘SPL’);
  • if adopting, must not have already taken paid time off to attend adoption appointments.

Statutory Paternity Pay

We explain the rules around eligibility for Statutory Paternity PayTo be eligible for Statutory Paternity Pay, a person needs to:

  • earn £120 or more each week, before tax;
  • give the correct advance notice to their employer (see ‘Timing’ section above);
  • be employed by them right up to the date of the birth;
  • have been working for them continuously for 26 or more weeks prior to the 15th week before the baby is due* (N.B. different rules apply for those who are adopting).

* The 15th week before the baby is due is is known as the Qualifying Week.

Those whose income has dropped below an average of £120 per week due to being on furlough during the pandemic may still be eligible.

How Much Do They Get?

An eligible father/partner of the mother will receive the lower of £151.97, or 90% of their average gross weekly earnings, per week. An eligible father/partner of the mother will receive the lower of £151.97, or 90% of their average gross weekly earnings, each weekThe payments are made through their wages by the employer after deducting any tax and National Insurance if due. (Figures correct at September 2021).

Making a Claim

Fathers/partners of the mother can use the same online tool as mothers to check what they’re entitled to. Start here.

Protected Employment Rights

As with mothers, a number of statutory employment rights for the father/partner of the mother are still protected under law. These include rights to possible pay rises, accruing of holiday leave and of returning to work after completion of the paternity leave.

Watch this space because we’ll cover the rules around Shared Parental Leave and more in separate, future guides.

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Statutory Maternity Leave & Pay (Rough Guide)

Statutory Maternity Leave & Statutory Maternity Pay (Rough Guide)

When women have a new baby, they will need to take time off work to give birth and to look after the newborn during their first weeks or more. It’s a precious time for both mother and baby and the good news is that employed mothers are legally entitled to maternity leave under UK employment law. We'll concentrate purely on the rules for mothers who are employees in this postToday, we’ll take a look at how much time and money mothers are entitled to under Statutory Maternity Leave and what the eligibility requirements are. We’ll concentrate purely on the rules for mothers who are employees in this post. However, we will follow up to cover paternity leave, shared leave and support for self-employed mothers separately, in future guides.

Statutory Maternity Leave Entitlement

Eligible mothers are entitled to take up to 52 weeks of Statutory Maternity Leave:

  • The first 26 weeks (i.e. first 6 months), known as Ordinary Maternity Leave;
  • The last 26 weeks (i.e. months 7 to 12), known as Additional Maternity Leave.

These are the statutory maximums, i.e. mothers do not need to take all 52 weeks off. However, they must take off the first 2 weeks from the date of birth as a minimum, or 4 weeks if they’re factory workers. (They can also arrange to share some of the remaining 50 weeks of their leave with their partner under Shared Parental Leave (‘SPL’) rules, which we’ll cover in the future).

Timing

Statutory Maternity Leave can begin up to 11 weeks prior to the baby’s anticipated due date. It must, however, begin no later than the day after birth if the baby is born early. For eligible mums, Statutory Maternity Leave (& Pay) must also start automatically in the event that the mum-to-be is off work for a medical illness, related to pregnancy, during the 4 weeks prior to the week the baby is due.

Eligibility

For Statutory Maternity Leave in the UK, just two main rules apply in regard to eligibilityThe good news is that, to be eligible for Statutory Maternity Leave in the UK, just two main rules apply. You need to:

a). officially be an employee of a company 1 and
b). give your employer the right amount of advanced notice.

How long you have been employed is not a factor and it also doesn’t matter what you are paid or how many hours you work.

1. Not a ‘worker’, ‘contractor’, ‘office holder’ nor ‘self-employed’ (like a sub-contractor) under UK employment tax law.

Notice should be given at least 15 weeks before the baby’s due date. The notice may need to be in writing, depending on your employer’s preference. It needs to confirm the baby’s likely due date and when you would like to begin the maternity leave. Once notified, your employer then has 28 days to officially confirm the beginning and end dates for that leave.

Statutory Maternity Pay (‘SMP’)

Check out the rules around Statutory Maternity Pay (‘SMP’)Statutory Maternity Pay (‘SMP’) is available to mothers who:

  1. earn £120 minimum per week on average;
  2. have given their employer proof of pregnancy (usually an MATB1 certificate or letter from their doctor/midwife);
  3. have given their employer the correct notice (min. 28 days) of going on Statutory Maternity Leave;
  4. have worked for their employer for a minimum of 26 weeks (6 months) including into the 15th week preceding the anticipated due date;
  5. have not been in police custody during the SMP period.

Those whose income has dropped below an average of £120 per week due to being on furlough during the pandemic may still be eligible for SMP.

How Much Do You Get?

You can receive SMP for up to 39 weeks. For the first 6 weeks, you receive 90% of your average gross weekly earnings. For the remaining 33 weeks if you take them, you receive the lower of £151.97 per week, or 90% of your average gross weekly earnings. They’re paid to you from your employer with tax and National Insurance deducted as if they’re part of your usual wages or salary. (Figures correct at August 2021).

Your Employment Rights

When you are away from work on Statutory Maternity Leave, a number of statutory employment rights are still protected. These include your right to a possible pay rise, your right to accrue holiday leave and your right to return to work when your maternity leave comes to an end.

Company Maternity Schemes

Some employers have their own Maternity/Paternity schemes. These must be at least equal to the statutory leave and pay schemes, however, many offer even greater allowances and benefits. So, always check with your employer or HR department to see what may be available.

Try the Online Tool

Use the Government's online tool to check if you are eligible to claim maternity/paternity leave and pay (as well as Maternity Allowance for self-employed mums)There’s a great online tool that you can use to check whether you are eligible to claim maternity/paternity leave and pay (as well as Maternity Allowance, which may help self-employed mums). It’ll also calculate how much you could receive. Head over to the Government tool here, ensure you have everything ready in the ‘Before you start’ section and click the green ‘Start now’ button.

If You’re Not Eligible

If you’re not eligible for Statutory Maternity Leave or Pay, other Government help options may be available. For example, for the self-employed, those who have recently stopped working, or are receiving one or more benefits. Click the bold blue link for more details.

Unpaid Parental Leave

Did you know that it’s possible to take unpaid parental leave if your child is under 18? In fact, eligible employees are entitled to up to 18 weeks off work before their child reaches the age of 18. Rules apply, of course, including a maximum of 4 weeks of unpaid parental leave being allowed in any one year. We’ll cover eligibility and the finer detail in a separate post in the near future, so visit again soon for the full picture.

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